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The 'New Normal': SARS Liability Implications

By Kevin M. Quinley

Without disease and illness, there would be no need for life science companies or the products that they develop. Some modern maladies and ailments present more challenges than opportunities for biotech and medical device firms. Severe Acute Respiratory Syndrome (SARS) and comparable pathogens present medical device and life science manufacturers with new and daunting risks. One such peril lies in the realm of product liability.

The issue of product liability from SARS cases is a particularly ripe one, given that on Jan. 24, the first class action was commenced in Ontario, Canada, relating to last years' SARS outbreak. The claim seeks damages against the City of Toronto, Health Canada and the Ministry of Health and Long Term Care. The claim relates to the second outbreak (after officials thought the first outbreak had been contained) and alleges that officials were lax and failed to take protective steps that would have prevented additional transmission. To date, however, it does not appear that any manufacturers have yet been sued as a result of the SARS outbreak.

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