Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
             This is an appeal from orders of the High Court (Heslin J.) of the 21 st October 2022 dismissing the appellant's claims against each of the respondents, with costs.
             The pleaded claim against the HSE is for breach of care and safety while a patient of HSE and the Statement of Claim sets out a list of some 40 injuries which the appellant says she suffered at the hands of named HSE doctors or other staff, or as side effects of the drug Rasilez Aliskiren. However the Statement of Claim provides little detail and no conventional pleading of the basis for the claims and negligence or other wrongdoing on the part of the defendants their servants or agents.
             For the sake of completeness it should be added that the Plenary Summons refers in summary form to some of the injuries, including musculoskeletal disease caused by Aliskerin poisoning, and in handwriting it pleads a claim for damages for breach of care and safety whilst a patient of HSE, betrayal of trust, withholding of medical information, and defamation of name and character. There is no further reference to withholding of information or defamation in the Statement of Claim.
             Mr. Malone pointedly did not make the point that the form of the proceedings - a Plenary Summons rather than a Personal Injury Summons - was wrong but he expressed the view that the Statement of Claim and Addendum disclosed no cause of action against Novartis and failed to meet the substantive requirements of s. 10 of the Act of 2004.
         Heslin J. also dismissed the claim against Novartis, which he - correctly in my view - treated as a claim in medical negligence similar to the claim against the HSE and relating to Rasilez Aliskerin which the appellant claimed ought not to have been prescribed. He found that the drug had marketing authorisation from 2007 and that the June 2016 European Public Assessment Report on the drug confirmed it was only available on prescription. Accordingly, he held:
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.