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| TITLE | Supreme Court Decision 2008Da16776 Decided September 29, 2011 [Damages (Medical Liability)] [full Text] |
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| Summary | |
| [1] When a patient claims liability for damage against a pharmaceutical company due to viral infection from a contaminated blood product, the burden of proof required to establish a causal relation between the patient's infection and defects within the blood product or negligence on the part of the pharmaceutical company, and standards to determine whether the burden of proof has been met [2] In a case where Gap and other hemophilia patients claimed they had contracted HIV from a blood product manufactured and supplied by the corporation Eul, the Court held that a causal relation could be presumed between HIV infection for Gap, etc., and defects in Eul's blood products or negligence on the part of Eul [3] In cases where the latent period for an infection is long or there is no way to predict how the illness will eventually progress, the point of time that the extinctive prescription period starts to run for a claim of damage due to unlawful acts | |
