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PEOPIL’S MARK HARVEY CONTINUES TO LOBBY THE EUROPEAN COMMISSION ON CHANGES TO THE PRODUCT LIABILITY DIRECTIVE

Mark Harvey, Partner in charge of the Specialist Claims Group at Hugh James in London and Cardiff

chairs PEOPIL’s Pharmaceutical Product Liability and Mass Tort Group, is a member of the

Commission's Expert Working Group on Product Liability and for the last two years, this Committee

has been charged with producing guidance to sit alongside the Product Liability Directive 85/74EEC.

When 20-11-2019

Speaking about his work on behalf of PEOPIL in Brussels, Mark said today “now that the new
Commission has been installed, confirmation of the publishing of the guidance is awaited. In the
meantime, the Committee has been asked to advise the new Commission on whether the Directive
should be left alone, amended or withdrawn.”
Mark added “in November, the Committee met to discuss what parts of the Directive may need
updating to take account of new science, such as software and artificial intelligence, and whether
other parts have been less than effective. The discussion included concerns as to the impact the
ten-year longstop limitation period has in cases involving medical devices and pharmaceutical where
in many cases the injury alleged to arise from a defect may not be seen until after that ten-year
period thus denying justice for victims. Questions were considered as to what part (if any) matters,
such as regulatory approval and risk-benefit profiles, should play a part in determining whether a
product is safe or not”.
Mark continued “the work of my Committee will continue into the Spring of 2020 but I am not
optimistic that there will be any appetite in the Commission to amend the Directive”

 

Commenting on Mark’s work on behalf of PEOPIL in
Brussels, Dr. Wolfgang Resch PEOPIL’s CEO said today
“PEOPIL is lucky to have as Chair of its Pharmaceutical,
Product Liability and Mass Torts Group, a Lawyer with
the level of experience that Mark Harvey has in product
liability claims throughout the world. Mark has
obtained compensation for many individual victims of
common but defective consumer products and is
known worldwide as an expert in product liability
claims. We wish to thank Mark for representing the
interests of PEOPIL members on this Committee