The families of those affected by the error may be entitled to claim compensation for injuries suffered as a result of the use of defective products.

ITH Pharma is responsible for the supply of intravenous nutrition to hospitals, which is primarily given to premature babies. It is provided to patients via an intravenous drip to ensure they receive the nutrition they need whilst recovering from other injuries or difficulties. Following the deaths and illness of some babies, an investigation found that the product supplied by ITH Pharma was below the quality specified in the prescription. The pharmaceutical company has been charged with seven counts of supplying medicinal products not of the quality specified in the prescription

The decision to charge ITH Pharma opens up the possibility of a claim for compensation for negligence against the company. In England and Wales, if a product is defective and that defect causes personal injury to the user of it, the injured person may be able to bring a claim for compensation. Claims for compensation in cases of this nature are primarily against the manufacturer of the product but can also be brought against suppliers, retailers, installers and repairers. Where children have suffered injury, their parents are able to bring the claim on the child’s behalf.

A food product may be defective if it contains a foreign body, such as a stone or piece of plastic, which is not supposed to be part of the product. A child’s toy may be defective if it contains, for example, an electronic fault. In the case of ITH Pharma, the product supplied to the hospital was not as described on the label. Where these defects cause injury, a claim can be brought.

A claim for compensation arising out of a defective product must be brought within 3 years of the date of incident or, if later, the date of knowledge. It is possible that the families of those affected by the potentially defective product supplied by ITH Pharma were unaware of the cause of the injuries to their children, in particular given that the children were born prematurely and already suffering illness. In cases where injury is caused to a child a claim for compensation can be brought at any time up to the 3 years after the date of the child’s 18th birthday.


At Jordans Solicitors we have a team of personal injury lawyers with experience in bringing claims for compensation against manufacturers of defective products. If you have suffered injury as a result of a defective product please contact our personal injury team on 01924 457 171 or visit our website and request a call back.

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