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Medical and life sciences

Blog

Ho v Adelekun [2021]: Supreme Court decision on QOCS spells bad news for defendants and insurers

Published on 18 October 2021. By James Davies, Senior Associate

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META DESCRIPTION Think Search Engine Optimisation (SEO). Summarise your blog in 160 characters. Search engines such as Google, Yahoo, and Bing use the meta description as the search results description for that page. A review of the Supreme Court decision of Ho v Adelekun and the impact on QOCS and costs recovery for defendants and insurers.

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Blood Tube Shortage: Testing Times

Published on 03 September 2021. By Genevieve Isherwood, Associate

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Test tube shortage leading to delays in blood tests; protection for GPs from liability.

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The latest addition to Kwasi Kwarteng's reading list

Published on 24 August 2021. By Peter Rudd-Clarke, Legal Director

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The Regulatory Horizons Council report sets out recommendations for medical devices regulations reform in the UK

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The government responds to Cumberlege - What now for product liability risks in the life sciences sector?

Published on 26 July 2021. By Peter Rudd-Clarke, Legal Director

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The government has accepted most of Baroness Cumberlege's recommendations, with long term implications for litigation concerning medicines and medical devices.

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Life sciences and the Brexit trade agreement of Christmas Eve 2020

Published on 26 March 2021. By Peter Rudd-Clarke, Legal Director

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As the nation prepared for muted Christmas celebrations at the end of last year, those in industry were able to feast on the Trade and Cooperation Agreement settled between the EU and UK on 24 December 2020 (the TCA). The TCA concluded months of uncertainty for the life sciences sector. Companies had been waiting to see how far the UK government would go in agreeing to follow EU standards concerning medicines and medical devices. By the time the EU and UK finally agreed the TCA, questions over life sciences regulations had rocketed up the agenda against a backdrop of vaccines and treatments developed to combat Covid-19.

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Covid-19 vaccines: an injection of politics

Published on 07 January 2021. By Peter Rudd-Clarke, Legal Director

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A legacy of the pandemic will be greater debate, amongst politicians and the public, about how life sciences products are brought to the market.

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The Nocebo Effect: study into statins signals a timely warning

Published on 17 November 2020. By Dorothy Flower, Partner and Peter Rudd-Clarke, Legal Director

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New study into statins highlights issue of the Nocebo Effect with implications for manufacturers, insurers and society

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Buyer Beware: NHSX Guidance on Artificial Intelligence

Published on 15 October 2020. By Peter Rudd-Clarke, Legal Director

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NHSX Guide on AI is a useful resource for manufacturers and insurers in mitigating litigation risks

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Parents contest NICE Cannabis Guidelines at Court

Published on 16 September 2020. By Natalie Drew, Senior Associate

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A family is seeking judicial review of NICE guidelines in the hope that doctors are more likely to prescribe cannabis-based medicines. The outcome could have significant consequences for the healthcare sector.

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Beyond the fruit and yoga: surviving or thriving?

Published on 16 June 2020. By Mental Health Workstream,

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Last week the RPC Mental Health Work Stream (our internal network) hosted an interactive session with over 60 colleagues and clients.

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Back to the Future: a look ahead at medical malpractice issues for COVID-19-related claims

Published on 15 April 2020. By James Davies, Senior Associate

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Future issues for Insurers to consider in assessing COVID-19 medical malpractice / clinical negligence claims.

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SC double decision on vicarious liability

Published on 03 April 2020. By Natalie Drew, Senior Associate

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Handed down on 1 April, the two, separate, Supreme Court judgments on vicarious liability were no April Fool's jokes; they are serious and welcome responses to a difficult issue.

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COVID-19: the battle between fact and fiction

Published on 01 April 2020. By Emma Kislingbury, Senior Associate

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In the era of fake news, and at a time of global panic, how is the government responding to the daily spread of unauthorised health claims around COVID-19?

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The Archers does Insurance – a light-hearted look at coverage issues following the Grey Gables explosion

Published on 27 March 2020. By Sian Morgan, Senior Associate

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For radio aficionados, the long running radio soap The Archers is a welcome daily escape from daily life. However, the last few episodes have not been without their drama. For a medmal insurance lawyer looking to unwind after a day of (home)working, there are a number of taxing fictional issues to which one can turn one's mind.

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The "war" against Coronavirus: implications for the Life Sciences industry when regulations are loosened

Published on 25 March 2020. By Dorothy Flower, Partner and Peter Rudd-Clarke, Legal Director

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Politicians have reached for military metaphors when setting out their response to the Coronavirus outbreak. Governments hope that the Life Sciences industry will win the fight against the virus by arming the healthcare sector with pharmaceutical and medical device solutions. In the first of a series of blog posts over the coming months on Coronavirus, we examine the pressures that industry must balance when responding to the call to arms.

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Patch Test: Is your GP watching Love Island?

Published on 04 February 2020. By Genevieve Isherwood, Associate

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The reality TV phenomenon Love Island returned to viewer's screens on 20 January 2020, opening to an audience of 4.8 million. One contestant's open display of contraceptive choice has caught the attention of viewers and, hopefully, some GPs.

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General Election roundtable sheds light on key issues for the Healthcare and Life Sciences sectors.

Published on 11 December 2019. By Peter Rudd-Clarke, Legal Director

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Last week RPC invited guests to a roundtable to debate the UK political parties' manifesto promises affecting the healthcare and life sciences sectors. Some policies attracted criticism whilst one party bucked the national trend to emerge a winner.

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Endometriosis: painfully under-diagnosed?

Published on 22 November 2019. By Amber Oldershaw, Associate

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Endometriosis, described as a "silent source of unnecessary misery", affects over two million women in the UK. So, why is it taking over 7 years to diagnose?

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A judgment that will "benefit" manufacturers facing the "risks" of products litigation

Published on 15 November 2019. By Peter Rudd-Clarke, Legal Director and Emma Kislingbury, Senior Associate

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In the Seroxat group litigation, the Court has endorsed using a risk/benefit approach in claims under the CPA and upheld the trial judge's ruling regarding the limited scope of the Claimants' case

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Medicinal Cannabis – approved for NHS use

Published on 11 November 2019. By Natalie Drew, Senior Associate

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Two cannabis based medicines have now been approved for use by the NHS in England following new guidelines from NICE.

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Enter the avatar - is this medicine's new "reality"?

Published on 29 August 2019. By Florence Page, Senior Associate

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A brief look at the use of virtual and augmented reality technology in medical treatment, and some of the legal issues that could arise

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"Alexa, my symptoms are…"

17 July 2019

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Amazon has announced that Alexa will now provide its users medical advice directly from the NHS website. This blog looks at the potential impacts of this change.

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MPs Vote to Lift Abortion Ban in Northern Ireland

Published on 15 July 2019. By Genevieve Isherwood, Associate

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Last Wednesday MPs in Westminster voted in favour of lifting the abortion ban in Northern Ireland by a majority of 332 votes to 99. The passing of the amendment has been hailed as a historic day for women's rights but what does it mean practically?

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The Medical Devices Regulation 2017 and good business practice

Published on 05 July 2019. By Peter Rudd-Clarke, Legal Director

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When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017

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Government Consultation on Adding Folic Acid to Flour

Published on 18 June 2019. By Genevieve Isherwood, Associate

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Last week the government began a consultation on whether to introduce mandatory fortification of flour with folic acid to help reduce neural tube defects in foetuses.

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Royal College of Surgeons call for Robust Reporting in the Private Healthcare Sector

Published on 10 April 2019. By Natalie Drew, Senior Associate

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The Royal College of Surgeons (the “RCS”) has today called for independent healthcare providers to “improve standards in the independent sector and prevent the circumstances that enabled Paterson to continue practising from happening again.”

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Vaginal mesh: the evidence

Published on 10 April 2019. By Peter Rudd-Clarke, Legal Director

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NICE guidelines inform debate over the evidence for the risks and benefits of mesh products

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A Right Royal Deadlock: Can "Crown" use unlock patented drug?

12 March 2019

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Can the Government settle the dispute between NHS and Vertex Pharmaceuticals through "Crown" use of the patented drug, Orkambi.

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Organ Donation: The New Law

Published on 28 February 2019. By Emma Kislingbury, Senior Associate

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An "opt-out" system for organ donation is expected to come into effect in England next year after passing the final parliamentary vote this week

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Medicinal Cannabis – How far have we really come?

Published on 25 February 2019. By Natalie Drew, Senior Associate

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Cannabis, for medicinal purposes, was legalised nearly four months ago in the UK, but how many patients are actually reaping the benefits, and how far have we really come?

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From rehabilitative robotics to automated imaging: educating the workforce for the digital future

Published on 19 February 2019. By Emma Kislingbury, Senior Associate

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An independent review into the future impact of digital technology identifies a pressing need for specialist training within the healthcare workforce.

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"Move fast and break things" (just not patients)

Published on 08 February 2019. By Peter Rudd-Clarke, Legal Director

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The AoMRC's report on Artificial Intelligence in Healthcare presents dilemmas for clinicians, hospital and industry

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Could the NHS Long Term Plan mean less opportunity for NHS contracts?

Published on 23 January 2019. By Genevieve Isherwood, Associate

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The NHS's Long Term Plan includes a provision to repeal elements of the Health and Social Care Act 2012; in this blog we consider the potential impact on private providers and their opportunity to tender for NHS contracts.

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Hairdryer treatment for medical staff who accessed Sir Alex Ferguson's medical records

14 January 2019

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After the former Manchester United manager's medical records were accessed by staff at the Salford Royal Hospital, what are the likely GDPR and Data Protection Act consequences?

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Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Senior Associate and Peter Rudd-Clarke, Legal Director

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In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Artificial intelligence and diagnostics in the medical sector

Published on 06 December 2018. By Emma Kislingbury, Senior Associate and Peter Rudd-Clarke, Legal Director

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Our Medical and Life Sciences team take a look at the use of artificial intelligence and diagnostics in the second instalment of this 3 part vlog series.

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The future of the medical products sector

Published on 28 November 2018. By Peter Rudd-Clarke, Legal Director and Emma Kislingbury, Senior Associate

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In the first of our vlog series we focus on the future of the medical products sector, specifically where the sector is heading and what risks and opportunities might lie ahead.

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Jackie Doyle-Price appointed Minister for the Prevention of Suicides

Published on 05 November 2018. By Genevieve Isherwood, Associate

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What is the role of the Minister for the Prevention of Suicides, and how will her appointment impact Insurers?

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Stephen Hawking's big questions for Life Sciences

Published on 19 October 2018. By Peter Rudd-Clarke, Legal Director

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Stephen Hawking's posthumously published "Brief Answers to the Big Questions" is a fascinating foretelling of legal challenges that the life sciences sector may face.

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Fake news is bad news for patients

Published on 30 August 2018. By Peter Rudd-Clarke, Legal Director

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Gee v DePuy International Limited shows that fake news in the healthcare sector is bad news for the public

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Dr Bawa-Garba wins appeal against strike off

Published on 17 August 2018. By Genevieve Isherwood, Associate

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On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.

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Online Prescriptions or Real Life Addictions?

Published on 02 August 2018. By Natalie Drew, Senior Associate

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With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.

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US talc litigation has important lessons for UK insurers

Published on 02 August 2018. By Peter Rudd-Clarke, Legal Director

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Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.

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Medicinal Cannabis: the debate continues

Published on 13 July 2018. By Emma Kislingbury, Senior Associate

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With the debate over medicinal cannabis still going strong, we update you on recent developments which have dominated the headlines.

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Introducing the new Health Secretary…

Published on 10 July 2018. By Genevieve Isherwood, Associate

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Who is Matt Hancock, our new Health Secretary, and what impact will his appointment have?

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Off-label medicine: as bad as it sounds?

18 June 2018

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Consider this: the prescription your doctor wrote for you may not be "officially" approved for your illness. Before you panic, this may not be as alarming as you think

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Ireland Voted Yes – What next?

Published on 30 May 2018. By Genevieve Isherwood, Associate

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Considers yes vote in Irish abortion referendum

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Landmark decision in Metal-on-Metal Hip product liability litigation

Published on 21 May 2018. By Genevieve Isherwood, Associate

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Considers the decision in the DePuy Pinnacle Metal-on-Metal hip litigation and what impact this will have on manufacturers and their insurers.

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A spa day, on doctor's orders…

Published on 18 May 2018. By Emma Kislingbury, Senior Associate

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We are increasingly focussed on living more sustainably with what we eat and the products that we use. Applying a similar mind-set to medicine, might we see a resurgence of traditional natural therapeutic treatments like spa treatments?

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Life After Death…

Published on 04 May 2018. By Natalie Drew, Senior Associate

How was a baby born four years after the death of his parents? And what does this mean for IVF providers in the UK?

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