Paper's abstract

Sophie Hocquet-Berg, Precaution In Drug And Vaccine Innovation
This paper discusses the role of the precautionary principle when drugs or vaccines put patients at risk of physical damage. If it were fully established in tort law, the precautionary principle would allow pharmaceutical companies to place the burden not only of the damage caused by drugs or vaccines, but also of the hazards – serious and irreversible, even if scientifically uncer-tain – to which they put the patients, which may seem unfair. A study of positive law shows, however, that the precautionary principle has already contributed to lowering the conditions of civil liability in the area of drugs and vaccines.

Key Words : Drug - Vaccine - Civil liability - Fault - Causality - Damage
t. 62, 2020 : p. 323-340

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