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We are delighted to announce we have won “Impact Case of the Year” at the LMG Life Sciences Awards EMEA 2023, for our work in Hastings v Finsbury Orthopaedics Ltd and Stryker (UK) Ltd [2022]. These preeminent industry awards recognise complex and innovative work completed in the life sciences sector.
Kennedys successfully represented the Respondent manufacturers in this landmark case that concerned an allegedly defective metal on metal total hip replacement and which was subject to an appeal before the UK Supreme Court. Judgement was handed down in favour of the Respondents in June 2022 by the Supreme Court, who dismissed the appeal in its entirety. The case was led by partner Samantha Silver and senior associate Ed Gibson.
The decision was of profound significance for manufacturers and suppliers in the life sciences sector. Not only was this the first time the UK Supreme Court has ruled on the meaning of "defect" under the Consumer Protection Act 1987, the judgment demonstrated that the court recognises the importance of balancing a high level of consumer protection against a robust assessment of the standards which the public can realistically expect product manufacturers to achieve.
This judgment was the final chapter in a body of judicial opinion in the UK which has considered the approach to defect in the context of medical devices and medicinal products but which will be binding on all future product liability actions brought in the UK courts.
Kennedys are considered market leaders in global product safety, product liability and commercial litigation within the life sciences sector. Our practice has unrivalled strength and depth of expertise, with major international companies and insurers, including those operating in the medical device, pharma and biotech spheres, seeking our representation in relation to contentious, commercial and regulatory matters, trusting us with their most complex and sensitive cases. The team have successfully represented other manufacturers in significant cases shaping the law on product liability which have had a significant impact on the life sciences sector, such as Wilkes v DePuy International Ltd [2016] and Colin Gee v DePuy International Limited [2018].
Now in its 11th year, the annual LMG Life Sciences Awards aim to recognise complex and innovative work completed in the life sciences sector across various practice area categories throughout the EMEA region. Samantha Silver said, “This prestigious award is a real honour and a testament to our leading life sciences team who are at the forefront of this continuously evolving sector”.
United Kingdom