Consumer Sales - O'Byrne v Sanofi Pasteur MSD Ltd (formerly Aventis Pasteur MSD Ltd) - how many trips to Luxembourg are necessary?

摘要

The cost and delay of using the preliminary reference procedure makes most courts reluctant to send a case to the European Court of Justice. However, O'Byrne v Sanofi Pasteur MSD Ltd (formerly Aventis Pasteur MSD Ltd) has been to Luxembourg once and has recently been referred back by the House of Lords for a second time. Meanwhile, a young boy suffering from brain damage, allegedly as a result of a HIB vaccination in 1992, is still waiting as lawyers wrangle over the technical issue of whether his claim is time-barred under the 10-year long-stop defence.