Smillie, LR and Eccleston-Turner, MR and Cooper, SL (2017) C-621/15 - W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science. Medical Law Review. ISSN 1464-3790

[img] Text
15 - W AND OTHERS v SANOFI PASTEUR- AN EXAMPLE OF JUDICIAL DISTORTION AND INDIFFERENCE TO SCIENCE.pdf - Accepted Version
Restricted to Repository staff only until 8 November 2019.
Available under License Creative Commons Attribution Non-commercial.

Download (284kB)

Abstract

This case commentary examines the CJEU’s recent decision in C-621/15 W and Others v Sanofi Pasteur MSD SNC [2017] ECR I. This commentary critically examines the decision through the lens of the cultural conflict between law and science. We argue that the CJEU’s decision reflects both a distortion of scientific knowledge and an improper indifference to the legitimate methods by which scientific knowledge is generated in the context of vaccines. These judicial approaches may, the authors argue, inadvertently fuel the vaccine scepticism that is growing across the developed world, and in particular in Europe.

Item Type: Article
Additional Information: This is the accepted author manuscript (AAM). The final published version (version of record) is available online via Oxford University Press at http://dx.doi.org/10.1093/medlaw/fwx049 - please refer to any applicable terms of use of the publisher.
Uncontrolled Keywords: CJEU, Hepatitis B, Multiple Sclerosis, products liability, tort, vaccines
Subjects: K Law > K Law (General)
R Medicine > R Medicine (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 09 Nov 2017 09:41
Last Modified: 09 Nov 2017 09:45
URI: http://eprints.keele.ac.uk/id/eprint/4195

Actions (login required)

View Item View Item