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Challenge to use of drug was not based on expert medical opinion
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Court of Appeal dismisses appeal from High Court, and affirms orders dismissing claims against all defendants, including the Health Service Executive, An Garda Siochana and a manufacturer of a licensed drug, on the grounds, inter alia: (a) that the appellant had not set out the particulars of the decision under appeal, nor the grounds of appeal; (b) the appellant's written submissions did not address the matters necessary to succeed in her appeal; (c) the appellant's challenge to the use of a particular drug was not based on an expert independent medical opinion, as was required; and (d) that it was clear from his comprehensive judgment that the trial judge had correctly applied the law.
Haughton J (nem diss): Claim against HSE for alleged breach of care and safety - alleged sequelae from use of hypertension drug Rasilez Alikiren - alleged assault and batter and theft of body parts - claim against An Garda Siochana - applications issued to dismiss claims - dismissal of claims by High Court - failure to disclose cause of action - failure to comply with requirements of court - failure to particularise particulars of decision under appeal or grounds of appeal.
Noonan J: (Short concurring judgment).
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