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Proposed interrogatory in vaccine claim raised a number of contested issues
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High Court, in a claim concerning alleged adverse effects from the administration of a vaccine, refuses to grant leave to deliver a proposed interrogatory concerning analysis carried out by the developer of the vaccine comparing its adverse events with those of another vaccine, on the grounds that the proposed interrogatory concerned a number of contested issues, and that no injustice would be done to the plaintiff if the interrogatory were not delivered.
Application for leave to deliver interrogatories - claim for personal injuries - administration of swine flu vaccine - symptoms of excessive sleepiness and was subsequently diagnosed with narcolepsy and cataplexy - Liability for Defective Products Act, 1991 - Pandemrix - safer vaccine available - analysis of disparity in adverse events associated with vaccine and other available vaccine - Regulation 726/2004 - whether in breach of EU law - alleged failure to notify European Medicines Agency of pharmacovigilance - data - other claims made - request for discovery - whether disputed interrogatory was unreasonable or unnecessary for disposing fairly of the matter - whether interrogatory could be answered without deconstructing the question - reference in question to disputed premises - lack of clarity - basis upon which interrogatories might be raised - litigation efficiency - use of evidence given in reply to interrogatories - lack of precision and clarity in proposed interrogatory - rooted in premises and issues of fact that are disputed - whether necessary to dispose fairly of the proceedings or to save costs.
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