Thompson v Johnson & Johnson

(1992) 3 Med LR 148

SUPREME COURT OF VICTORIA, APPEAL DIVISION

Justice MURPHY, Justice O'BRYAN, and Justice MCDONALD

Product liability — Duty to warn — Extent of risk — Use of tampons allegedly resulting in toxic shock syndrome — Whether relationship existed between use of tampons and development of toxic shock syndrome — Whether warning of risk reasonably required in Australia in 1980 — Duty of care — Whether manufacturer and distributor of tampons negligent in failing to provide warning labels, advertisements in media or to write to medical practitioners — Relevance of Health Department policy