Broken Trust: Product Liability for Medicines and Medical Devices

05 October 2026

When a medicine or medical device causes harm, determining who is legally responsible is rarely straightforward. Unlike ordinary consumer products, pharmaceuticals and medical devices involve complex questions of causation, regulation, medical judgment and delayed harm.

In 2026, product liability for medical products is entering a significant period of change across the United States, European Union, United Kingdom and India. From evolving mass-tort litigation in the US to major reforms in the EU, a review of the UK’s long-standing product safety framework and India’s proposed overhaul of its drugs and medical-device regime, the legal landscape is shifting rapidly.

Our latest publication examines these developments comparatively, exploring how each jurisdiction approaches defective medicines and medical devices, manufacturer liability, regulatory compliance, causation and access to remedies.

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