Devices / products:
- The insured is a manufacturer of dental mirrors. There is a fault in the manufacture of the mirrors which results in the mirrors shattering easily. A mirror shatters in the mouth of a patient during examination, resulting in physical and psychological damage to the claimant. The patient pursues a claim against the manufacturer alleging that their injuries were sustained as a result of an inherent product defect.
- A patient alleges that use of the insured’s manufactured eye drops has caused pain in their eye and a deterioration of vision in the affected eye. As a result of use of the eye drops, the patient sustains damage subsequently requiring ophthalmic surgery. The patient pursues a claim for damages including the cost of restorative surgery and loss of earnings.
- A phase I trial for a new hearing aid resulted in headaches and tinnitus being suffered by seven of the ten trial participants within several hours of use. The participants experienced a range of additional symptoms including severe skin irritation. Claims are subsequently made under the no-fault compensation scheme. Compensation payments are made to those participants who suffered damage and loss as a result of participation in the trial.