Matti Urho, ‘Compensation for Drug-Related Injuries’

The purpose of this article is to answer the following question: What are the qualifications required of a viable compensation scheme for drug-related injuries in the future? To answer this question the no-fault systems in four Nordic states are examined and compared to other systems fully or partially arranged on no-fault principles in Europe and outside Europe. Sweden, Norway, Denmark and Finland all operate similar no-fault schemes with minor differences. (The fifth Nordic Country, Iceland, is not operating a separate drug insurance scheme, but drugs are dealt under the general product liability regulations and that is why Iceland is not discussed in this context.) These schemes have helped avoid expensive and time-consuming court proceedings usually required when liability law is applied. By examining especially the viability and qualifications of the Finnish compensation scheme operated over the past 30 years some key qualifications for an optimal scheme can be identified. The conclusions drawn then are that this kind of a no-fault compensation system could well be recommended across the EU for an alternative mechanism for resolving drug-related injury compensation cases. For a future compensation model the author proposes a mix of the Nordic, the Japanese and the French models.

Matti Urho, Compensation for Drug-Related Injuries (2018) 26 European Review of Private Law, Issue 4, pp 467–514.

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