Medical Product Liability

Baroness Sugg Excerpts

Wednesday 16th October 2024 Lords Chamber

Asked by

[Baroness Sugg]

To ask His Majesty’s Government whether they plan to raise the statutory limitation period for bringing a claim for medical product liability from 10 years to 20.

[The Parliamentary Under-Secretary of State, Department for Business and Trade and Department for Science, Information and Technology (Baroness Jones of Whitchurch) (Lab)]

My Lords, our sympathies remain with those affected by faulty medical devices, and I pay tribute to the campaigners on these issues. The UK product liability legislation has been in place since 1987. My department is undertaking a review of this legislation and we will set out next steps in due course. Following this review, should we believe that changes are necessary, we will bring forward the necessary primary legislation to ensure that it remains up to date and fit for purpose.

[Baroness Sugg (Con)]

My Lords, tens of thousands of women have been impacted by defective medical devices, such as certain contraceptive or breast implants or vaginal mesh. Men are impacted too through hernia mesh and hip replacements. The current 10-year statutory limit starts from the moment of manufacture, not use. Symptoms may take many years to become known, and that can be compounded by frequent misdiagnosis. Of course, we need to ensure that new and innovative products reach market, but the current limit means that many people are simply timed out of making claims for often life-changing impacts from faulty products. I am really pleased to hear the Minister confirm that this will be reviewed. As part of the review, can the Minister agree to meet campaigners from the Raise the Limit campaign to discuss this further?