Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB) (14 July 2023)

Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB) (14 July 2023)

The threshold for a GLO is met as there are approximately 200 claimants with common or related issues of fact or law regarding the alleged defectiveness of the Essure device. Collective case management via a GLO is the most effective and proportionate method to manage the claims justly and at proportionate cost.

Citation
[2023] EWHC 1792 (KB)
Parties
Applicants/claimants: Karen Louise Tongue and 177 others; First Respondent/defendant: Bayer Public Limited Company; Second Respondent/defendant: Bayer Pharma (AG); Third Respondent/defendant: NHS Indemnified Bodies; Fourth Respondent/defendant: Cardiff and Vale University Health Board; Fifth Respondent/defendant: Swansea Bay University Health Board; Sixth Respondent/defendant: Betsi Cadwaladr University Health Board
Jurisdiction
England and Wales
Judgment Date
14 July 2023
Procedural Posture
Application for Group Litigation Order (glo) / Judgment on GLO Application
Outcome
Application for Group Litigation Order granted, subject to approval by the President of the King's Bench Division.
Legal Topics
Defective Medical Devices, Group Litigation Order, Consumer Protection Act 1987, Clinical Negligence
Product Liability Medical Law Civil Procedure Defective Medical Devices Group Litigation Order Consumer Protection Act 1987 Clinical Negligence

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Parties

Karen Louise Tongue and 177 others

Applicants/claimants

Bayer Public Limited Company

First Respondent/defendant

Bayer Pharma (AG)

Second Respondent/defendant

NHS Indemnified Bodies

Third Respondent/defendant

Cardiff and Vale University Health Board

Fourth Respondent/defendant

Swansea Bay University Health Board

Fifth Respondent/defendant

Betsi Cadwaladr University Health Board

Sixth Respondent/defendant

Procedural Posture

Application for Group Litigation Order (glo) / Judgment on GLO Application

Legal Issues

  1. 1 Whether the threshold for a Group Litigation Order (GLO) is met under CPR 19.21 and 19.22
  2. 2 Whether the Essure contraceptive device was defective under section 3 of the Consumer Protection Act 1987
  3. 3 Whether collective case management via GLO is the most effective and proportionate method

Ratio Decidendi

The threshold for a GLO is met as there are approximately 200 claimants with common or related issues of fact or law regarding the alleged defectiveness of the Essure device. Collective case management via a GLO is the most effective and proportionate method to manage the claims justly and at proportionate cost.

Court Disposition

Application for Group Litigation Order granted, subject to approval by the President of the King's Bench Division.

Orders

  • Recommend that the President of the King's Bench Division makes a GLO in the agreed terms.
  • Terms of the GLO, list of GLO issues, and Schedule of Information approved with minor amendments.