Venter v Roche Products (Pty) Ltd (A11/2014) [2014] ZAWCHC 157 (22 October 2014)

Venter v Roche Products (Pty) Ltd (A11/2014) [2014] ZAWCHC 157 (22 October 2014)

The court found that the appellant failed to establish the existence of a tacit agreement between himself and the respondent regarding compensation for trial-related injuries. The evidence showed that the compensation undertaking was expressly given by FHLR, the Swiss sponsor, as set out in the informed consent documentation. The respondent acted as a local agent or contract research organisation and did not assume liability for compensation beyond direct medical costs, which were subject to FHLR's approval and reimbursement. The appellant's own evidence indicated indifference to the identity of the compensating party and did not support the inference of consensus with the respondent. The...

Citation
[2014] ZAWCHC 157
Parties
Appellant: Petrus Albertus Venter; Respondent: Roche Products (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 October 2014
Case Number
A11/2014
Procedural Posture
Civil Appeal / Appeal From Dismissal of Claim; Leave to Appeal Granted by SCA on Issue of Tacit Agreement
Outcome
Appeal dismissed.
Judges
Bozalek, Dlodlo, Schippers
Legal Topics
Tacit Contract, Clinical Trial Liability, Compensation for Trial Injury, Contractual Consensus, Medical Ethics Guidelines
Commercial and Corporate Delict Tacit Contract Clinical Trial Liability Compensation for Trial Injury Contractual Consensus Medical Ethics Guidelines

Case Brief

Summary, issues, holding and outcome

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Parties

Petrus Albertus Venter

Appellant

Roche Products (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Claim; Leave to Appeal Granted by SCA on Issue of Tacit Agreement

Legal Issues

  1. 1 Whether a tacit agreement existed between the appellant and the respondent regarding compensation for trial-related injuries.
  2. 2 Whether the respondent, as local sponsor or agent, undertook liability for compensation beyond direct medical costs.
  3. 3 Whether the informed consent documentation and regulatory guidelines imposed a legally enforceable obligation on the respondent.

Ratio Decidendi

The court found that the appellant failed to establish the existence of a tacit agreement between himself and the respondent regarding compensation for trial-related injuries. The evidence showed that the compensation undertaking was expressly given by FHLR, the Swiss sponsor, as set out in the informed consent documentation. The respondent acted as a local agent or contract research organisation and did not assume liability for compensation beyond direct medical costs, which were subject to FHLR's approval and reimbursement. The appellant's own evidence indicated indifference to the identity of the compensating party and did not support the inference of consensus with the respondent. The...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • No order as to costs, as the respondent waived its claim for costs on appeal.