Vol. 441 No. 3
16 Mr. Creed asked the Minister for Health whether general practitioners can be assured that they are fully indemnified against claims arising from the use of generic or other drugs; and if he will make a statement on the matter.
As the Deputy will be aware, all drug products marketed in this country must hold a product authorisation, issued on the recommendation of the National Drugs Advisory Board, which attests to the quality, safety and efficacy of the product.
The Liability for Defective Products Act, 1991, which is administered by my colleague, the Minister for Enterprise and Employment, provides that a "producer", as defined by the Act, is liable for damages in respect of personal injury or damage to property caused by a defective product.
Under the provisions of the Act, general practitioners are not considered as producers, and are, therefore, not liable for damages arising from defective generic or other drugs. The question of indemnity for general practitioners in this context, therefore, does not arise.
