Study On Legal Responsibility For ADR And Relief System

Using drug has been one of the main methods of preventing, treating, and diagnosing disease of human body. However, the characteristics of drug-itself make it having side effects. Because of the limit of the development of science and technology and the differences of individuals, it is inevitable for drug to play a role in preventing, treating, and diagnosing disease with the ADR (Adverse Drug Reaction) happening. Especially, with the rapid development of medicine industry and the new medicine coming into the market continually, it becomes more serious that drug itself brings about adverse reaction and harmful consequence. The thalidomide event in the late 1950's is a good case. Thalidomide, regarded as an ideal drug prescribed to pregnant women to combat symptoms associated with morning sickness, was found as the prime criminal to result in horrific birth defects in thousands of children around the world. In addition, cold products, containing the active ingredient PPA, was widely used a few years before and now it were yanked from pharmacy shelves in many countries. Because people found that these cold medicines could lead a series of diseases easy such as hypersusceptibility, arrhythmia and hypertension, even cause acute kidney decline and hemorrhagic apoplexy when it is serious. These grievous ADR events brought great harm to sufferers. So economic compensation and ADR legal responsibility, caused by these harm, gives rise to a lot of medical tangles.Who is liable for ADR? Whether the harmful consequences should have been relieved? Or what is the relief range and in what way to relieve? All of these issues need to be judged and decided by law. But our existing law system makes neither provision for the legal responsibility for ADR nor provision for the corresponding relief system. The victims, harmed by ADR, can not get any compensation. This paper introduced the concept of ADR, analyzed the causes and legal responsibility, and discussed the relevant relief system. All these work provide fundamental basis for establishing the system of relief. In reality, it is of great significance to protect the consumers, damaged by the ADR.