Corporate Manslaughter: Food for Thought for GSK

I'm sure GlaxoSmithKline and their legal team are well aware of the implications they face if they lose the current UK litigation. If the presiding Judge rules in favour of the claimants and deems Seroxat a defective drug under the terms of the consumer protection act then the floodgates could possibly open and they could be up on a corporate manslaughter charge. It's not beyond the realms of comprehension is it?

The Corporate Manslaughter and Corporate Homicide Act 2007 came into effect in the UK on 6th April 2008. According to the act an offence is when:

(1)An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised

(a) causes a person’s death, and

(b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

Can we safely assume that GlaxoSmithKline would be deemed as causing this offence if found guilty of manufacturing a defective drug under the consumer protection act?

I'm not a lawyer but if I had lost a family member through suicide and that suicide leaned toward GlaxoSmithKline's Seroxat then it would certainly be worth pursuing a corporate manslaughter charge if Seroxat was deemed defective.

I'm sure many lawyers are keeping a close eye on the outcome of the UK litigation... or maybe I'm wrong?

Fid

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