Aya N. Z. The Civil Liability of a Pharmaceutical Company Representative in Compensation for Consequential Damage (a comparative study)

Abstract

The harm sustained by the primary user of a pharmaceutical product, being the directly aggrieved party, may have reverberating effects on other persons who suffer damage by rebound and with whom the said user maintains a specific connection—most commonly a familial or financial bond. Under certain conditions, the law grants such persons the right to claim compensation for the material or moral damage they have sustained by rebound, arising from the injury or death of their relative who is the primary aggrieved party.

The indirectly aggrieved parties shall have the right to bring an action against the representative of the pharmaceutical company on whose behalf he acts, seeking compensation for moral damage on the basis of tortious liability (extra-contractual liability) rather than contractual liability, in the event of injury to or death of their relative. This is predicated on the fact that the indirectly aggrieved parties have no contractual relationship whatsoever with the representative of the pharmaceutical company who is responsible for the harmful act.

The court may, in its discretionary authority to assess the extent and gravity of the damage, award compensation to the indirectly aggrieved parties, provided that the requisite conditions for such compensation are met.