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Gr Against (first) Greater Glasgow And Clyde Health Board And (second) Johnson And Johnson Medical Limited

Judgment Cited authorities 7 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeLord Boyd of Duncansby
Neutral Citation[2018] CSOH 109
Docket NumberA300/14
Date27 November 2018
CourtCourt of Session
Published date27 November 2018
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 109
A300/14
OPINION OF LORD BOYD OF DUNCANSBY
In the cause
GR
Pursuer
against
(FIRST) GREATER GLASGOW AND CLYDE HEALTH BOARD AND
(SECOND) JOHNSON AND JOHNSON MEDICAL LIMITED
Second Defenders
Pursuer: Milligan QC, Connolly; Lefevres
First Defender: No Appearance
Second Defender: Currie QC, Smart, Paterson; Clyde & Co (Scotland) LLP
27 November 2018
[1] This is another of a large number of cases involving vaginal mesh products. I heard
a debate in four related actions in December 2017 (AH v Greater Glasgow Health Board [2017]
CSOH 57). Two of these cases involved Johnson & Johnson Medical Limited (Johnson &
Johnson), the second defenders in this action. In both cases the pursuer’s case against
Johnson & Johnson was based on an alleged breach of the Consumer Protection Act 1987
and a breach of their common law duty of care to the pursuer. After Mr Currie, who
appeared for Johnson & Johnson in that debate, had spoken Mr Milligan informed the court
that he no longer insisted on the common law case. In due course I allowed a proof before

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