Coronavirus and civil procedure: Particularities of drug liability trials (in Germany)

As shown in our article series “Coronavirus and civil procedure”, courts are more and more frequently allowing video hearings in civil proceedings, conducting digital hearings in international court proceedings or using written proceedings as a practical alternative? – (in German) to cope with the large number of future and summarily postponed oral hearings. See also our other articles on emergency judicial relief in times of COVID-19 in Germany, arbitration proceedings and oral hearings in times of COVID-19 (in German) and preservation of evidence in times of coronavirus.

The COVID-19 pandemic is also leading to difficulties in drug liability trials, especially because of the particularities of this type of proceedings. In drug liability trials, courts tend to rely on the expertise of external experts, such as physicians and pharmacists, more frequently than in other types of civil proceedings. Their specialist knowledge is often required in order to reconstruct medical histories and explain causal links, for example.

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