Published on: 22 April 2024
Published by a LexisNexis Life Sciences expert
In March 2024, the independent review into equity in medical devices, led by Professor Dame Margaret Whitehead, released its much-anticipated final report (see: LNB News 11/03/2024 90), setting out wide-ranging proposals to confront present and future risks of bias in devices on the UK market. At the same time, the government published a policy paper responding to those proposals. Here, we consider several themes arising from the Report and the government’s response (the Response).
In 2021, the Department of Health and Social Care (DHSC) commissioned an independent ‘equity in medical devices’ review to examine potential systemic bias affecting devices used in the UK. The immediate catalyst was concern about pulse oximeters—widely relied upon during the coronavirus (COVID-19) pandemic to measure blood oxygen saturation—and whether readings were accurate in patients with darker skin tones. Once underway, the scope widened beyond oximeters to three categories of devices considered ‘particularly prone to racial, ethnic or other unfair biases’:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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