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King’s Inns BL · Law of Tort · 2024 · Question 4

2024 Question 4 — LawShortcut Independent Model Answer

Defective Heart Valve · Product Liability · Medical Negligence

Independent LawShortcut model answer. Independently authored by LawShortcut for exam preparation, based on a LawShortcut summary of the publicly available King’s Inns examination question. LawShortcut is independent of, and not affiliated with or endorsed by, The Honorable Society of King’s Inns.
Official source: King’s Inns Barrister-at-Law Entrance Examination — Tort — 2024 — Question 4. View the official King’s Inns examination paper for the exact question wording →
25 marksProblem (ILAC)

Scenario summary

In July 2023, Mr A is referred by his GP, Dr B, to a cardiologist, Mr C, who has 25 years' experience. C advises a Chinese-manufactured TAVR aortic valve that had come to market in June 2022 and was in use internationally. Heart Parts Ltd, an importer based in Ireland, had brought in 1,000 of these valves from China in December 2022.

In December 2023, research in the United States finds that the valve degrades over time and is linked to unexplained fatal heart attacks; the findings appear in print in January 2024. Neither C nor Heart Parts becomes aware of the article. A receives his valve in January 2024, and by March 2024 he suffers catastrophic coronary failure, ending up on life support and unable to work.

Candidates are asked to advise A on his tort claims, the defendants, and quantum.

This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.

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