In January 2003 the Therapeutic Goods Administration (TGA) issued an Urgent Class 1 recall of certain batches of the over-the-counter travel sickness tablet Travacalm. The tablets were recalled after reports of a number of adverse reactions suffered by persons who had consumed the tablets. Those reactions included hallucinations, fainting, nausea, loss of muscle control and motor skills. Subsequent testing by the TGA found that some tablets contained substantially higher doses of the active ingredient than the label indicated.
The Action
On 2 May 2003 Maurice Blackburn issued a class action in the Supreme Court of Victoria seeking damages on behalf of named group members who consumed Travacalm tablets and suffered injury.
Settlement
The Statement of Claim alleged that the tablets were defective, were of unmerchantable quality and were unfit for purpose.
In August 2005 the Supreme Court approved a Settlement Agreement which provided for the assessment of group member claims and for the payment of damages. Settlement monies were paid in 2006.
As a result of the class action 100 victims received compensation for their injuries.
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