What do we want from medical technology, and how can we get it?

The complexity of the regulatory framework and the impact of a small number of high-profile failures, notably the PIP breast implant scandal, have led to widespread misunderstanding among heath-care professionals and patients alike regarding the regulation of medical devices. This policy brief addresses a series of interrelated questions on how regulatory reform in the European Medical Devices sector should proceed.

This report examines the significant changes to the European legal system in recent years – including the increasing role of alternative dispute resolution (ADR), Consumer ADR (CDR), ombudsmen, and regulatory redress as alternatives to litigation and collective actions – and assesses to what degree these approaches could be adopted in China.

This policy brief reports on the main conclusions from an international conference held at Wolfson College, Oxford, at which representatives from seven governments, ombudsmen, and academic experts assessed efforts to implement new dispute resolution mechanisms across EU Member States. 

There is a consensus in Europe that collective action mechanisms need to include correct safeguards in order to prevent abuse. This policy brief gives an overview of the main types of safeguards that are found in collective judicial procedures. It draws on extensive research into class action and collective redress laws across the world.

Four consequences need to be understood in forming policy on collective actions: