The legal framework for product liability in Panama. Prepared in association with AFRA, a leading global law firm, this is an extract from The Pharma Legal Handbook: Panama, available to purchase here for USD 99.
1. What types of liability are recognized in your jurisdiction?
Contractual and extracontractual responsibility. These can be administrative, civil or criminal sanctions.
2. How do these types of liabilities apply to the manufacturers of medicines and devices?
In general terms, manufacturers, promoters, sellers and all persons who have participated in one way or another up to the commercialization of the products are liable. Therefore, administrative, civil or criminal sanctions may be applied.
3. Does potential liability extend to the manufacturer only or could claims extend to corporate executives, employees, and representatives?
Will depend on the type of liability claimed. The executives, employees, and representatives can be liable due contractual or extracontractual responsibility.
Please see attachment No. 7 Spanish version Dietilenglicol case.
4. How can a liability claim be brought?
Claims before the Panamanian Civil and Criminal Courts of Justice by government, individuals or competitor.
5. What defenses are available?
Depending on the type of infringement or the claim (i.e. bad use, bad storage, breach of the provisions of the law, the agreement signed, consent).