This preliminary ruling deals with the conditions for an exemption from liability for defective products pursuant to Directive 85/374/EEC.
The plaintiff, Mr Veedfald, was due to undergo a kidney transplant operation at a hospital. After a kidney had been removed from the donor, in this case Mr Veedfald's brother, the kidney was prepared for transplantation through flushing with a perfusion fluid designed for that purpose. This fluid proved to be defective and a kidney artery became blocked during the flushing process, making the kidney unusable for any transplant. The fluid had been manufactured in the laboratories of the dispensary of another hospital, and prepared with a view to its use in the hospital. The defendant is owner and manager of both hospitals. Relying on the Danish product liability law, Mr Veedfald claimed damages from the defendant.European Review of Private Law