Abstract: The present paper presents an analysis of the legal situation concerning claims for liability for damage caused by the exposure to a defective drug in utero from the point of view of Spanish law. In contrast with other jurisdictions, proof of the causal link between such exposure and damage has not been a major hurdle for liability to be established. However, doubts as to the applicability of the development risk defence have been raised before the Spanish courts. Moreover, claims have been filed against the producer as well as the public authorities. At any rate, the number of claims is very small.
European Review of Private Law