Tort liability of xenotransplantation centers.

Triller, Katja; Bobinski, Mary-Anne

BACKGROUND In the view of future clinical trials, defining possible legal theories under which xenotransplantation center could be held responsible for any adverse effect on public health is becoming increasingly important. METHODS In order to better define the tort liability of xenotransplantation center, we reviewed the existing cases and statutes on tort and public health law. RESULTS Xenotransplantation center could be sued under various tort actions, including negligence, public nuisance or strict liability for ultrahazardous activity. Prerequisites for each legal action are discussed and possible scope of tort liability is addressed. CONCLUSION The promotion of positive public perception and the development of appropriate insurance system could prevent future class actions to succeed in abating the xenotransplantation industry.