Liability in desensitization accidents

Deaths that occur during the course of desensitization treatment are regularly analyzed in penal or civil investigations. Abnormal activity of an allergenic extract may also be the cause of the incident, but it is difficult to prove. Today the burden of proof is being reversing in favor of the patient because the legal requirements for drug producers are more specific. Liability to injury and liability of the product are discussed with regard to the legal situation in the Federal Republic of Germany and in Austria. In any case, there is a considerable gray area regarding liability for incidents during desensitization treatment. Because safer medicines are required today, the author is proposing that the duty to notify be intensified by the requirement that mild systemic reactions also be reported to a central registry.