As the pharmaceutical industry in the UK continues to innovate, it also faces mounting legal exposure. From group litigation orders (GLOs) to product liability claims, the volume and complexity of mass torts are accelerating. Legal leaders must now manage millions of documents across clinical trials, patient interactions, and marketing campaigns—all while maintaining defensibility and consistency.
Why UK Pharma Faces Growing Mass Tort Exposure
The Courts of England and Wales are seeing a surge in group actions, particularly through GLOs and opt-out collective proceedings. While the latter are currently limited to competition law breaches, there is growing political momentum to expand their scope to consumer and environmental claims. For pharmaceutical companies, this means that product liability risks—once isolated—are now increasingly collective and systemic.
Regulatory bodies such as the MHRA and the General Pharmaceutical Council are tightening oversight. The Consumer Protection Act 1987 imposes strict liability for defective products, and recent litigation has shown that regulatory approval does not shield manufacturers from civil claims. As scrutiny intensifies, pharmaceutical companies must prepare for litigation not just from regulators, but from coordinated claimant groups.
The Document Challenge: Clinical Trials, Complaints, and Marketing
Mass torts in pharma often hinge on three critical data domains:
-
Clinical Trial Data: Includes protocols, adverse event reports, investigator communications, and ethics board approvals.
- Patient Complaints: Spanning call centre logs, email correspondence, and social media interactions.
-
Marketing Records: Encompassing promotional materials, sales training documents, and internal strategy memos.
Predictive Coding and Managed Review in Product Liability Litigation
Traditional linear review is no longer viable. Predictive coding—also known as technology-assisted review (TAR)—uses machine learning to identify relevant documents based on patterns learned from a sample set. This dramatically reduces the volume of documents requiring manual review while improving accuracy.AI tools can also:
- Flag inconsistencies in adverse event reporting.
- Detect duplicative marketing claims across jurisdictions.
- Identify custodians with high volumes of responsive content.
These capabilities are especially valuable in cross-border disputes, where data privacy laws vary and defensibility is paramount.
Case Study: Global Opioid and Vaccine Litigation
The global opioid crisis has led to extensive litigation, including unresolved cases in the UK involving distributors and pharmacies. Similarly, disputes over mRNA vaccine safety—particularly long-term effects—are emerging as a new frontier in mass torts. While many claims originate in the US, UK pharmaceutical companies are increasingly named in cross-border actions or face reputational fallout from global proceedings.
These cases underscore the need for defensible workflows. In both opioid and vaccine litigation, courts have scrutinised internal communications, marketing strategies, and adverse event data. Companies with robust eDiscovery protocols and managed review processes have been better positioned to respond swiftly and credibly.
Managed Review: Consistency at Scale
Managed review ensures that large-scale document reviews are consistent, defensible, and cost-effective. Key benefits include:
- Uniform Coding Standards: Ensures that privilege, responsiveness, and confidentiality are applied consistently.
- Scalable Teams: Enables rapid ramp-up for urgent reviews without sacrificing quality.
- Quality Control Protocols: Includes sampling, audit trails, and escalation procedures to maintain defensibility.
Final Thoughts
Mass torts and product liability claims are reshaping the legal landscape for UK pharma. With millions of documents in play, legal leaders must embrace AI-driven eDiscovery and managed review to stay ahead. At TrustArray, we empower pharmaceutical companies with defensible workflows that withstand regulatory scrutiny and litigation pressure.
Sources:
Product Liability & Mass Tort Monitor: June 2025Drug & Medical Device Litigation Laws and Regulations Report 2025 – England & Wales
Outlook and Predictions for Major Mass Tort Litigation in 2025
.jpg?width=400&name=iStock-2187852614%20(1).jpg)