NDUKWE-ANYANWU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the Federal High Court, sitting at Lagos State delivered on 18 November 2011 by Hon. Justice S. J. Adah.
The facts briefly stated are as follows:
Sometime in September 2009, the plaintiff/respondent travelled to Burkina Faso for his regular medical consultation with his physician, Prof. Nebie, who prescribed for him a drug known as Zyloric. The drug was/is manufactured by the defendants/appellants. Shortly after he began taking the prescription, he developed adverse reactions to the drug and as a result was hospitalised in Burkina Faso and was later transferred to another hospital in Abidjan for intensive care and further to Wellington Hospital, London. He was diagnosed with Steven-Johnson Syndrome usually caused by an allergic reaction to allopurinol. It was alleged that Zyloric produced by the appellants, contained such chemical substance. However, the appellants did not disclose in the inf…