Facts
The then 16-year-old [C.] (Plaintiff, Appellant) suffered a bilateral pulmonary embolism and severe brain damage on March 20, 2008, which she attributes to an adverse side effect of the contraceptive pill "Yasmin". "Yasmin" is imported and distributed by [D. AG] (Defendant, Respondent). The Plaintiff demanded compensation of CHF 5.33 million and satisfaction of CHF 400,000 from the Defendant. The District Court and the High Court of the Canton of Zurich dismissed the claim. Both the Plaintiff and the Intervening Parties (Insurers [A. AG] and [B. AG] ) filed appeals against these judgments with the Federal Supreme Court.Considerations
The Federal Supreme Court states that "Yasmin" as a medicinal product for hormonal contraception requires authorization by Swissmedic. The marketing authorization holder must clinically test the product for its therapeutic efficacy and safety and prepare a medicinal product information that complies with the legal requirements. The patient information relevant for the present case from 2007 pointed to a slightly increased risk of blood clot formation in veins and arteries, which can lead to partly severe health damage. The professional information for physicians also contained corresponding warnings. The Federal…