Pennsylvania Medical Device Strict Liability Claims: Relentless Repetition, Clamoring for Review
By EsqSocial Corporation 29/06/21
A Pennsylvania federal court has again asked that the state’s Supreme Court clarify whether, and to what extent, medical device manufacturers are immune from strict liability claims by virtue of the “unavoidably unsafe products” exemption recognized in Restatement (Second) of Torts Sec. 402A cmt. k (“Comment k”)—only this time with a direct certification. On Thursday, the Third Circuit Court of Appeals certified that question to the Pennsylvania Supreme Court, along with a question about...
By: Faegre Drinker Biddle & Reath LLP