Wednesday, July 17, 2019

Does Pennsylvania Recognize Strict Liability Claim for Manufacturing Defect of a Prescription Medical Device?


In the case of Rosenberg v. C.R. Bard, Inc., No. 18-4767 (E.D. Pa. June 25, 2019 Robreno, J.), a products liability pelvic mesh lawsuit, a federal district court noted a need for guidance from the Pennsylvania Supreme Court on a recurring issue in strict liability cases.

In his Opinion, Judge Eduardo C. Robreno noted that he was “presented with an important question of state law that has often been raised but has effectively evaded review by the Pennsylvania Supreme Court:  does Pennsylvania law recognize a strict liability claim for a manufacturing defect of a prescription medical device?”

Judge Robreno predicted “that the answer to this question is ‘no.’”  

However, given the growing debate by trial courts regarding this issue, he certified the issue to the Third Circuit Court of Appeals.

In addition to certifying the issue to the Third Circuit, Judge Robreno dismissed the Plaintiff’s strict liability claims with prejudice, but allowed her to refile her negligence claims.

Anyone wishing to review this decision may click this LINK.

Source:  Article:  “Federal Judge Highlights Lack of Pa. Precedent on Medical Device Strict Liability” by P.J. D’Annunzio of the Legal Intelligencer (June 26, 2019).

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