Wednesday, July 7, 2021

Third Circuit Court of Appeals Certifies Medical Device Products Liability Questions to the Pennsylvania Supreme Court For a Decision



In the case of Ebert v. C.R. Bard, No. 20-2139 (3d Cir. 2021), the Third Circuit Court of Appeals certified two issues of medical device products liability to the Pennsylvania Supreme Court for a decision.

The court sent the following two issues to the Pennsylvania Supreme Court: (1) what standard the Pennsylvania Supreme Court would apply to negligent design claims against prescription medical device manufacturers, and (2) whether prescription medical device manufacturers are categorically subject to strict liability under Pennsylvania law or may instead be immune from strict liability in certain circumstances.

Anyone wishing to review a copy of this Petition for Certification authored by the Third Circuit Court of Appeals may click this LINK.


Source of image: Photo by Hush Naidoo on unsplash.com.



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