Monday, March 14, 2022

Eastern Federal District Court Rules That PA Law Does Not Allow for Strict Liability Claims Against Manufacturers of Medical Devices

In the case of McDonald v. Flowonix Medical, Inc., No. 21-1404 (E.D. Pa. Jan. 25, 2022 Tucker, J.), the court granted in part and denied in part a Motion to Dismiss in a products liability case involving a medical device.  In this case the device was a programmable infusion pump and catheter.

The court in this case found that Pennsylvania law does not allow for strict liability claims against manufacturers of medical devices. The court noted that, under the Restatement (Second) of Torts §402A, comment k applied across the board to bar all strict liability claims against prescription medical products, both drugs and medical devices.  Judge Tucker offered her prediction that, if faced with this issue, the Pennsylvania Supreme Court would extend comment k to prescription medical device cases to find that there is no valid claim for strict liability in that regard.

The court additionally found that the Plaintiff failed to plead any fact to supporting the express warranty claim and also failed to attach any written warranty to the Complaint.

The court additionally found that the claim of a breach of implied warranty was a form of a prohibited strict liability claim under the facts and circumstances presented in this case.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck from the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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