Liability For Defective Medical Devices

On July 20, the Western District of Pennsylvania ruled in Cogswell v. Wright Medical Technology that the plaintiff’s strict-liability defect claims related to his hip implant were barred.  Although there are no Pennsylvania Supreme Court cases on point, the Federal Court held that Pennsylvania courts would not allow a claim based on the legal theory that the product malfunctioned.  This ruling makes it difficult for injured patients to recover when medical implants fail under normal use.

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