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LIABILITY FOR DEFECTIVE MEDICAL DEVICES

Bryant & Carson, P.C. Nov. 4, 2015

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.