Personal Injury • Implant Surgery
Smith v. Howmedica Osteonics Corp., PICS Case No. 17-0808 (E.D. Pa. April 27, 2017) (memorandum) Beetlestone, J. (16 pages).
Plaintiff, allegedly injured by a defective prosthetic implant, brought a products liability case against the manufacturer and designer of the implant, defendant moved for dismissal and the court predicted that the Pennsylvania Supreme Court would not bar strict liability or implied warranty of merchantability claims asserting manufacturing defects against medical device manufacturers under Comment k to §402A of the Restatement (Second) of Torts but did dismiss the claims to the extent they asserted a design defect. Motion to dismiss granted in part and denied in part.
