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The product liability standard for medical device design defect depends, in part, on whether the device is implanted. Implanted medical devices are also exempt from strict liability for design defect. This article explores the genesis of the exemption from strict liability granted by case law to implanted medical devices and suggests arguments that a non-implanted prescription medical device defendant may make when faced with the question of what liability test should apply.
July 12, 2004 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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