Medical Companies Sued Over Product Deficiency in Medical Mesh lawstreetmedia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lawstreetmedia.com Daily Mail and Mail on Sunday newspapers.
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Today s case originated in the pelvic mesh MDL pending in
the Southern District of West Virginia. Approximately one
year ago, the matter was transferred to plaintiff s home
jurisdiction in Florida. Accompanying the case upon transfer
was defendant s motion for partial summary judgment on four
of plaintiff s claims. Plaintiff abandoned three of
those claims (strict liability manufacturing defect, breach of
express warranty, and breach of implied warranty), leaving only
plaintiff s failure to warn claim to be decided
by
Swintelski v. American Medical Systems, Inc., F.Supp.3d , 2021 WL 687202 (S.D. Fla. Feb. 22,
When Can Hospitals Be Subjected to Strict Product Liability? The Connecticut Supreme Court Is Mulling It Over. Wednesday, December 16, 2020
Only a “product seller” can be held liable under the Connecticut Product Liability Act (“CPLA”). The CPLA defines a “product seller” as “any person or entity, including a wholesaler, distributor or retailer who is engaged in the business of selling such products whether the sale is for resale or for use and consumption.” Conn. Gen. Stat. § 52-572m(a). Thus, drug and medical device manufacturers are typically named as defendants in an action where the plaintiff alleges, for example, that a failure to warn has rendered a drug or medical device defective, because the manufacturers are “in the business of selling such products.” But are hospitals? That is the question currently facing the Connecticut Supreme Court in