In Ebert v. C.R. Bard, the United States Court of Appeals for the Third Circuit determined that Pennsylvania state law is unclear on two issues of medical device liability, and sent the issues to the Pennsylvania Supreme Court for review.

In Ebert, a G2 clot filter made by Bard was placed into the plaintiff’s inferior vena cava. Although the filter was set to be removed after three years, it could not be removed because one of its struts broke, grew into the vein wall and was caught in the plaintiff’s pulmonary artery. Thus, the plaintiff was forced to undergo a procedure to remove the filter. The plaintiff then brought suit, alleging negligent design and strict liability. Continue Reading Third Circuit Sends Questions Regarding Medical Device Liability to Pennsylvania Supreme Court for Review

In a product liability case where a manufacturer is defending a claim that a product it designed was defective and the cause of a plaintiff’s injury, the manufacturer may attempt to introduce evidence at trial showing its product was manufactured in accordance with applicable industry standards.  Proof that the product was designed in accordance with industry standards, in some instances, can establish that the product was built with the latest technological advancements being used by other manufacturers in the marketplace. Continue Reading Despite Tincher, Pennsylvania Superior Court Determines “Industry Standards” Is Still Not a Viable Defense to Product Liability Claims

The SCOTUS decision in Ford Motor Company v. Montana Eighth Judicial District Court[1] is a decision that we believe will alter the legal landscape in the defense of product liability matters with respect to the personal jurisdiction defense. We have reported on this case in prior posts (see The Law of Personal Jurisdiction Is About to Be Changed Again – What Life Science Companies Should Expect), and now that a decision has been handed down by the SCOTUS, we would like to share some of our thoughts on how we believe the decision will impact the defense of life science companies in product liability litigation throughout the United States. Continue Reading The SCOTUS Decision in Ford v. Montana and Its Impact on the Defense of Life Science Companies

On March 25, 2021, the United States Supreme Court issued its latest decision on personal jurisdiction in the context of two product liability lawsuits involving Ford Motor Company in the matter of Ford Motor Company v. Montana Eighth Judicial District Court et al. Continue Reading SCOTUS Slams the Brakes on Ford’s Personal Jurisdiction Defense

Acting within the context of the COVID-19 pandemic’s unique opportunity for permanent reform, the Administrative Board of Courts in New York, through the state’s Chief Administrative Judge Larry Marks and his Order of December 29, 2020, enacted new Uniform Rules in the Supreme and County courts that will permanently change discovery, motion practice, pre-trial procedures and other aspects of civil litigation in the state. Effective February 1, 2021, some of these changes will impact personal injury litigation in general, and products liability cases in particular. Continue Reading New Rules Bring Big Changes to New York Practice