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. 
