3rd Cir. Certifies Questions of Strict Liability, Negligence, to Pa. High Court in IVC Filter Case
July 1, 2021
PHILADELPHIA — A 3rd Circuit U.S. Court of Appeals panel has asked the Pennsylvania Supreme Court to clarify whether, and to what extent, makers of prescription medical devices are shielded from liability for strict liability claims pursuant to the “unavoidably unsafe products” exemption in Restatement (Second) of Torts Sec. 402A comment k.
In a June 24 opinion, the appellate panel also asked the Pennsylvania high court to resolve the question of whether a plaintiff bringing a negligent design claim against a prescription medical device manufacturer must prove that the device was too harmful to be used by anyone, or whether …