Strict Liability, Punitive Damages Claims Trimmed from Bard IVC Filter Case

PORTLAND, Ore. — An Oregon federal judge has awarded Bard summary judgment on strict liability claims in a lawsuit involving its IVC filter, ruling that Pennsylvania law applies to the claims and that the Pennsylvania Supreme Court would apply comment k’s “unavoidably unsafe” exception to medical devices.

In a March 2 order, Judge Michael W. Mosman of the U.S. District Court for the District of Oregon also dismissed the punitive damages claim after ruling that Arizona law governs the issue. The judge explained that Arizona law bars punitive damages claims against a device manufacturer that “adheres to government specifications.”