Strict Liability Claims Tossed in C.R. Bard IVC Filter Case; Remaining Claims Proceed

PHILADELPHIA — A Pennsylvania federal judge has predicted that the state high court would apply comment k immunity to strict liability claims in a C.R. Bard IVC filter case, ruling the defendants presented sufficient evidence that the device is “unavoidably unsafe” and are therefore entitled to summary judgment on those counts.

However, in an Aug. 19 order, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania found the plaintiffs proffered sufficient expert evidence supporting their claims for negligence, misrepresentation and concealment, and punitive damages. The judge therefore denied Bard’s motion for summary judgment as to …