Comment k Bars Strict Liability Claims in Atrium Hernia Mesh Case, Pa. Federal Judge Rules
October 10, 2024
DOCUMENTS
- Report & Recommendations
HARRISBURG, Pa. — A Pennsylvania federal judge has dismissed strict liability claims from a lawsuit alleging injuries caused by Atrium Medical’s ProLoop and ProLite hernia mesh, ruling that they fall within the exemption in comment k to Section 402A of the Restatement (Second) of Torts for “unavoidably unsafe” products.
In a Sept. 30 order, Judge Julia K. Munley of the U.S. District Court for the Middle District of Pennsylvania agreed with a magistrate judge who predicted that the state high court would follow decisions that extended comment k’s exemption to medical devices.
Judge Munley also dismissed the breach of express …
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