Picadio Sneath Miller & Norton, P.C.

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August 2015 Archives

Federal Courts Predict the Pennsylvania Supreme Court Will Except Medical Devices from Strict Liability under § 402A

Owen-J-Mcgrann-profile.jpgThe federal courts in Pennsylvania continue to rage against the machine, seeking to expand or at least protect the foothold established for defendants in product liability cases - even in the wake of Tincher v. Omega Flex. In Cogswell v. Wright Medical Technology, Inc., Judge Bissoon of the Western District of Pennsylvania held that, under Pennsylvania law, there is no strict liability cause of action for manufacturing defects found in medical devices. (A copy of this opinion is attached here for your convenience.)

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