4th Cir. Certifies Design Defect Standard of Proof Question to W. Va. High Court

RICHMOND, Va. — A panel of the 4th Circuit U.S. Court of Appeals has asked the highest court in West Virginia to resolve the question of whether a plaintiff asserting a strict liability design defect claim in a product liability action is required to prove the existence of an alternative, feasible design that eliminates the risk of harm suffered by the plaintiff.

In an April 5 order, the appellate panel explained “there is no controlling appellate decision, Constitutional provision or statute” in West Virginia that resolves the question.

Judith Shears underwent implantation of Ethicon’s Tension-Free Vaginal Tape — a synthetic …