Utah High Court Asked to Determine Whether Comment k's 'Unavoidably Unsafe' Doctrine Applies to Medical Devices

SALT LAKE CITY - A Utah federal judge has asked the state high court to resolve the issue of whether the "unavoidably unsafe" doctrine set forth in comment k to Section 402A of the Restatement (Second) of Torts applies to implanted medical devices.

In a Feb. 15 order, Judge Jill N. Parrish of the U.S. District Court for the District of Utah explained that the issue appears to be one of first impression in Utah.

Dale Burningham was implanted with a Wright Profemur Modular Neck and Wright Conserve metal-on-metal components in his right hip. The devices failed on Feb. 3, …