3rd Cir. Asked Whether Strict Liability Manufacturing Defect Claims Barred in Medical Device Cases

PHILADELPHIA — A Pennsylvania federal judge has asked a federal appeals court to decide whether Pennsylvania law recognizes a strict liability claim for a manufacturing defect of a prescription medical device, noting there is a “growing debate among federal district courts regarding this issue.”

In a June 25 order, Judge Eduardo Robreno of the U.S. District Court for the Eastern District of Pennsylvania explained that at least nine district courts within the 3rd Circuit have allowed strict liability — manufacturing defect claims to proceed, while at least five district courts have held that comment k bars all strict liability claims.