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



DOCUMENTS
  • Order


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.

FIRM NAMES
  • Greenberg Traurig
  • Kline & Specter





UPCOMING CONFERENCES




HarrisMartin's New Jersey Asbestos Litigation Conference

February 27, 2025 - New Brunswick, NJ
Hyatt Regency New Brunswick

MORE DETAILS



HarrisMartin’s Artificial Stone Silicosis Epidemic Litigation Conference

January 10, 2025 - Long Beach, CA
The Westin Long Beach

MORE DETAILS