Pa. High Court Agrees to Address ‘Unavoidably Unsafe’ Question in IVC Filter Case

PHILADELPHIA — The Pennsylvania Supreme Court has agreed to tackle the question of whether, and to what extent, makers of prescription medical devices are shielded from liability for strict liability claims pursuant to the “unavoidably unsafe products” exemption in Restatement (Second) of Torts Sec. 402A comment k.

Pursuant to a request by the 3rd Circuit U.S. Court of Appeals, the high court will also address the question of whether a plaintiff bringing a negligent design claim against a prescription medical device manufacturer must prove that the device was too harmful to be used by anyone, or whether the plaintiff can …