Strict Liability Claims Dismissed in Pa. Federal Bard IVC Filter Action

HARRISBURG, Pa. — A Pennsylvania federal judge has dismissed strict liability and breach of implied warranty claims in a C.R. Bard inferior vena cava filter case, predicting that the state high court would extend comment k immunity to prescription medical devices.

However, in the Dec. 17 order, Judge Marilyn Horan of the U.S. District Court for the Middle District of Pennsylvania allowed the negligent failure to warn claim to proceed against Bard. She also allowed the plaintiff to amend his claims for negligent design, negligent manufacturing, and negligent misrepresentation.

Eric Mikula was implanted with Bard’s G2 IVC filter in …