Determining A Product's Defect By Its Primary Use

Law360, New York (June 21, 2012, 1:47 PM EDT) -- The Pennsylvania Supreme Court recently issued an opinion that bolsters medical device manufacturers' arsenal of defenses in design-defect products liability actions.

In Beard v. Johnson & Johnson Inc., No. 35 WAP 2010, slip op., (Pa. March 22, 2012), the court held that in design-defect cases involving multiuse medical devices, trial courts are not limited to considering the particular use at issue in the litigation when conducting a risk-utility analysis of the device.

Rather, the trial court is bound to consider all of the uses of the...
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