Judge Asks 3rd Circ. To Probe Pa. Device Defect Claim
Law360 (June 27, 2019, 5:37 PM EDT) -- A Pennsylvania federal judge has found that state law bars a woman from pursuing strict liability claims over complications she suffered from a C.R. Bard Inc. pelvic mesh implant, but asked the Third Circuit to help decide the issue in the absence of binding precedent by the Pennsylvania Supreme Court.
Senior U.S. District Judge Eduardo Robreno junked the woman’s claims in a decision on Tuesday, concluding that the Pennsylvania Supreme Court, which has not ruled on the issue directly, would find that state law does not recognize strict liability claims for defective manufacturing of prescription medical devices.
But he said that...
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