In the case of Ford v. St. Jude Medical, LLC, No. 3:21-CV-01765 (M.D. Pa. Sept. 23, 2024 Mehalchick, J.), the court granted in part and denied in part the Defendant’s Motion to Dismiss.
The court ruled that Pennsylvania law does not permit strict liability claims in prescription medical product liability litigation against medical device manufacturers. This prohibition includes strict liability design and manufacturing claims.
Judge Mehalchick additionally ruled that the Plaintiff’s claims of an implied warranty based upon different or additional Pennsylvania medical device standards were preempted. The court additionally noted that, even if these claims were not preempted, such claims would also be barred by the Restatement of Torts (Second) §402a, comment k.
Judge Mehalchick additionally ruled that a loss of consortium claim cannot be based on a contractual claim for breach of an express warranty.
Anyone wishing to review a copy of this decision may click this LINK. The Court's companion Order can be viewed at this LINK.
I send thanks to Attorney James M. Beck of the Philadelphia office of Reed Smith law firm for bringing this case to my attention.