This post is from the non-Reed Smith side of the blog.
In Glennen v. Allergan, Inc., — Cal. Rptr.3d –, 2016 WL 1732243 (Cal. Ct. App. Apr. 29, 2016), plaintiff brought one cause of action – negligent failure to adequately train physicians in the use of a medical device. Id. at *1. That’s it. Not that the product was defectively designed. Not that the defendant erred in the manufacturing process. Not that the device came with inadequate warnings. The plaintiff made none of those allegations. Instead she asserted only that she was injured as a result of implantation of the device done poorly by her physician. But rather than lay that blame at the foot of the physician, plaintiff sued the manufacturer claiming it was the manufacturer’s fault for not properly training the physician.
Quick sidebar: Plaintiff’s pronounced focus on the doctor’s alleged negligence made use stop and think. Plaintiff filed her lawsuit nine years after her surgery and alleged injury. California has a 1-year statute of limitations for medical malpractice, and while the products liability statute is only 2 years, plaintiff probably saw more leeway in arguing when she “discovered” her claim against the manufacturer then against her surgeon. Just a little supposition on how this essentially med-mal claim turned into a products liability claim.