We know that any federal court analysis that starts with Although the state has not recognized the duty . . . is going to be followed by a “prediction” of state law that instead creates unprecedented liability according to the federal court’s personal predilections. Which is precisely what the court did in CLF v. Coopersurgical
Oregon
Guest Post – The Sun Is Not Setting on Oregon’s Blood Shield Statute

Today’s guest post is from Reed Smith’s Matt Jacobson. He addresses the latest and greatest result from litigation that has been generating favorable decisions nationwide applying various states’ so-called “blood shield” statutes (practically every state has one) that declare the use of human cells or tissue in medical treatment to be services rather than products, which has the effect of limiting liability to negligence. As always our guest posters deserve 100% of the credit (and any blame) for their work.
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Milovich v. Aziyo Biologics, Inc., No. 1:24-cv-01208-CL, 2025 U.S. Dist. LEXIS 50935 (D. Or. Feb. 24, 2025), involves Oregon’s human blood and tissue shield statute. The Drug & Device Law Blog has written about similar cases before, but this one might be the best. Blood shield laws have been around for over 60 years. They sound like something that Dracula should fear, along with a knife through the heart, the sun, holy objects, and garlic. But they are not something that should scare anyone who manufactures blood or tissue based products. While states have different statutory language, the gist of blood shield laws is that blood transfusions and transplants are a service and not a sale (Dracula would agree he is performing a service), thus barring claims for breach of warranty and strict liability.Continue Reading Guest Post – The Sun Is Not Setting on Oregon’s Blood Shield Statute
A Bed of Their Own Making: Taxotere Claims Held Untimely Under Oregon Statute of Repose

We have frequently reported on plaintiffs’ efforts to salvage untimely claims in the Taxotere MDL. See, for example, here, here, and here. As we explained here, the basic problem for many plaintiffs—who claim that the chemotherapy drug Taxotere caused them permanent hair loss—is how the MDL master complaint defines the plaintiffs’…
Hospitals in Oregon are Now Subject to Strict Liability as Sellers

If you have a good memory, the title of today’s post may seem familiar. That’s because about sixteen months ago, we told you about the appellate court decision in Oregon that reached this conclusion. Now it is official. The Oregon Supreme Court has weighed in and agrees that under Oregon’s product liability statute, hospitals are…
Pursuant to Rule 702, This One Is Or-ah-gone
Plaintiff’s Expert’s “Gut” Feeling Not Enough to Withstand Rule 702 or Summary Judgment

Listen to your gut. Follow your instincts. Trust your intuition. Great advice in many situations. Like deciding whether to buy skinny jeans or whether to buy your forever home. Or, when things seem “off” or feel “dangerous.” Or, when your body is trying to tell you something about your health. These are all times to…
Summary Judgment for Defendants in Hip Implant Case out of the District of Oregon

For the first time in two years, we write from the confines of our office in downtown Philadelphia. While we loved the full-time “work from home” regime, we have fondly re-embraced the near-forgotten view from our 30th-floor window, along with our Dancing Barney doll, our RBG action figure, and our solar-powered effigy of…
Federal Court Upholds Oregon Covid-19 Vaccine Mandate

California is called the land of fruits and nuts, but the Harry and David Company – esteemed purveyor of fruits, nuts, and other delicacies – calls Oregon its home. Oregon gave us Tonya Harding and Ndamukong Suh. Oregon is also the only state besides New Jersey that forbids motorists from pumping their own gas.
We…
The Strange Case Of Griffith v. Blatt

We’ve seen Griffith v. Blatt, 51 P.3d 1256 (Or. 2002), cited – and not just by plaintiffs – for broad propositions, like Oregon abolished the learned intermediary rule in strict liability cases, or that strict liability, generally, is strait-jacketed by legislative adoption of Restatement (Second) of Torts §402A (1965) and its comments.
We don’t…
Good Confidentiality Ruling Out of Oregon

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