Manufacturers supervising medical doctors? In two words, they don’t. Yet plaintiffs, particularly in cases where preemption forecloses more normal product liability claims, try to get courts to impose such duties. We took a look at that issue back during the early days of the blog, when it was still a Bexis/Herrmann operation, in our September
Sales representative
No Expert, No Diluted Warning, No Case

By Michelle Yeary on
Posted in Design Defect, Warnings
So said the Connecticut state appellate court last week. It’s a pretty simple equation. Like No shoes, no shirt, no service. No pain, no gain. No risk, no reward. In other words, you can’t get one without the other. In Ferrari v. Johnson & Johnson, Inc., — A.3d —, 2019 WL 2167849…
Man Bites Dog – Plaintiff Argues that Device Manufacturer Liable for NOT Having a Representative in the Operating Room – Loses Anyway

By Steven Boranian on
Posted in Causation
Medical device sales representatives are often present in the operating room during surgical procedures, especially with procedures involving orthopedic devices. With those kinds of devices (and others), the hospital typically contacts the sales representative in advance, and he or she is charged with delivering the device in the specified size and providing any specialized instrumentation…