Products Liability

July 23rd, 2019 by Rieders Travis in Products Liability

PRODUCTS LIABILITY-MEDICAL DEVICE PRODUCTS LIABILITY-MEDICAL DEVICE- Schrecengost v. Coloplast Corporation, No. 3:17-cv-220 (W.D. Pa. December 2, 2019) Gibson, J.  The court finds that under Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), a strict liability design defect case can be brought against a company manufacturing a prescription medical device.  This opinion takes issue with many others that go the opposite way from the federal courts in Pennsylvania.  The court rejects that Creazzo v. Medtronic, 903 A.2d 24 (Pa. Super. 2006) or Hahn v. Richter, 673 A.2d 888 (Pa. 1996) dictate a different result.  In essence, the Superior and Supreme Courts of Pennsylvania have not made a decision, and this court predicts that such claims would be allowed.  Comment k of 402A, says the court, is not the model of clarity.  The court holds that claims are cognizable.   PRODUCTS LIABILITY-DOG LEASH Oberdorf vs. Amazon.com, Inc., 219 U.S. App. LEXIS 19982.  Opinion by Roth, Circuit Judge.   On January 12, 2015, Heather Oberdorf returned home from work, put a retractable leash on her dog, and took the dog for a walk.   Unexpectedly, the dog lunged, causing the D-ring on…