PRODUCTS LIABILITY-INFERIOR VENA CAVA FILTER-STRICT LIABILITY-NEGLIGENCE-FRAUD-PUNITIVE DAMAGES

August 24th, 2022 by Rieders Travis in Products Liability

Maietta v. C.R. Bard, Inc., et al., No. 19-4170 (E.D. Pa. August 19, 2022) (Baylson, J.)  Judge Baylson granted defendant’s motion on strict liability and struck it.  However, he refused to strike the other counts, which were information defect, design defect, negligence in designing the product, negligence by failing to warn, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, loss of consortium and punitive damages.  The judge’s decision on strict liability was because of a memo called The Price Memo from the FDA in 1996 that said there were certain risks to the filter.  The judge said, therefore, that the product cannot be made unavoidably safe and that it was unavoidably unsafe and therefore Comment k applied and a strict liability claim could not be brought.  The judge, however, denied all of the other motions.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]

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