PRODUCTS LIABILITY-INFERIOR VENA CAVA FILTERS

Spear v. Atrium Med. Corp., 2022 U.S. Dist. LEXIS 145085 (E.D. Pa. August 12, 2022) (McHugh, J.)  In this case, Judge McHugh found that strict liability applies.  He rejected views of other judges.  He did say the product must be looked at on an individual basis, and found using that application on a 12(b)(6) motion, the motion should be denied.  Actually, Judge Baylson in Maietta v. Bard, used the same analysis, looking at the specific product, and he came to the opposite conclusion, that strict liability and Comment k did not apply.