Most states have enacted “Blood Shield Laws” under which a person or entity cannot be found strictly liable or to have breached any warranties for the lawful sale and transfusion of blood and blood products. Therefore, regardless of any warranties given about the quality of the blood or blood products no claim for breach of … Read more
The Restatement Second of Torts §402A has applied to products liability suits in Pennsylvania since the Pennsylvania Supreme Court adopted it in 1966 in Webb v. Zern, 422 Pa. 424, 220 A.2d 853. However this may all change with the United States Court of Appeals for the Third Circuit recently predicting that the Pennsylvania Supreme … Read more
When a product manufacturer wants to market and sell a medical device that presents an unreasonable risk of injury or illness to the public, under federal law 21 USCF § 360 the manufacturer must show to the Food and Drug Administration (“the FDA”) that the effectiveness of the product outweighs any risks of harm. The … Read more