• Strict Products Liability Claims Based On Design Defect Are Inapplicable To Implanted Medical Devices That Are Available Only Through Physicians (With or Without a Prescription)
  • December 14, 2012 | Author: Gregory G. Jackson
  • Law Firm: Morris Polich & Purdy LLP - San Diego Office
  • A recent California Court of Appeal decision out of the Second District has provided further clarity to the scope of California products liability law by reasserting the general rule that precludes strict liability for design defect for an implantable medical device. In Garrett v. Howmedica Osteonics Corp. (Nov. 27, 2012, No. B234368) -- Cal.Rptr.3d -- (2012 WL 5911441), the appellate court held that the exclusion of strict products liability design defect claims extends to any implanted medical device that is made available through the services of a physician, regardless of whether or not the implantable device is “prescribed.”