In the case of Gross v. Coloplast, No. 19-4385(E.D. Pa. Jan. 17, 2020 Baylson, J.), the court reviewed the Pennsylvania Supreme Court’s decision in the case of Tincher v. Omega Flex to reject efforts by the defense to carve out an exception to Pennsylvania’s strict liability law or the makers of prescription medical devices. The court denied the Defendant company’s Motion to Dismiss the Plaintiff’s Complaint.
In this case, the Defendant, Coloplast, had sought to expand the protections afforded to the makers of prescription drugs under comment K to section 402 of the Restatement (Second) of Torts.
Judge Baylson rejected this effort by noting that, under Tincher, the “Pennsylvania Supreme Court has strongly discouraged Pennsylvania courts from carving out certain categories of products for special treatment within the common law of products liability.
Source: Article – “US Judge, Weighing ‘Tincher’ Green-Lights Strict Liability Claims Against Med Device Maker,” By Max Mitchell of The Legal Intelligencer (Jan. 21, 2020).