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Product Liability Case - Research Paper Example

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Product liability cases have in recent years seen a significant increase, especially in terms of injuries filed in court by people who, despite undergoing minimally invasive surgery, develop serious cartilage damage. The U.S. Courts of Appeals for the Ninth Circuit recently…
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Product Liability Case
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Download file to see previous pages However, she was subsequently diagnosed shoulder chondrolysis that caused her shoulder socket and ball to fuse, severely restricting shoulder motion. As a result, she filed a product liability suit against I-Flow Corp, which manufactured the “PainBuster” device. In this case, she asserted that the device had not received FDA approval for use in such cases, arguing the product’s manufacturer was liable for the sale of this product despite not giving adequate warning and was, therefore, unreasonably dangerous (Moylan, 2015). There is no mention of the insurance company in the article, which might be explained by the fact the case was initially thrown out and the insurance company was not needed.
The Courts of Appeals for the Ninth Circuit found that, for medical devices, negligence of instruction was grounds for product liability, stating that this finding was not in contravention of the Medical Device Amendments of 1976 or the underlying intent of the US Congress in making these amendments to the Food, Drug, and Cosmetics Act (Moylan, 2015). The suspected reason for Christina’s disorder was a “pain pump” that her doctors used to directly administer painkillers to her shoulder joint following the surgical procedure. Normally, this device is used to deliver different types of pain medications to the surgery site quickly and directly. However, the procedure involved in using the device has been linked to development of chondrolysis, which is a debilitating condition of the joints. This disorder causes the depletion of cartilage that separates and connects bones and, as a result, the joints become fused and lose all mobility. In majority of cases, the discovery and diagnosis of this condition happens too late for any effective treatment or cure (Moylan, 2015).
Before submitting her product liability case to court, Christina requested the court to instruct the jury on the negligence theory per se. ...Download file to see next pagesRead More
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