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Williams v. American Med. Sys.

Manufacturer of allegedly defective penile implant was not entitled to summary judgment on plaintiff's strict liability claim because plaintiff's post-operative diagnosis provided some evidence that the implant did not operate as intended and caused the plaintiff's infection.

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Bennie Williams appeals from the trial court’s grant of summary judgment to American Medical Systems AMS, the manufacturer of a penile implant which had to be surgically removed from him after an infection developed. Williams sued for negligent manufacture and inspection, strict liability, and failure to warn.1 The trial court granted summary judgment to AMS on all claims. Because we conclude there is an issue of fact on the strict liability claim, we reverse in part and affirm in part.

Viewed in the light most favorable to Williams as the nonmoving party, the facts were as follows. Dr. Harrison, a urologist, performed the operation implanting an AMS 700 Inflatable Penile Implant Prosthesis into Williams’s abdomen and scrotum. Dr. Harrison inflated the implant in the operating room and it was working normally. There is no evidence of any damage to the implant before or after surgery. About a month later, while Williams was still recovering from the surgery, an infection developed and Dr. Harrison removed the implant.2 Six months later, Williams underwent the same procedure, with Dr. Harrison implanting another AMS 700 Prosthesis, this time without complications.

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