A dialysis clinic has moved to dismiss a Missouri plaintiff’s lawsuit from federal multidistrict litigation over dialysis products. The clinic’s counsel argues that the plaintiff cannot stick with products liability claims and actually must meet the higher standards of a claim for medical malpractice.
The Missouri Supreme Court has held that “strict liability claims are not applicable to health care providers,” and that same reasoning applies to negligent design and breach of warranty claims, defense counsel Hal Meltzer and Caroline Tinsley of Baker Sterchi Cowden & Rice in Kansas City, Mo., said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
