In a pelvic mesh lawsuit, a federal judge has pointed out a lack of Pennsylvania Supreme Court precedent regarding the validity of strict liability claims for manufacturing defects in prescription medical devices.

U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania ultimately dismissed a plaintiff’s strict liability claims against defendant C.R. Bard Inc. with prejudice, but allowed her to refile her negligence claim and certified to the U.S. Court of Appeals for the Third Circuit the question of whether Pennsylvania recognizes a strict liability claim for a manufacturing defect of a prescription medical device.

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