In a decision wading into the ramifications of the Pennsylvania Supreme Court’s seminal decision in Tincher v. Omega Flex, a federal judge has rejected efforts to carve out an exception to strict liability law for the makers of prescription medical devices.

On Jan. 16, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania rejected efforts by medical device company Coloplast seeking to toss the strict liability claims from the case Gross v. Coloplast. The ruling denied the company’s motion to dismiss for failure to state a claim on the strict liability issues.

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