A surgical technician’s claims that the design of a scalpel’s plastic shield is needlessly unsafe didn’t convince a federal judge, who granted summary judgment to the manufacturer, holding that the company’s retractable-shield design isn’t a reasonable alternative and, without that, the technician’s strict liability claim must fail.
U.S. District Judge Mary McLaughlin of the Eastern District of Pennsylvania, following the U.S. Court of Appeals for the Third Circuit, predicted that the Restatement (Third) of Torts would apply in the design defect case.
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