The manufacturer of a surgical device had a duty to warn the purchasers – not just the doctors – of its potential dangers.
That’s according to a ruling in a recent case out of Washington state, where justices sided with plaintiff that medical device manufacturers have a duty to warn hospitals as well as physicians because doctors aren’t the ones actually buying the devices.
Although the ruling doesn’t have a direct impact on case law here in Massachusetts, it’s important to highlight because state high courts will often take cues from their sister courts when weighing important similar issues, especially those of first impression. Additionally, the case involves a particular kind of medical device that is widely used nationally, including here in the Commonwealth. Continue reading