Product Liability -- active

Burningham v. Wright Medical Group   (Utah Supreme Court)

Product liability for medical devices

The NAM filed an amicus brief in the Utah Supreme Court that seeks to relieve medical device manufacturers of overbroad product liability. The legal issue before the court is whether medical device manufacturers should be held strictly liable for any harms caused by their products, or instead whether plaintiffs must prove the manufacturer negligently designed or manufactured the device. The NAM’s amicus brief argued the latter standard should apply because a strict liability standard would stifle innovation and drive life-saving medical devices from the market.

Related Documents:
NAM brief  (October 5, 2018)


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