Source: Brister & Zandrow Blog

Brister & Zandrow Blog Product Liability - Dismissal of Claims

Claims that there were safer alternative designs to the medical device implanted in the plaintiff and that her device contained a mesh component that had an unreasonable tendency to corrode sufficiently alleged breach of warranty and violations of Massachusetts consumer protection law. As a result, the trial court erred when it concluded that these claims were speculative and dismissed the plaintiff's case. Accordingly, the lower court's judgment was reversed, [...]

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