McNulty v. Hijikata

Edward McNulty (McNulty), the recipient of an inflatable penile prosthesis, brings this suit against the implanting surgeon and Medical Engineering Corporation (MEC) on account of injuries sustained when the device allegedly malfunctioned. McNulty claims that the device was designed, manufactured and distributed by MEC (formerly Surgitek) and that MEC is liable for: (i) negligent design, manufacture and marketing of the device; (ii) negligent failure to warn that the device was defective; and (iii) breach of the warranty of merchantability and fitness for use. MEC now moves for summaiy…