Dutil v. Burns

WATHEN, Chief Justice.

Plaintiffs, five named dental patients and their spouses, appeal from orders of the Superior Court dismissing their complaints against certain named oral surgeons for failure to state a claim. Plaintiffs allege that they were injured by the defective jawbone implant sold by defendants. The Superior Court held that physicians and dentists are not sellers for purposes of products liability claims, and that plaintiffs’ complaints are governed by the Maine Health Security Act (MHSA), 24 M.R.S.A. § 2501 et seq. (1990 & Supp.1994). We agree with the Superior Court, and we…