Rosenberg v. C.R. Bard, Inc.

EDUARDO C. ROBRENO, JUDGE

I. INTRODUCTION

In this products liability case, an individual asserts both negligence and strict liability claims against a prescription medical device manufacturer. In doing so, the Court is presented with an important question of state law that has often been raised but has effectively evaded review by *575the Pennsylvania Supreme Court: does Pennsylvania law recognize a strict liability claim for a manufacturing defect of a prescription medical device?

The Court predicts that the answer to this question is "no." But given the growing debate among federal district courts…