What is the difference between product liability and medical device injury cases?

Product liability and medical device injury cases are two distinct types of cases in Pennsylvania where people can file lawsuits when something goes wrong with a product or medical device. In product liability cases, a person can sue a manufacturer for any harm caused by a defective product, such as food, medicine, a toy, or household appliance. In medical device injury cases, a person can sue a manufacturer for defects in medical devices, such as artificial organs, pacemakers, and joint replacements. The main way these two types of cases differ in Pennsylvania is in the types of harms they are meant to address. In product liability cases, the person filing the suit can cite physical harms they have experienced due to a faulty product. This could be bruises, lacerations, burns, or broken bones, among other things. In medical device injury cases, the person filing the suit can cite physical or psychological harms they have experienced due to a defective medical device. This includes physical pain, mental anguish, disability, or loss of organ function, as well as the fear of potential side effects. The other way these two types of cases differ is in the evidence required to prove the claim. In product liability cases, the plaintiff may only need to prove that the product was defective. In medical device injury cases, the plaintiff must also prove that the medical device opposed a recognized standard of care. This could include proving that the manufacturer failed to warn of known risks or that the manufacturer acted negligently in designing the medical device.

What is the difference between product liability and medical device injury cases?

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