What is the difference between a medical device injury lawsuit and a product liability lawsuit?
The difference between a medical device injury lawsuit and a product liability lawsuit in Pennsylvania revolves around the type of product and the claims made in the lawsuit. A medical device injury lawsuit is a legal action taken against a manufacturer of a medical device, alleging that the device caused physical injury or health issues due to a defect or improper design. The lawsuit may also allege that the device was not adequately tested prior to being released into the marketplace. In contrast, a product liability lawsuit is a legal action against a maker of a consumer product, such as a car or household appliance, alleging that the product caused physical injury or health issues due to a design or manufacturing defect. The lawsuit may also allege that the product did not have adequate warnings or instructions. In Pennsylvania, both medical device injury lawsuits and product liability lawsuits must prove that injury was caused by the product and that the manufacturer was negligent. However, the claims made in the two lawsuits often differ. For example, medical device injury lawsuits commonly focus on defective design, whereas product liability lawsuits may also cite a failure to warn as a basis for the lawsuit.
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