Today's guest post is by
Reed Smith's
Jenn Eppensteiner. In it she discusses a recurring theme on the
Blog – claimed product "defects" arising from
nothing more than the failure of an implanted medical device. Case
after case has recognized that the human body is a hostile
environment for implants, surrounded by the equivalent of salt
water that corrodes metal and plays havoc with electronics (like
dropping a cell phone or a watch in a tide pool, only worse), and
in the case of weight-bearing implants, producing constant stress
cycles that eventually overcome the strongest metals. Still,
plaintiffs persist in bringing cases with nothing more than the
allegation, "it broke." Jenn discusses another decision
dismissing such a claim. As always, our guest posters deserve 100%
of the credit (and any blame) for the contents of their posts.
