Today’s case, Johnson v. C.R. Bard, Inc. (7th Cir., No.
Today’s case is Bayes v. Biomet, https://ecf.ca8.uscourts.gov/opndir/22/12/212964P.pdf (8th Cir., No. 21-2964, 9/21/2022), a lawsuit against the manufacturer of a failed metal-on-metal hip replacement. The trial court instructed the jury on two theories of recovery: strict liability and negligent design. The outcome was unusual – at least, it seems unusual to me. As the Eighth Circuit Court of Appeals explained,
Last April I wrote about the FDA’s decision to ban the use of surgical mesh devices for transvaginal repair of pelvic organ prolapse (“transvaginal mesh” or “pelvic mesh”). https://www.videntpartners.com/blog/2019/fda-bans-surgical-mesh-transvaginal-repair-pelvic-organ-prolapse. Of course, because transvaginal mesh was used for that purpose for 14 years (2002-2016), the resulting litigation isn’t over yet. The most recent case to come to my attention is Kaiser v.
