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Engineering and the law-products liability for medical devices: federal preemption of state lawsuits

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2 Author(s)
Richards, E.P. ; Sch. of Law, Missouri Univ., Kansas City, MO, USA ; Walter, Charles

The basis of product liability lawsuits and a trend in the law that can protect medical device manufacturers from these lawsuits are discussed. Section 402(A) of the Restatement of Torts, the basis for liability laws in most states, is reviewed. The King vs. Collagen Corp. case, in which King, diagnosed with an autoimmune disease, claimed that the disease was caused by Zyderm, a modified cow protein that is injected under the skin to correct wrinkles, is also reviewed. King sued Collagen Corp. for selling a defective product and for failure to properly warn her and her physician of the risks of using the product and lost the suit

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Engineering in Medicine and Biology Magazine, IEEE  (Volume:12 ,  Issue: 2 )