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Medical Devices

Guide to: Cafazzo v. Central Medical Health Services, Inc., 668 A.2d 521 (Pa. 1995)

What is the product?

What did the trial court and the appellant do with the charges against the physician and hospital?

Which element of 402a is the court looking at?

Why did the plaintiff go after the physician and the hospital?

What did the court say was the key inquiry in determining whether there was a sale or a mere transfer?

Does the court apply the "service exception"?

What were the examples of situations when a hospital would be liable under 402a?

What about popcorn at the movie theater?

Why does applying 402a to hospitals not improve product safety?

Why might 402a stifle innovation?

What did the court rule?

(stop with the majority opinion)

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