“Product liability cases involving multiple defendants require special attention when only one of the defendants is responsible for the injury or damages alleged,” writes Ryan M. Frierott, a partner in Goldberg Segalla’s Product Liability Practice Group.
In this article co-authored by Ryan, the authors examine a recent product liability case, Weddle v. Smith & Nephew, Inc., and its implications for future claims.
The plaintiff in the case had undergone ankle surgery that involved the insertion of a medical device, manufactured by one of the defendants. The device was inserted with tools made by a different party, and with screws manufactured by a third company. When one or more of the components in the plaintiff’s ankle failed, she filed suit against all three manufacturers.
“The court reasoned that the plaintiff failed to articulate a breach because it never identified which defendants’ component failed,” Ryan writes. “In summary, attorneys in product liability claims involving multiple defendants must identify the specific allegations levied at their client.”