David Ferrera, partner in Nutter’s Litigation Department and chair of the firm’s Product Liability and Toxic Tort Litigation practice group, and Robyn Maguire, partner in Nutter’s Litigation Department and a member of the firm’s Product Liability and Toxic Tort Litigation and Business Litigation practice groups, analyzed potential product liability risks in 3D printing in Nutter Insights.
David and Robyn addressed how 3D printing is revolutionizing health care, how the FDA will regulate 3D manufactured medical devices, and which entities will face liability if a 3D printed solution fails. According to David and Robyn, liability remains a somewhat open question, because 3D printing is both relatively novel and extremely intricate. It’s likely that at first courts will try to apply the same theories of liability used to evaluate tangible things produced using traditional manufacturing processes—by examining the design, manufacture, and distribution of the defective product. However, 3D printing turns the traditional manufacturing process on its head.
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