Last month, in Taylor v. Intuitive Surgical Inc., the Washington Supreme Court saddled medical device manufacturers with a new duty to warn under Washington law — the duty to warn hospitals about potential risks their products may pose — and eroded exemptions from strict liability afforded to manufacturers of certain “unavoidably unsafe” products.
This decision comes as a surprise, and represents an unexpected shift in the law with regard to medical device manufacturers.
Originally published in Law360 on March 1, 2017.
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