Burningham v. Wright


(Utah, filed October 5, 2018): The brief addressed the unavoidably unsafe exception to strict liability in design defects recognized in the Restatement (Second) of Torts and whether it applies to implanted medical devices.

Court ruled against ATRA's position

On September 5, 2019, the Utah Supreme Court quickly dispensed with any discussion of comment k and PMA-approved devices because state law tort claims concerning those devices are preempted. 

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