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David Ferrera Comments on Medical Devices Decision in Massachusetts Lawyers Weekly

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David Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, weighed in on the ruling in Taupier v. Davol, Inc. in Massachusetts Lawyers Weekly. In the article, “Patient can bring implied warranty claim against device maker,” David noted that the decision’s distinction between drugs and medical devices was based on the idea that drugs are subject to more rigorous federal oversight, which may have been the case at the time the Restatement (Second) of Torts Section 402A Comment k was published in 1965, but is far from true today.

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