In a recent case hearing, a federal judge in Massachusetts granted summary judgment in favor of the Schepens Eye Research Institute (SERI). The ruling was regarding the only remaining claim of strict products liability based on an alleged design defect in a surgical implant, an assertion brought forward by plaintiff Nancy Daley. Indications are that SERI’s defense successfully argued the uncontested evidence, specifically that the product was at the cutting edge of available technology when the plaintiff had her surgery in 1986.
The device at the center of the case is a “scleral buckling device”, a surgical implant devised by SERI to treat retinal detachment. Marketed under the name MIRAgel, the research and testing phase of the device was conducted during the 1970s, culminating with the award of a patent in 1984. Reportedly, Nancy Daley was the recipient of the MIRAgel implant in New York, in 1986, as part of her successful treatment for a retinal detachment. According to court records, Daley later experienced issues with the implant, which was observed to deteriorate and swell over time.
Fascinatingly, though, this case shines a light on the complexities of product liability cases in the medical field, particularly those involving technology that was deemed state-of-the-art at the time of usage. For a more comprehensive understanding of this case, you might want to read additional details at Law.com.