3D Printing of Medical Devices: CAD Designers as the Most Realistic Target for Strict, Product Liability
By Eric Lindenfeld
The potential framework for tort liability for the 3D printing of medical devices is highly questionable. Strict liability, which is traditionally applied in the products liability landscape, is not easily applied in the context of 3D printing of medical products. This problem becomes increasingly troublesome when one considers that experts predict that the first wave of consumers will suffer grave injuries as a result of defects in these medical products. This paper proposes that the CAD designer of a CAD blueprint should be held strictly liably for defects arising out of its designs. Hospitals and 3D Printer Manufacturers should be held liable only under negligence standards. This paper is a take-off of an earlier teaser previously published in the Yale Journal of Law and Technology Blog with Jasper L. Tran.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.