Morrison Mahoney partner Chris Monson recently obtained summary judgment in a hybrid-medical malpractice-product defect case involving severe injuries suffered by a plaintiff during a routine Greenlight Laser prostate surgery.
The plaintiff claimed that the defendant provided a defective Greenlight Laser via a rental agreement to Wentworth Douglas Hospital in New Hampshire and was, therefore, liable for the plaintiff’s injuries under New Hampshire’s strict product liability laws. Throughout the discovery, Chris established the fact that although the Greenlight Laser was subject to a rental agreement, the laser never actually left the defendant’s possession. Indeed, the defendant’s technician (which the plaintiff’s expert agreed acted in accordance with the standard of care throughout the procedure) maintained control over the laser console throughout the procedure.
Chris successfully argued that since the laser console never left the defendant’s possession, New Hampshire’s strict product liability laws did not apply. The case emphasized the importance of looking beyond the title of an agreement to the underlying facts when determining whether a defendant actually placed an allegedly defective product into the stream of commerce, thereby making them subject to strict liability.
Cohen vs. Boston Sci. Corp., D.N.H., No. 1:20-CV-00943-PB (Mar. 26, 2024)
