Cafazzo v. Central Medical Health Services, Inc.

668 A.2d 521 (1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Cafazzo (P) underwent surgery for implantation of a mandibular prothesis. Six years later it was discovered that the device was defective. The manufacturer is in bankruptcy, and unable to sustain liability. P sued the hospital (D), and the surgeon (D1) under strict products liability; the product was defectively designed and lacked any warning necessary to ensure safety. Ds' preliminary objections in the nature of a demurrer was granted by the trial court which concluded that P failed to state a claim cognizable under Pennsylvania law, and the Superior Court affirmed.