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Products Liability Keyed Owen, 8th Ed.
Cafazzo v. Central Medical Health Services, Inc.
Citation:
668 A.2d 521 (1995)Facts
In 1986, Albert Cafazzo underwent surgery for the implantation of a mandibular prosthesis manufactured by Vitek, Inc. In 1992, after the device was discovered to be defective, Cafazzo and his wife filed a complaint against Dr. Norman Stern, the physician who performed the surgery, and Central Medical Health Services, the hospital where the operation took place. The plaintiffs claimed that the defendants should be held strictly liable under § 402A as having “provided, sold or otherwise placed in the stream of commerce” the defective Proplast TMJ Implants. The complaint alleged that the prosthesis was defectively designed, unsafe for its intended use, and lacked necessary warnings. The manufacturer of the device, Vitek, Inc., was in bankruptcy and unable to sustain liability, so the plaintiffs sought recovery from the hospital and physician.
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