Josette TAYLOR, as Personal Representative of the Estate of Fred E. Taylor, deceased; and on behalf of the Estate of Fred E. Taylor; and Josette Taylor, individually, Petitioner,
v.
INTUITIVE SURGICAL, INC., a foreign corporation doing business in Washington, Respondent.
Supreme Court of Washington.https://leagle.com/images/logo.png
Jeffrey Royal Johnson , Scheer Law Group LLP, 701 Pike St., Ste. 2200, Seattle, WA, 98101-2358, Philip Albert Talmadge , Sidney Charlotte Tribe , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. S.W., Third Floor, Ste. C, Seattle, WA, 98126-2138, Allen J. Ruby , Skadden Arps Slate Meagher & Flom, 525 University Avenue, Suite 1100, Palo Alto, CA, 94301, for Respondent.
Christopher W. Tompkins , Betts Patterson & Mines PS, 701 Pike St., Ste. 1400, Seattle, WA, 98101-3927, Hugh F. Young , Product Liability Advisory Council, Inc., 1850 Centennial Park Dr., # 510, Reston, VA, 20191, James M. Beck , Reed Smith LLP, 1717 Arch Street, Suite 3100, Three Logan Square, Philadelphia, PA, 19103, as Amicus Curiae on behalf of Product Liability Advisory Council, Inc.
Valerie Davis Mcomie , Attorney at Law, 4549 N.W. Aspen St., Camas, WA, 98607-8302, Bryan Patrick Harnetiaux , Attorney at Law, 517 E. 17th Ave., Spokane, WA, 99203-2210, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, as Amicus Curiae on behalf of Washington State Association for Justice Foundation.
David Bartley Eppenauer , Shook, Hardy & Bacon LLP, 701 5th Ave., Ste. 6800, Seattle, WA, 98104-7066, Victor E. Schwartz , Phil Goldberg , Shook, Hardy, & Bacon, 1155 F Street N.W., Suite 200, Washington, DC, 20004, as Amicus Curiae on behalf of Medical Device Manufacturers Association.
David Bartley Eppenauer , Shook, Hardy & Bacon LLP, 701 5th Ave., Ste. 6800, Seattle, WA, 98104-7066, Victor E. Schwartz , Phil Goldberg , Shook, Hardy, & Bacon, 1155 F Street N.W., Suite 200, Washington, DC, 20004, as Amicus Curiae on behalf of National Association of Manufacturers.
Barbara Allan Shickich , Riddell Williams PS, 1001 4th Ave., Ste. 4500, Seattle, WA, 98154-1065, Brett S. Durbin , Stoel Rives LLP, 600 University St., Ste. 3600, Seattle, WA, 98101-4109, Sarah Elizabeth Joye , Riddell Williams P.S., 1001 4th Ave., Ste. 4500, Seattle, WA, 98154-1065, as Amicus Curiae on behalf of Washington State Hospital Association.
OWENS, J.
¶ 1 Manufacturers have a duty to provide warnings to consumers about the risks of their products pursuant to the Washington product liability act (WPLA), chapter 7.72 RCW. In this case, a manufacturer sold a surgical device to a hospital, which credentialed some of its physicians to perform surgery with the device. The manufacturer...
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