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BEARD v. JOHNSON AND JOHNSON, INC.

No. 35 WAP 2010

41 A.3d 823 (2012)

Jeffrey K. BEARD, as Administrator of the Estate of Sandra L. Selepec, Deceased, Appellant v. JOHNSON AND JOHNSON, INC.; Ethicon, Inc., a Subsidiary Company of Johnson and Johnson, Inc.; Ethicon Endo-Surgery, Inc., a Subsidiary Company of Johnson and Johnson, Inc.; Cardinal Health, Inc., t/d/b/a Cardinal Health; and Cardinal Health 414, Inc., t/d/b/a Cardinal Health, Appellees.

Supreme Court of Pennsylvania.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Joseph A. Del Sole , Del Sole Cavanaugh Stroyd L.L.C., Alan H. Perer , Swensen, Perer & Kontos, William Shaw Stickman IV , Del Sole Cavanaugh Stroyd L.L.C., Pittsburgh, for Jeffrey K. Beard.

Arthur L. Bugay , Galfand Berger, L.L.P., Philadelphia, for Appellant Amicus Curiae, Pennsylvania Association for Justice.

Michael Patrick Daly , Alfred W. Putnam Jr. , Drinker, Biddle, & Reath, L.L.P., Philadelphia, John J. Richardson , C. James Zeszutek , Dinsmore & Shohl, L.L.P., Pittsburgh, for Ethicon Endo-Surgery, Inc.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice SAYLOR.

This appeal arises out of a medical-device product liability action in which a strict-liability, design-defect theory was asserted. Given that the surgical instrument in issue is said to have multiple applications, we are asked to determine whether a trial court's threshold risk-utility analysis should be limited to the particular one alleged to have caused the plaintiff harm. Additionally, appeal was allowed to consider the...

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