Vassallo v. Baxter Healthcare Corp.

The plaintiff claimed that silicone breast implants, which had been implanted in her had been negligently designed causing her serious injury.

A defendant will not be held liable under an implied warranty of merchantability for failure to warn or provide instructions about risks that were not reasonably foreseeable at the time of sale or could not have been discovered by way of reasonable testing prior to marketing the product. A manufacturer will be held to the standard of knowledge of an expert in the appropriate field, and will remain subject to a continuing duty to warn of risks discovered following the sale of the product at issue.

Products Liability