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June 8, 2016

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David A. Barry

David Barry comments in Massachusetts Lawyers Weekly on use of res ipsa loquitur in case against medical-device maker

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Partner David A. Barry is quoted in “Patient can bring claim vs. medical-device maker,” an article published by Massachusetts Lawyers Weekly about a recent decision allowing a products liability claim to go forward under a res ipsa loquitur theory despite allegations that the device failed during an “off-label” use.

An excerpt:

Boston lawyer David A. Barry, who has represented both plaintiffs and defendants in product liability cases, called the decision a straightforward application of the doctrine of res ipsa loquitur in the medical-device context.

Res ipsa loquitur is particularly applicable in cases, like this one, of alleged manufacturing as opposed to design defect because under the circumstances a plaintiff would not otherwise be able to prove that the product was defective and therefore would be left without a remedy,” Barry said. “This is particularly true where, as here, the subject product is no longer available for examination or testing through no fault of either the plaintiff or the defendant manufacturer.”

Click here to read the full article.

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