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Vassallo v. Baxter Healthcare Corporation

(1998)

Massachusetts Supreme Judicial Court - 428 Mass. 1

tl;dr:

Plaintiff was injured by defective breast implants, manufactured by a company since bought by Defendant; Court holds that Defendant can only be held liable if it had actual or constructive knowledge of the risk of defects.

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Facts & HoldingVassallo v. Baxter Healthcare Corporation case brief facts & holding

Facts:Plaintiff claimed that silicone gel breast implants, manufactured by a...

Holding:The Court holds that Massachusetts should abandon its hindsight approach...

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Vassallo v. Baxter Healthcare Corporation | Case Brief DeepDive
Majority opinion, author: Greaney, J.
Level 1
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Baxter Healthcare Corporation and Baxter International, Inc. were held liable for negligently designing silicone breast implants and failing to provide adequate product warnings. The court affirmed the determinations of liability for negligence and violation of G. L. c. 93A. The defendants were aware of the risks of silicone gel breast implants before the plaintiff's surgery. The court changed the products liability law to conform to the majority rule for breach of warranty claims related to failure to warn of risks associated with a product. The judge allowed the plaintiffs' experts to testify on causation opinions regarding whether silicone gel breast implants can cause an atypical connective tissue disease, based on the testimony of an expert epidemiologist. The judge also allowed Dr. Batich's opinion on silicone degradation in the human body. The court did not decide whether the plaintiffs' expert opinions required analysis under the Lanigan standard for scientific reliability or if they could be accepted based on personal observations, clinical experience, or generally accepted scientific techniques. The judge correctly disallowed experts from testifying to out-of-court opinions without a specific exception to the hearsay rule. The judge allowed the defendants to use scientific studies and literature in cross-examination of the plaintiffs' experts. The judge did not err in her rulings on certain items of evidence related to the issue of notice to Heyer-Schulte of the safety of the gel implants.

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