Transue v. Aesthetech Corp.
United States Court of Appeals for the Ninth Circuit
341 F.3d 911 (2003)
- Written by Emily Laird, JD
Facts
Lana Transue (plaintiff) was injured when her silicone breast implants ruptured, causing tissue death, scarring, pain, and alleged permanent silicone contamination. Transue underwent explant surgery to remove her silicone implants. The doctors then implanted saline implants in place of the silicone implants.. Transue sued Bristol-Meyers Squibb Co. and Medical Engineering Corp., Inc. (collectively, the implant manufacturers) (defendants) for products-liability claims of manufacturing defect, design defect, and failure to warn, as well as claims of breach of express and implied warranties, in federal district court. For Transue’s products-liability claims, the district court gave jury instructions solely on negligence, not strict liability. The jury found in favor of the implant manufacturers, finding that the implant manufacturers did not fail to use the negligence-based ordinary-care standard on each of Transue’s products-liability claims. Transue appealed to the United States Court of Appeals for the Ninth Circuit, alleging that the judge should have given a strict-liability jury instruction for her products-liability claims.
Rule of Law
Issue
Holding and Reasoning (Pregerson, J.)
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