Essay on "Product Liability Is an Area"

Essay 2 pages (623 words) Sources: 4

[EXCERPT] . . . .

Grimm's causation testimony. The Court of Appeals reviewed the complete case and concluded that the Trial Judge erred when it excluded Dr. Grimm's opinion testimony about causation. The Appellate Court believed that it was up to the Jury to decide the relative merits of opinions and conclusions reached by acknowledged expert witnesses. The Decision of the Court of Appeals is affirmed, the judgment of the Circuit Court is reversed, and the case is remanded to the Circuit Court for further processing (NAPIL, "Jennings," 2000).

Analysis -- The issues in Jennings v. Baxter certainly surround personal injury and product liability -- is it the fault of the manufacturer if something goes wrong with its product. Clearly, in a product designed to be implanted into the human body, not only is there an expectation of reliability, but a clear need for safety over a long period of time. Jennings v. Baxter, however, was more about whether testimony could be entered if an expert had not yet published their findings in peer reviewed journals. It was also interesting that the defendant's claimed that Mrs. Jennings's symptoms were the result of fibromyalgia, which is clinically impossible to prove or disprove at present. The original Court was conservative about the admission of testimony, but the Appellate Court more open to say that if there is a substantive, in this case almost 50 cases, review then the expert may make judgments regarding trends and patterns that are scientifically verifiable. Something caused Mrs. Jennings's issues, and the only sound cause appeared to be the leaking silicone from a defective breast implant.

WORKS CITED or CONSULTED

Baldwin, P., et.al., eds. (2009). Product Liability Case Digest, 2009-10. Frederick, MD:

Aspen Publishers., Page 323.

Golden, R.L. (2000). Product Liability Prevention: A Strategic Guide. Milwaukee, WI:

ASQ Quality Press.

NAPIL. (2000). Jennings v. Baxter Healthcare Corporation.… READ MORE

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