3D Printing of Medical Devices: CAD Designers as the Most Realistic Target for Strict, Product Liability Lawsuits

Abstract

The potential framework for tort liability for the 3D printing of medical devices is highly questionable. Strict liability, which is traditionally applied in the products liability landscape, is not easily applied in the context of 3D printing of medical products. This problem becomes increasingly troublesome when one considers that experts predict that the first wave of consumers will suffer grave injuries as a result of defects in these medical products. This paper proposes that the CAD designer of a CAD blueprint should be held strictly liably for defects arising out of its designs. Hospitals and 3D Printer Manufacturers should be held liable only under negligence standards. This paper is a take-off of an earlier teaser previously published in the Yale Journal of Law and Technology Blog with Jasper L. Tran.