Litigation, insurance, and implantable devices: good-bye progress

Once the concept of strict liability was extended to cover defective product design, negligence was no longer truly an issue in a products liability case. The manufacturer must now design his product so that it will be "safe" when used for its intended purpose and must foresee any possible misuse that may be made of the product. As the doctrine of strict liability became prevalent throughout the United States, the cost of insuring against the potential of huge verdicts associated with products rose dramatically. The resultant increased costs borne by a manufacturer may eventually lead to fewer and fewer implantable devices being developed and placed on the market.