Nichole Robinette, et al. v. Globus Medical

Salt Lake City, Utah personal injury lawyers represented the Plaintiff who sued the Defendant on a product liability law theory.



Globus Medical is a leading medical device manufacturer with the goal of improving the quality of life for patients with musculoskeletal disorders. We are inspired by the needs of these patients and by the surgeons and healthcare providers who treat them.



The "Utah Product Liability Act."



78B-6-702 Definition -- Unreasonably dangerous.



As used in this part, "unreasonably dangerous" means that the product was dangerous to an

extent beyond which would be contemplated by the ordinary and prudent buyer, consumer, or user

of that product in that community considering the product's characteristics, propensities, risks,

dangers, and uses together with any actual knowledge, training, or experience possessed by that

particular buyer, user, or consumer.

Enacted by Chapter 3, 2008 General Session



78B-6-703 Defect or defective condition making product unreasonably dangerous --



Rebuttable presumption.



(1) In any action for damages for personal injury, death, or property damage allegedly caused by

a defect in a product, a product may not be considered to have a defect or to be in a defective

condition, unless at the time the product was sold by the manufacturer or other initial seller,

there was a defect or defective condition in the product which made the product unreasonably

dangerous to the user or consumer.



(2) There is a rebuttable presumption that a product is free from any defect or defective condition

where the alleged defect in the plans or designs for the product or the methods and techniques

of manufacturing, inspecting and testing the product were in conformity with government

standards established for that industry which were in existence at the time the plans or designs

for the product or the methods and techniques of manufacturing, inspecting and testing the

product were adopted.



78B-6-704 Prayer for damages.



No dollar amount shall be specified in the prayer of a complaint filed in a product liability action

against a product manufacturer, wholesaler or retailer. The complaint shall merely pray for such

damages as are reasonable in the premises.



78B-6-705 Alteration or modification of product after sale as substantial contributing cause



-- Manufacturer or seller not liable.



For purposes of Section 78B-5-818, fault shall include an alteration or modification of the

product, which occurred subsequent to the sale by the manufacturer or seller to the initial user or

consumer, and which changed the purpose, use, function, design, or intended use or manner of

use of the product from that for which the product was originally designed, tested, or intended.

Settled for an undisclosed sum and dismissed with prejudice.