Category Archives: Sales Representatives

California Court of Appeals – No Breach of Duty for Medical Device Representative in the Operating Room

The California Court of Appeals upheld a lower court’s finding that the presence of a medical device manufacturer’s sale representative in an operating suite does not alone give rise to a duty of care to the patient.  Smith v. St. Jude Med., Inc., 217 Cal. App. 4th 313 (Cal. Ct. App. 2013).  The court also upheld the finding that the manufacturer’s sales representative was not a proximate cause of the injury.  In Smith, a woman died following cardiac pacemaker surgery from a…

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