In the first lawsuit stemming from the superbug outbreak at UCLA , an 18-year-old patient accused a major healthcare device maker of negligence for selling a medical scope prone to spreading deadly bacteria.
Not surprising that litigation has already commenced based upon personal injury suffered by a patient who caught a so-called “superbug” from an allegedly defective scope. In California, medical negligence claims usually have many restrictions including caps on certain types of damages. However, product liability claims like this one will likely not be subject these limits as the scope of the claims would be outside the parameters of the Medical Insurance Compensation Reform Act (MICRA). I expect more lawsuits will probably follow against the manufacturer of these medical devices given that they have allegedly resulted in multiple infections including fatalities.