Supreme Court of Connecticut affirmed trial court’s ruling that hospital was not a product seller of pelvic mesh sling and not liable under Connecticut Product Liability Act.

A patient brought a product liability claim pursuant to the Connecticut Product Liability Act (CPLA) against the hospital where a pelvic mesh sling was surgically implanted, alleging the mesh sling caused her discomfort and ultimately required its surgical removal. The hospital filed a motion for summary judgment arguing, inter alia, that the plaintiff’s product liability claim must be dismissed as the hospital was not a seller of the pelvic mesh sling. The trial court granted summary judgment in favor of the hospital, finding that the hospital was not a product seller of the pelvic mesh sling. The Supreme Court of Connecticut, in affirming the trial court’s decision, reasoned that a plaintiff alleging a violation of the CPLA must establish and prove that the defendant was engaged in the business of selling the product and the defect existed at the time of the sale. Here, the hospital was not a product seller of the pelvic mesh sling and, thus, was not liable under the CPLA. Notwithstanding the fact that the hospital’s website described the options available to treat incontinence, including the pelvic mesh sling, along with the associated risks, and the hospital billed the patient a significant upcharge for the pelvic mesh sling, the hospital was not found to be a product seller of the pelvic mesh sling. The focus of the analysis is to determine the “essence of the transaction” between the parties, which was to furnish medical services. The fact that the hospital may profit from providing the sling does not render the hospital a product seller; rather, the hospital bills patients primarily for medical services rendered, not products.

^{Case Law Alerts, 4th Quarter, October 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}