Artiglio

adjudication made by the judge in charge of coordinated cases, given the coordination title of “Breast Implant Cases.” The court ruled that the plaintiffs could not state a cause of action for strict liability based on design defect. This ruling is challenged on a number of grounds as discussed hereafter. Writ review of the order is authorized by Code of Civil Procedure section 437c, subdivision (/).

The great number of claims administered in common in this coordinated proceeding were originally based upon individually filed complaints. The coordination process has resulted in an amalgamated standard complaint representative of all interests called the “Master Complaint.” The Master Complaint alleges liability on the part of the defendants on a number of bases, including such theories as negligence, breach of warranty, medical malpractice, etc. The only cause of action which is the subject of this order of summary adjudication is the cause of action for strict liability. The trial court granted the motion for summary adjudication, ruling that “implanted medical devices, such as the mammary prostheses involved in these coordinated cases, are exempt from strict ‘design…