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Abstract

Most jurisdictions preclude strict product liability claims against medical care providers. These jurisdictions have held, generally, that health care professionals do not sell medical products used pursuant to courses of medical treatment as is required under the products liability doctrine generally defined by Restatement (Second) of Torts § 402A and adopted, with modification, a majority of states. However, the Missouri Court of Appeals, in Bell v. Poplar Bluffs Physicians Group, held strict products liability does apply to medical care providers. The purpose of this Note is to analyze the Bell decision in light of both (i) the policies and purposes to be served by strict products liability and (ii) the magnitude of contravening law in Missouri and elsewhere regarding the application of this doctrine to the medical profession.

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