4th Circuit Asks West Virginia High Court To Rule On Alternative Design Standard

Mealey's (May 18, 2023, 11:45 AM EDT) -- RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals has asked the West Virginia Supreme Court of Appeals whether the state’s new pattern jury instructions (PJIs) for strict liability design defects in civil cases requires a plaintiff to prove both that an alternative design exists and that the alternative design must eliminate the risk of harm to the patient....