1.        Why would this be a good strict liability case?
2.        Why didn’t they just sue for malpractice?
1.        Fault does not have to be proven for this and also they probably couldn’t find an expert to say the doctor did something wrong.
3.        How did the court read the fact that she said he was a distributor?
1.        Medicine uses a lot of devices, like sutures, etc.  If the device is supplied and is necessary for the procedure, then this falls under 4590i and physician service.  Important is the fact that the doctor did not charge the patient for the implants.  If it a circumstance where a doctor is selling herbal substances and you buy some unrelated to your reason for visiting, then there is an argument that the doctor is a distributor.
2.        Is the device used necessary for the procedure or the treatment that the patient came to receive?  If so, then the doctor and hospital will be treated the same? no liability.