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Michal v. PDK Labs9/18/2003
reasons, I conclude that the grant of summary disposition to the manufacturers was premature. Plaintiff may indeed have been able to establish that there were questions of fact regarding whether defendants Hammer and PDK/BDI complied with FDA standards such that the protections of MCL 600.2946(4) and (5) would not apply; whether a practical and technically feasible alternative production practice was available that would have prevented the harm, see MCL 600.2946(2); whether it was or should have been obvious to plaintiff's decedent that misuse of the products could result in death, see MCL 600.2948(2); and whether the warnings were adequate.
Helene N. White
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