The Illinois Supreme Court decided whether a patient could bring a cause of action for breach of the UCC implied warranty of merchantability against a hospital for implanting a defective medical device during surgery. While the device was considered a good under the UCC, upon applying the predominant purpose test, the court held implanting the device was predominantly a transaction for services. The medical treatment was the primary purpose of the transaction and purchasing the device was indicental to the treatment. Therefore, Article 2 of the UCC did not apply and no implied warranty of merchantability claim was available. Brandt v. Boston Scientific Corp., No. 93982 (Il. S.Ct. June 5, 2003).
