[nourse]

This is the opposite of true in that US patent law forbids even personal use but most European jurisdictions permit it.

[mhb]

It doesn't forbid it. It enfringes on the patent and the holder can sue for damages.

[dillonmckay]

Force majeure.

[pnw_hazor]

In the US:

FM is between parties to a contract. FM clauses allocate the risk of unforeseen events to the parties as per the language in the contract.

If FM is in play at all, it would probably protect the manufacturer by relieving it of its promise (if any) to provide the valves.

Note, I have no idea how contract law works in Italy or the EU.

However, in this case, there is probably an Italian or EU law that shields the hospital from liability. Especially if the hospital is part of a government health system. (The US has such laws)

[dredmorbius]

???

[Recursing]

https://en.wikipedia.org/wiki/Force_majeure

I think "Necessity" is more applicable https://en.wikipedia.org/wiki/Necessity_(criminal_law)

In italian: "Stato di necessità" https://it.wikipedia.org/wiki/Stato_di_necessit%C3%A0

Rough translation: Cannot punish someone for something if he did it to save himself or others from a grave damage, due to a danger he did not cause voluntarily, and not avoidable in other ways, if the thing done is proportional to the danger

(IANAL)

[LeoTinnitus]

Plus lets be honest (not sure if civil law still has jury trials), NO jury, not even if they imported a single person from several random countries would convict them. Not a single one.

[Recursing]

Jury trials in Italy are only for the gravest crimes (like some murders)

[dredmorbius]

Thanks.