Does a medical device sold by a hospital to a patient create an implied warranty between the hospital and the outside seller or representative?

Courts have held that a medical device sold by a hospital to a patient does not create an implied warranty between outside sellers or representatives. In Evreats v. Intermedics, a patient received a defective intraocular lens that was implanted in the patient's eye. Evreats, 29 Cal.App.4th at 788. The patient claimed a cause of action against the manufacturer. Id. The Evreats court held that the patient could not sue the manufacturer or distributor of the prosthetic, because there was no privity between the patient and manufacturer. Id. "[Plaintiff] relied upon his physician's skill or judgment to select or furnish a suitable product." Id.