an issue, the federal court must predict how the state’s highest court would resolve the issue by “relying on guidance from analogous decisions in other states and other legal authorities.” Stratford Sch. Dist., S.A.U. Dist. No. 58 v. Emp’rs Reins. Corp., 162 F.3d 718, 720 (1st Cir.1998). There is a split of authority in other jurisdictions as to whether a hospital can be liable for breach of warranty when it supplies a defective medical device to a patient in the course of providing medical services and treatment. 35 Mass. Practice § 6:14 (2d ed. 2009). A number of federal courts have held that a hospital cannot be subject to strict liability because it is not a seller or distributor of medical devices. See, e.g., Vergott v. Deseret Pharm. Co., 463 F.2d 12, 16 n. 5 (5th Cir.1972) (<HOLDING>); Roell v. Stryker, No. 3:06-cv-443, 2007 WL
holding that physicians as agents of the hospital are indistinguishable from the hospital for immunity purposes under the lgaa holding that a company providing administrative purchasing and financial services to a hospital was not a hospital and thus could not be held directly liable under emtala holding that a hospital cannot be strictly liable under texas law for a defective catheter because a hospital is not a seller engaged in the business of selling the product holding that care of the grounds was part of the business of the hospital holding that because the contract between the hospital and the health insurance company had a hold harmless provision which stated the hospital would not bill or hold insurance subscribers liable for any hospital expenses covered by the subscribers insurance contract and all expenses from the patients treatment for the automobile accident were covered in such contract there was no debt upon which the hospital could assert a lien pursuant to the states hospital lien statute