5th Cir. Reinstates Design Defect, Warranty Claims in Medtronic Pacemaker Action

NEW ORLEANS — A 5th Circuit U.S. Court of Appeals panel has reinstated a lawsuit in which a Texas man alleges injuries caused by Medtronic’s temporary external pacemaker, ruling the claim for design defect was sufficiently pled.

On Dec. 6, the appellate panel further ruled there is a question of fact as to whether the breach of implied warranty claim is timely.

After being diagnosed with aortic insufficiency, Dennis Harrison underwent valve replacement surgery performed by Dr. Robert Hebeler. Following the procedure, Dr. Hebeler placed Harrison on a Medtronic external pulse generator (EPG). Harrison was then transferred to the intensive …