JumpstarterIn the late nineties, Jumpstarter, Inc. became
Jumpstarter
In the late nineties, Jumpstarter, Inc. became aware that its product Jumpstart I a pacemaker designed to regulate heartbeat within the body had begun to
fail when the temperature rose to above normal body temperature. The company asked hospitals with unused units ofJumpstart I to return them for credit and
advised doctors to remove any Jumpstarter I products that had been implanted in patients.
Bob Hartley required several major open chest surgeries to correct problems that occurred because of the Jumpstart I. After settlement negotiations broke
down, Hartley sued Jumpstarter, Inc. Hartley claimed that the Jumpstart I could have been made safer through inexpensive tests and use of an alternative
design.
a. Plaintiffs: Develop a case for Hartley. On what theory can he recover from Jumpstarter, Inc.? What should his damages be?
b. Defendants: What defenses can you assert for Jumpstarter Inc.?
c. Everyone: Who will win? Is it ethical to recall a product and fight a lawsuit at the same time?