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Posted: April 30th, 2020
Make a Case Study for Bob Hartley and Jumpstarter
Question description
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 of Jumpstart 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?
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