Jumpstarter Case
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.
Defendants: What defenses can you assert for Jumpstarter Inc.? (couple of PARAGRAPHS WITH REFERENCES)
Please use the folowing references
Bagley, C. E. & Savage, D. (2010). Managers and the legal environment: Strategies for the 21st century (6th ed.). United States: Cengage Learning.
Kaplan, H. L., Sayler, S. W., & Thomas, S. M. (1994). Third Restatement: new prescription for makers of drugs and medical devices. Defense Counsel Journal, (1).