Freedman v. Medtronic, Inc.

I would reverse and grant defendant’s motion for summary judgment.

Plaintiff seeks damages for injuries resulting from an allegedly defective pacemaker device manufactured by defendant. Two causes of action are pleaded, sounding in negligence and strict products liability. This appeal involves only the timeliness of the action.

A pacemaker device manufactured by defendant was surgically implanted in plaintiff in October, 1983. Shortly after implantation, plaintiff complained of palpitations. In March of 1984, surgeons attempted to correct the malfunction. They determined that the pulse…