Bush v. Thoratec Corp.

FINDINGS OF FACT & CONCLUSIONS OF LAW

ELDON E. FALLON, District Judge.

I. PROCEDURAL HISTORY

Plaintiff Diana Robles Bush (“Mrs. Bush”) brings this case on behalf of her deceased husband, Pete Bush (“Mr. Bush”). Mr. Bush was a recipient of the Thoratec HeartMate II left ventricular assist system (“LVAS”), a surgically implanted heart pump manufactured by now-dismissed Defendant Thoratec Corporation (“Thoratec”). It was implanted by the Hunter Holmes McGuire VA Medical Center (“McGuire”), a facility operated by Defendant United States, and Mr. Bush received follow-up care at both McGuire and at…