Mers v. Intermedics, Inc.

tiff had a pacemaker implanted by his physician on October 28, 1981. Less than one month later, on November 24, 1981, the pacemaker was replaced and removed as defective. In its limited warranty covering the product, Intermedies required that any explanted pacemakers be returned to the company. They also become the property of the company. Plaintiff’s counsel informed defendant of the circumstances surrounding removal of the pacemaker by letter dated March 9, 1982. In this letter, counsel also stated that: “We believe that we can effectively resolve the matter at hand at the claims level and…