Claiming he had a defective product, a Texas heart patient is suing the manufacturer of his cardiac defibrillator.
Preston McKee filed suit against Pacesetter Inc. and St. Jude Medical Inc. on May 20 in Hardin County District Court. The defendants removed the case to the Eastern District of Texas, Beaumont Division on June 25.
McKee underwent surgery for the installation of a cardiac defibrillator in January 2005.
He claims that he experienced problems from the product which caused pain and extreme anxiety, hospitalization and surgery for removal and replacement. The product was replaced in August 2008.
McKee states that the product was defective and unreasonably dangerous for its intended use. Further, he argues that there is a safer alternative design that would have prevented or reduced the risk of his injuries.
The defendants are accused of strict liability and negligence for failing to properly design, manufacture, market and inspect the product and warn the plaintiff of the product's defectiveness.
McKee is seeking damages for physical pain and mental anguish, physical impairment, medical expenses, loss of earning capacity, lost earnings, interest, and court costs.
Beaumont attorney B. Adam Terrell of Weller, Green, Toups & Terrell is representing the plaintiff. Jury trial requested.
U.S. District Judge Thad Heartfield is assigned to the case.
Case No. 1:10-cv-00368