JumpstarterIn the late nineties, Jumpstarter, Inc. became aware that its productJumpstart I– a pacemaker designed to regulate heartbeat within the body — hadbegun to fail when the temperature rose to above normal bodytemperature. The company asked hospitals with unused units of Jumpstart Ito return them for credit and advised doctors to remove any Jumpstarter Iproducts that had been implanted in patients.Bob Hartley required several major open chest surgeries to correct problemsthat occurred because of the Jumpstart I. After settlementnegotiations broke down, Hartley sued Jumpstarter, Inc. Hartley claimedthat the Jumpstart I could have been made safer through inexpensive tests anduse of an alternative design. a. Plaintiffs: Develop a case for Hartley. On what theorycan he recover from Jumpstarter, Inc.? What should his damages be?b. Defendants: What defenses can you assert for Jumpstarter Inc.?c. Everyone: Who will win? Is it ethical to recall aproduct and fight a lawsuit at the same time?
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