Court Grants Medical-Device Client's Motion for Non-Suit


Shook, Hardy & Bacon represented Guidant Corp. in a case in which a plaintiff claimed company clinical representatives, who observed a surgery, were responsible for the surgeon’s faulty connection of device leads in an implantable cardioverter defibrillator. Having no evidence that the manufacturer defendants or the Guidant representatives were responsible for the lead reversal, a Pennsylvania County judge granted Guidant’s motion for non-suit (directed verdict) at the close of the plaintiff’s case.

Law 360 discussed the case in an article, “Guidant Found Not Liable in Shocking Pacemaker Suit,” which quoted Shook Partner Matt Keenan as saying, “[The clinical representatives] have a very clear role. And it is not to practice medicine.”

Kirkwood v. Mahar, No. 07-015818 (Pa. Ct. Com. Pl., Allegheny Cnty. 2009).