O'BRIEN v. MEDTRONIC, INC.

No. 88-1802.

149 Wis.2d 615 (1989)

439 N.W.2d 151

Patrick E. O'BRIEN and Nancy O'Brien, his wife, Plaintiffs-Appellants, BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, Plaintiff, v. MEDTRONIC, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 14, 1989.


Attorney(s) appearing for the Case

For plaintiffs-appellants there were briefs by I. Gregg Curry IV of McCarty, Curry, Wydeven, Peeters & Riester, of Kaukauna.

For defendant-respondent there was a brief by William J. Corrigan of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd., of Appleton.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

Patrick and Nancy O'Brien appeal a judgment and order dismissing their complaint against Medtronic, Inc. The O'Briens contend that the trial court erred by concluding that they could not recover damages incurred when Patrick had a Medtronic pacemaker lead implanted in his chest replaced even though his lead appeared to be operating properly. The trial court found there was no evidence that his original unit was defective, that it had not at any time malfunctioned...

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