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McGOOKIN v. GUIDANT CORP.

No. 71A04-1001-CT-101.

942 N.E.2d 831 (2011)

Jodi McGOOKIN, as Mother of the Deceased, Samantha Arlene McGookin, Vicky McGookin, Jim McGookin, and Julian E. Smith, Appellants-Plaintiffs, v. GUIDANT CORPORATION, et al., Appellee-Defendant.

Court of Appeals of Indiana.

January 21, 2011.

Attorney(s) appearing for the Case

Robert J. Palmer , May Oberfell Lorber , Mishawaka, IN, Attorney for Appellants, Jodi McGookin, Vicky McGookin and Jim McGookin.

Jeffrey P. Hintermeister , O'Koon Hintermeister, PLLC, Indianapolis, IN, Attorney for Appellant Julian E. Smith.

Carl A. Greci , Baker & Daniels LLP, Lynn E. Kalamaros , Dane L. Tubergen , Hunt Suedhoff Kalamaros LLP, South Bend, IN, Robert T. Adams , Matthew D. Keenan , Shook, Hardy & Bacon LLP, Kansas City, MO, Attorneys for Appellee Guidant Corporation, et al.

OPINION

BAKER, Judge.

After their newborn daughter was diagnosed with a heart defect, was given a Guidant pacemaker, and tragically passed away at the age of fourteen months, the appellants filed a state law complaint against Guidant. Among other things, they argue that Guidant should have put specific warnings on the pacemaker labeling related to its implantation into pediatric patients. Because the label had been preapproved by the Food and Drug Administration...

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