Garey
Garey v. St. Jude Medical CA2/2
Opinion
Opinion
Chavez, J.
BACKGROUND
Appellants’ complaint Appellants are the survivors of Philip Garey, who suffered from an arrhythmia or irregular heartbeat. Garey’s heart condition required him to receive his first implantable cardiac defibrillator (ICD) in 2006 to regulate his heartbeat. In August 2017, Garey was rushed to the emergency room when he began experiencing distress to his heart from shocks from the ICD. Garey died the next morning at the hospital. In August 2019, appellants sued the Abbott Defendants and Raymond Schaeref. Appellants filed a second amended
Abbott Laboratories, Inc., was sued as “Abbott Laboratories, Inc. d/b/a Abbott Sales, Marketing & Distribution Co.” (Capitalization omitted.) All undesignated statutory references are to the Code of Civil Procedure.
2 complaint (SAC)3 in June 2021, naming respondent St. Jude Medical, LLC, as a defendant. Appellants asserted causes of action for product liability–negligence, failure to warn, product liability–manufacturing defect, breach of implied warranty, wrongful death, and survival action against the Abbott Defendants and respondent. Appellants alleged the software in Garey’s ICD malfunctioned and began reading his…