Estate of Ravizza v. St. Judge Medical CA2/4

INTRODUCTION

In October 2011, Kenneth Ravizza received an “implantable cardioverter defibrillator,” or “ICD,” a medical device used to correct abnormal heart rhythms. In July 2018, Ravizza suffered a fatal cardiac arrest while driving. His estate and family sued the manufacturers of Ravizza’s ICD, claiming the ICD malfunctioned due to a manufacturing defect. Respondents St. Jude Medical, LLC (St. Jude) and Pacesetter, Inc. (Pacesetter) moved for summary judgment, arguing Ravizza’s ICD had no manufacturing defect. St. Jude and Pacesetter supported the motion in part with testimony from an expert witness, who relied on a report from an inspection of the ICD conducted by St. Jude. In response, plaintiffs asked the court to continue the hearing on the motion so they could have their own expert inspect the ICD. The trial court denied this request and granted summary judgment. We conclude the trial court erred in failing to grant the continuance, and therefore reverse.

FACTS AND PROCEDURAL BACKGROUND

Ravizza was a sports psychologist who worked with and for several Major League Baseball teams. In 2011, his surgeon, Matthew Ostrom, implanted an ICD. When functioning properly, an ICD…