Court Grants SHB Client Guidant Corp.’s Motion for Non-Suit

SHB Partner Matt Keenan 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 plaintiff’s case on September 15, 2009.

Law 360 discussed the case in a September 21, 2009, article titled “Guidant Found Not Liable in Shocking Pacemaker Suit.,” in which Keenan was quoted as saying, “[The clinical representatives] have a very clear role. And it is not to practice medicine.”

Keenan led the trial team that included SHB Partner Jane Bartley and Associate Mike Carroll.