A jury in Indiana’s St. Joseph County Superior Court handed Boston Scientific Corp. subsidiary Guidant a win when it ruled that it’s not liable in the death of a 14-month-old girl whose pacemaker failed, the South Bend Tribune reported.
Samantha McGookin died July 9, 2005, after the failure of the pacemaker implanted to control her brachycardia, made by Indianapolis-based Guidant. Boston Scientific acquired Guidant in 2006.
The suit alleged that Guidant did not adequately test the device in young children, knew it was subject to failure and failed to notify the family of the risk.
But the jury, after a nine-hour deliberation, sided with Boston Scientific’s claims that the child’s parents could not prove its conduct caused the pacemaker to fail and that it adequately notified doctors of the risks via the device’s labeling.
“This is the most complex case I’ve tried in my nine years as a judge,” Judge Michael Scopelitis said, according to the newspaper. “I know the jury really worked hard and struggled with this. I could see it in their faces.”