In the late nineties, Jumpstarter, Inc. became aware that its product Jumpstart I-- a pacemaker designed to regulate heartbeat within the body -- had begun to fail when the temperature rose to above normal body temperature. The company asked hospitals with unused units of Jumpstart I to return them for credit and advised doctors to remove any Jumpstarter I products that had been implanted in patients.

Bob Hartley required several major open chest surgeries to correct problems that occurred because of the Jumpstart I.    After settlement negotiations broke down, Hartley sued Jumpstarter, Inc. Hartley claimed that the Jumpstart I could have been made safer through inexpensive tests and use of an alternative design.

a. Plaintiffs: Develop a case for Hartley. On what theory can he recover from Jumpstarter, Inc.? What should his damages be?

b. Defendants: What defenses can you assert for Jumpstarter Inc.?

c. Everyone: Who will win? Is it ethical to recall a product and fight a lawsuit at the same time?

Be sure to support your views with the facts of the case and legal theory.