Judge Allows Pacer Box Suit to Proceed Against Medtronic

PITTSBURGH - A Pennsylvania federal judge has denied Medtronic Inc.'s motion to dismiss a suit involving the alleged malfunction of a pacer box, finding issues of fact as to whether the applicable statute of limitations was tolled by plaintiffs' difficulty in identifying the manufacturer of the device. Riley v. Medtronic Inc., No. 2:10-01071 (W.D. Pa.).

On Aug. 8, Judge Nora Barry Fischer of the U.S. District Court for the Western District of Pennsylvania also ruled that an issue of fact exists as to whether the pacer box was a prescription medical device subject to comment k of Section 402A of …