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ESTATE OF LeMAY BY LeMAY v. ELI LILY & CO.

Civil Action No. 93-C-0142.

960 F.Supp. 183 (1997)

ESTATE OF Lyle L. LeMAY, by the personal representative, Dolores A. LeMAY, and Dolores A. LeMay, individually, Plaintiffs, and Wisconsin Auto & Trust Dealer Association, Inc., a domestic corporation as sponsor and administrator of Wisconsin Auto & Truck Dealer Association, Inc. Insurance Trust, a multiple employer trust domiciled in the State of Wisconsin, and Prudential Insurance Company of America, a foreign corporation, Subrogated Parties, Plaintiffs, v. ELI LILY & CO. and Cardiac Pacemakers, Inc., Defendants.

United States District Court, E.D. Wisconsin.

April 9, 1997.

Attorney(s) appearing for the Case

Paul Gagliardi, Gagliardi & Associates, Salem, WI, for Plaintiffs.

Patricia K. McDowell, Quarles & Brady, Milwaukee, WI, for Subrogated Parties.

Charles H. Bohl, Pamela M. Schmidt, John Spector, Whyte, Hirschboeck & Dudek, Milwaukee, WI, for Defendants.

DECISION AND ORDER

REYNOLDS, District Judge.

Cardiac Pacemakers, Inc. ("CPI") manufactured a pacemaker that doctors placed in Lyle L. LeMay ("LeMay"). After 15 months, one of the pacemaker's leads fractured, and the doctors had to replace the pacemaker. LeMay died of complications from the second surgery. LeMay's estate and his wife ("the LeMays") sued the defendants under a variety of tort theories. They alleged that CPI negligently designed the pacemaker...

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