No Legal Duty On Part Of Supplier Of Pacemaker.

In a wrongful death action, the family of the decedent brought an action against the supplier of a pacemaker. During the implantation of the pacemaker, at which the pacemaker sales person was present, the decedent’s right atrium and ascending aorta were perforated and she died shortly after surgery. The trial court granted summary judgment. The appellate court affirmed, noting the sales person did not instruct, or direct, the doctor where, or how, to implant the leads. Smith v. St. Jude Medical, Inc. (Cal. App. First Dist., Div. 5; June 19, 2013) 217 Cal.App.4th 313, [158 Cal.Rptr.3d 302].