CONFIDENTIAL V. CONFIDENTIAL
Plaintiff brought a claim for the wrongful death of her husband, who died after being exposed to a rare bacterial during open heart surgery three years earlier. Decedent underwent an open-heart procedure, during which a medical device was used to cool and re-warm Decedent. Following the open-heart surgery, Decedent's health began to decline and more than two years after the open heart surgery, Decedent was diagnosed with a rare bacteria. Because Decedent's health was declining and his heart valve was stricken with infection, his surgeons decided to attempt to put in a new valve. Unfortunately, due to the advanced bacterial infection that had spread throughout his body, Decedent did not survive the attempted valve replacement surgery. Plaintiff contended that the medical device used to cool and re-warm Decedent during his open heart surgery was defective because it allowed for bacteria to collect, multiply, and form in the device and then be transmitted directly to patients undergoing invasive surgery through aerosolization, fluid leakage, or by other means.