Medtronic Sues Aquarium Manufacturer for Faulty Wiring
As most of you Liliputs will know, Medtronic is the company that earned fame--or whatever--for its success in the Riegel case involving device preemption. That case involved a balloon catheter Medtronic manufactures. Meanwhile, Medtronic is dealing with a number of other suits charging faulty wiring in the pacemakers they manufacture. Presumably, in those cases, too, the company is likely to be shielded by FDA preemption.
It is with some irony, therefore, that we learn that Medtronic has filed suit against Petco for manufacting aquaria that themselves have alleged faulty wiring. As reported, the problem is not that the resident fish will die as a result. Indeed, it appears there were no fish in the aquarium at the time. It is rather that alleged faulty wiring caused a fire that, in turn, caused the sprinkler system to go off. A squishy mess ensued (so to speak).
Here is the report:
As far as we know, aquaria are not pre-approved by FDA and thus do not have to go through the exacting and agonizing process in which FDA provides its optimal scientific weighing and measuring of risks and benefits. Nor do we assume that lay juries are capable of swimming their way into the complexity of aquaria. After all, all liquids have dangers. Particularly, if you are not a fish.
Meanwhile, at the corporate headquaters, we hope that nothing else was short-circuited. Especially integrity.