Nature of the Case
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Facts
D manufactured pacemakers. P got one of D's pacemakers implanted. It turns out that D's pacemaker was defective but it had yet to fail. P sued D for emotional distress from a fear of failure of her unit. The complaint alleged negligence, products liability, breach of warranty, and fraud. P also sought money damages and a program to monitor the health of class members. P moved for class certification of the tens of thousands of recipients of D's product.
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