JOSEPH GABRIELE, Individually and as Representatives for all others similarly situated and the General Public. This is a national class action against:

GUIDANT CORPORATION

on behalf of all those who allege to have had certain heart defibrillator devices installed in their body. Certain defibrillators manufactured by GUIDANT have an electrical flaw that causes the defibrillators to potentially short-circuit. In April 2002 GUIDANT changed its manufacturing procedures in an effort to eliminate the short-circuiting problem, without reporting the changes to the FDA. Defendant continued to place into the stream of commerce defibrillators that were manufactured prior to April 2002 and/or which had the short-circuiting problem. The suit asks for an equitable relief, exemplary damages, consequential damages, compensatory damages, restitution, attorneys fees, and costs of suit.