WHEELING – A New Martinsville man claims he suffered from near death incidents for nearly two years because Medtronic failed to activate his pacemaker.

Roger L. Hall filed a lawsuit Jan. 19 in Marshall Circuit Court against the corporation, alleging he continued to experience major episodes of irregular heartbeat even after doctors inserted a pacemaker into his heart.

Hall claims doctors at Reynolds Memorial Hospital installed a pacemaker in Hall's heart on April 23, 2004, to stabilize Hall's heartbeat and to ensure it did not cease beating.

However, Hall's heart quit beating several times after the pacemaker's installation, and others had to administer CPR to save Hall's life, the suit states.

Finally, on Jan. 14, 2008, a Medtronics representative discovered the pacemaker had never been activated and corrected the problem. Since then, Hall has been able to live a normal life, the complaint says.

Hall seeks an unspecified judgment, plus costs, pre-judgment interest and other relief the court deems just.

Medtronic removed the case to U.S. District Court for the Northern District of West Virginia, alleging it belonged in federal court because diversity of citizenship exists between Hall, a West Virginia resident, and Medtronic, a Minnesota corporation. Hall also meets the amount in controversy requirement for federal cases as he seeks more than $75,000, Medtronic claims.

Roger R. Weese of Weese Legal Services in New Martinsville will be representing Hall.

Paula L. Durst of the Spilman Center in Charleston will be representing Medtronic.

U.S. District Court case number: 5:10-cv-19

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