Borskey v. Medtronics, Inc.
United States District Court for the Eastern District of Louisiana
1998 WL 122602 (1998)
- Written by Mary Phelan D'Isa, JD
Facts
Named plaintiffs in consolidated mass-tort actions sought class-action certification for a nationwide class for their claims against manufacturer Medtronic, Inc. (defendant) regarding the malfunction of two models of Medtronic’s infusion pumps. The plaintiffs alleged the pumps quit working when the plaintiffs were administered the drug Demerol to control their pain. Medtronic contested the plaintiffs’ discovery requests made to support the plaintiffs’ attempt to certify the class. Medtronic argued that the requests were overly broad and sought information about a class that could never be certified. In response to the plaintiffs’ motion to compel the requested discovery, Medtronic argued that any possible class that the plaintiffs could certify should be limited to potential plaintiffs who shared the same alleged characteristics as the named plaintiffs. Those potential plaintiffs only included Louisiana residents who had been implanted with a Medtronic pump model 8615 or 8611 that failed and had to be surgically removed when Demerol was administered. The plaintiffs sought discovery for a nationwide class to include all United States residents who had an implanted Medtronic pump fail when Demerol was administered.
Rule of Law
Issue
Holding and Reasoning (Fallon, J.)
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