Kubicki v. Medtronic

307 F.R.D 291 (2014)

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Nature of the Case

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Facts

Kubicki (Ps) allege that on September 9, 2007, Caroline suffered permanent brain damage as a result a hypoglycemic event (over delivery of insulin), caused by her use of the Medtronic MMT-522 Pump in conjunction with the Paradigm Infusion Set Model MMT-396 ('the 396 Infusion Set'), a device designed to connect an insulin pump to an individual's body. Ps assert liability against Ds in negligence, strict liability, express warranties, failure to warn, punitive damages, and damages. Ps sought discovery related to all of the insulin-infusion devices that D had manufactured since 1999. Ps wanted information on all the devices product to include post-manufacture and post-injury remedial events and measures; communications and interactions with foreign regulatory agencies; sales, market share, and profit information; and adverse events. The parties were unable to reach any final agreement as to discovery. D contends that, although it to 'consider a request for adverse event information tailored to the devices and claims at issue in the case,' Ps rejected its proposal and instead insisted on 'all adverse events for all models of insulin pumps in the Paradigm family, and all models of Paradigm Quick-set infusion sets, for a period covering 15 years.' D contends that, although it provided Ps with an additional outline of its proposal, Ps did not respond and instead filed the instant motion.