Kubicki v. Medtronic
United States District Court for the District of Columbia
307 F.R.D. 291 (2014)
Caroline Kubicki suffered permanent brain damage in 2007 after a medical pump delivered excessive insulin, and her parents (plaintiffs) sued the pump's manufacturers, including Medtronic, Inc. (defendant), alleging negligence, breach of express warranties, and strict liability. The Kubickis sought discovery of every insulin-infusion device Medtronic had manufactured since 1999, including post-manufacture remedial measures, communications with foreign regulators, sales and market-share data, and adverse-event reports. Medtronic refused, arguing Caroline's specific pump model was very different from earlier and later models and the requested information was thus irrelevant, and the Kubickis moved to compel discovery.
Whether, pursuant to Federal Rule of Civil Procedure 26(b)(1), a court may define and limit the scope of permissible discovery.