A state judge has ruled that a maker and distributor of surgical equipment cannot copy the hard drive of a Long Island man's personal computer to determine if the man and his now-deceased wife reviewed the company's website prior to the use of their product in her fatal back surgery.
In denying the discovery request, Supreme Court Justice Karen V. Murphy in Nassau County pointed to potential violations of attorney-client privilege and questioned if the requested material was "material and necessary."
"[T]he risks associated with the proposed fishing expedition are many, including but not limited to, the likely violation of the right to the confidentiality of attorney-client communications," Murphy wrote in DeRiggi v. Kirschen, 20753-2008.
Jason DeRiggi is the widower of 30-year-old Patricia DeRiggi, who died during a July 2008 out-patient procedure for lower back pain. He is seeking unspecified damages for medical malpractice, products liability, and wrongful death against the doctors, their practices, and the equipment's manufacturer and distributor.
Mr. DeRiggi has accused HydroCision, and New York Spinal Implants of negligent design, manufacture, and distribution, as well as failure to warn of the risks associated with the "Spine Jet HydroDiscectomy System" used in his wife's procedure. HydroCision is the manufacturer. Spinal Implants is the distributor.
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Source: Law Technology News
By: Andrew Keshner
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