In a proposed class action alleging defective cochlear implants, the defendants moved for production of comprehensive medical records from the representative plaintiff and a putative class member.
The plaintiff had produced only limited medical records, asserting that other health issues were not relevant to the implant defect claim.
The court granted the defendants' motion, finding that the full medical records were necessary to assess issues of commonality, preferability, and negligence at the certification stage, particularly given the plaintiff's acknowledgment of co-morbidities and his disagreement with his physician regarding the source of his symptoms.
