In a certified class action concerning contaminated heater-cooler systems used in open-heart surgery, the defendants brought a motion seeking directions to prohibit Class Counsel from providing medical advice or information to class members about the infection risk.
The court dismissed the motion, holding that it is not the defendants' or the court's role to altruistically protect class members from their own lawyers' communications, nor should the court preemptively regulate medicolegal advice given by Class Counsel to gather evidence and prosecute the case.
