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American Medical Systems v. Osborne
Citations: 651 So. 2d 209; 1995 WL 79781Docket: 94-04354
Court: District Court of Appeal of Florida; February 28, 1995; Florida; State Appellate Court
Petitioner American Medical Systems, Inc. (AMSI) seeks a writ of certiorari to quash a trial court's order compelling it to answer certain interrogatories in a products liability case concerning penile implants. The court grants the writ, finding the discovery order overbroad. The case involves the failure and partial replacement of two AMSI penile implants, specifically the AMS 700 Ultrex model. AMSI submitted two affidavits: one from a urology consultant present during the surgeries and another from a project leader detailing the significant design and performance differences between the AMS 700 Ultrex and other AMSI models. The plaintiffs argued for extensive records on the AMS 700 series, claiming the models operate similarly, invoking the precedent set in Caterpillar Industrial, Inc. v. Keskes, where the court emphasized the necessity of a connection between the discovery sought and the injury claimed. The court applies the Keskes standard, agreeing with AMSI that the plaintiffs did not provide sufficient evidence to justify the broad discovery request. The plaintiffs' analogy comparing the AMS models to a generic car model did not sufficiently counter AMSI's claims. The court concludes that should the plaintiffs provide evidence of substantial similarity among the models, the trial court could reconsider the issue. The court restricts the discovery order, directing that AMSI must only answer interrogatories related specifically to the AMS 700 Ultrex Penile Prosthesis. The decision includes a note on certiorari as a proper remedy for overbroad discovery orders. The trial court's specific interrogatories included requests for the total number of AMS 700 Penile Implants implanted and information on lawsuits related to alleged failures of the AMS 700 Implant, with provisions for protective orders.