Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Florida Third DCA declines certiorari review of trial court order denying medical device manufacturer’s motion to dismiss plaintiff’s complaint for a pure bill of discovery regarding defendant’s pelvic mesh products

On December 11, 2019, in American Medical Systems, LLC, et al v. MSP Recovery Claims, Series LLC No. 3D19-1570, the Florida Third DCA denied certiorari review of a trial court order denying a medical device manufacturer’s motion to dismiss the plaintiff’s complaint for a pure bill of discovery. The plaintiff sought information concerning whether Medicare beneficiaries were implanted with the manufacturer’s pelvic mesh products. The manufacturer moved to dismiss the complaint, contending that that the plaintiff had failed to state a valid claim for a pure bill of discovery and lacked standing to bring the claim. The trial court denied the motion to dismiss and required the manufacturer to file an answer to the complaint but did not require the immediate production of the documents sought by the plaintiff. The Third DCA concluded that the appeal was premature because there was not yet a requisite showing of irreparable harm to justify certiorari jurisdiction.

Categories: