Moze Cowper Wins Oral Argument in front of Judge Berle

Cowper Law LLP is one of three law firms leading the litigation against Medtronic as a result of recalled 600 series Insulin Pumps.  The recalled pumps have a broken retainer ring that when damaged can improperly deliver insulin to a patient leading to diabetic ketoacidosis, a coma, or death.

After oral argument by Moze Cowper in front of Judge Elihu M. Berle in Los Angele Superior Court, the Judge ruled that plaintiffs have the right to communicate and share critical documents with their own physicians prior to a deposition without the involvement of defense counsel.  The Judge also ruled that plaintiff’s counsel may communicate with Medtronic’s former employees so long as they are not represented by counsel, have signed a protective order, and do not disclose attorney-client privileged information.


Lawyers for Medtronic filed a motion that sought to essentially eliminate “ex parte” communication between Medtronic victims and their own treating physicians. This motion also sought to prevent plaintiff’s counsel from communicating with former Medtronic employees even if they were not represented by counsel or had previously signed a NDA.


Medtronic argued that plaintiff’s counsel should not be able to communicate with their own client’s treating doctors unless counsel for Medtronic was literally in the room. They claimed that these “ex parte” communications were not only unfair, but also lawfully unsound because they allowed plaintiff’s counsel to unduly influence the physician’s future testimony.


The Court held that so long as all involved parties agree to be bound by a Protective Order, victim-to-doctor and communications with former employees do not foster an atmosphere of prejudice against Medtronic. Previous courts have acknowledged that most doctors regard attorneys with a healthy suspicion and are also more concerned with their own patient’s health than in taking sides in a courtroom.

If you have been injured while on a Medtronic 600-Series pump, please call Cowper Law LLP at 877.529.3707 for a free consultation.