Amended Memorandum Opinion, Order and Recommendations
This products liability case presents the issue of whether, pursuant to Rule 26(g), Fed. R. Civ. P., sanctions should be imposed on defendants which failed, in a timely manner, to produce discovery material relating to other similar incidents involving its product. The plaintiffs also raise other issues respecting the defendants’ conduct. The product in this case is a Proximate ILS Curved Intraluminal Stapler (model CDH29) (“the stapler”), used in a colosotomy reversal to fasten the descending colon to the rectum, a procedure called “anastomosis.” The plaintiffs’ complaint alleges that the stapler “malfunctioned and failed to discharge any staples, resulting in perforation of the colon and necessitating further surgical and other medical treatment.” (Complaint, ECF No. 1-1, at 4.) More specifically, the complaint asserts that the stapler was not loaded with staples prior to distribution.