Kilmer

BACKGROUND

22 Kilmer filed her complaint with allegations that her Medtronic-brand SynchroMed II 23 Programmable Implantable Infusion Pump System (“SynchroMed II Device” or “Device”) caused 24 her injuries when it twice failed to deliver prescribed medication as programmed and instead 25

27 1 In their briefing, the parties, including Defendants (responding as one), make no distinction between the Medtronic entities. Rather, the parties treat all four named Defendants as if they are a single “Medtronic” entity. The Court will delivered an opiate overdose. Doc. No. 1 (“Compl.”), ¶¶ 30, 35, 39. The Device is a programmable drug infusion system implanted in the body for drug delivery. Id., ¶ 11. It consists of an infusion pump connected to a thin, flexible catheter that attaches to the intrathecal space in the spinal canal. Id. In operation, an implanted Device delivers medication to the patient by way of a clinician-administered injection into the pump’s reservoir fill port. Id., ¶ 12. A battery- powered machine dispenses a programmed dose of medication from the pump to the catheter (and eventually the patient’s intrathecal space). Id. …