Guidant’s Attempt to File Papers Under Seal Challenged

Public Citizen has challenged an attempt by Guidant Corporation to keep secret certain papers filed in litigation in Minnesota.

The Public Citizen press release says that "two subsidiaries of Guidant that produce and sell controversial cardiac rhythm management (CRM) devices sued the health care consulting company Aspen Health Care Metrics for publishing information about the prices of Guidant’s pacemakers. The briefs supporting and opposing summary judgment, and all supporting papers, were filed under seal without any documentation of need for secrecy. … ‘Under well-established law, the public has a presumptive right of access to judicial records, which may only be overcome by a showing of sufficiently important countervailing interests,’ the motion [which was filed to make the records public] reads. ‘Guidant has never made such a demonstration, and it does not appear that Guidant will be able to do so.’"

Recall that Guidant is also involved in personal injury and wrongful death claims concerning problems with its implantable pacemakers.

Here is a copy of the press release and the memorandum of law filed in support of the motion.