But unfortunately product liability lawsuits don’t always begin this way. Sometimes plaintiffs will sue and name particular defendants without even knowing what product may have hurt them or who manufactured it.
The present record suggest that [the plaintiff] has not yet obtained a copy of all of her medical records, which may include a more precise description of the knee replacement product that was implanted during [the plaintiff’s] surgery.
Id. at *7. That sure seems like something the plaintiff should have done before beginning her lawsuit. Even if the medical records didn’t offer an answer, the plaintiff had other options. She could have, for instance, asked her doctors or the hospital to identify the hardware implanted in her knee.
It will be interesting to see how the case proceeds, and we may know more after plaintiff’s 30 days are up. And by that time we may also know how prime-time America and Howard Stern mix.