Federal Judge Richard H. Kyle, Minneapolis, failed to disclose that Medtronic, a defendant in a massive product liability action, was represented by the firm in which his son is a partner. Judge Kyle dismissed the 700 cases five weeks ago, determining that federal regulation of medical devices pre-empted the state-law, tort-based product liability action. The suits involved Medtronic’s heart device wires, Sprint Fidelis defibrillator leads. “I never thought about it. I don’t see that I have a conflict.”The law firm, Fredikson & Bryon, through a spokesperson said, “It’s not a conflict of interest because we had nothing to do with that lawsuit.” The firm does represent Medtronic, but is not handling the product liability litigation and does not represent the company in any matter presently before Judge Kyle. Ah, the old “Chinese Wall” that guards against any osmosis between folks in the same firm sharing information. Medtronic issued a statement, “This is clearly an effort to remove a well-respected federal judge following rulings the plaintiffs’ lawyers do not like.”
Actually, it may just be an effort to remove the appearance of a conflict, something that Medtronic and the plaintiffs should both want. This one is not a close call. There are only two ways to manage a conflict of interest: (1) Don’t do it; or (2) Disclose. The plaintiffs’ lawyers and their clients at least had the right to the latter.  Neither Judge Kyle nor Medtronic provided either (1) or (2).  The steering committee of plaintiffs’ lawyers raised the issue in a conference call with the judge and will seek his disqualification. The irony is that Judge Kyle is correct in his dismissal, but the conflict now clouds that sound ruling. Always take care of the conflict, somehow.Â