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Company that manufactured storage tank in UH fertility clinic error responds to subpoena

Posted at 5:16 PM, Apr 26, 2018
and last updated 2018-04-26 18:09:35-04

The manufacturer of the storage tank involved in the University Hospitals tragedy has made a motion to quash a subpoena.

Custom Biogenic Systems has rejected a law firm's efforts to gain more information from the company and to get them to appear in court as part of the case against UH.

The cryogenic equipment manufacturer is headquartered in Bruce Township, Michigan. When News 5 traveled there a few weeks ago, we were told no staff would go on camera and that it was not the equipment that failed in the fertility clinic error. Instead, Custom Biogenics claimed UH failed to use the equipment correctly or to make use of the backup tank they had access to for months. 

RELATED Company that supplied storage tank to UH fertility center says human error to blame

The company sent News 5 three pages of detailed information explaining the problems and failures UH has admitted to. But the motion just filed is a request not to release any more information in connection to the lawsuits filed against the hospital — at least for now.

See document at the bottom to view the motion (first few pages of document).

The four-page motion is a response from Custom Biogenics' attorneys to the subpoena filed in UH patients' lawsuits requiring information from Custom Biogenics and a company representative in court.

Referencing Monday's decision to consolidate the cases against UH, the motion said, "CBS moves for an order quashing the foreign subpoena...and for a protective order...protecting CBS from having to respond to piecemeal document requests and being noticed for several depositions in the same consolidated matter...CBS should not be put through the expense or burden of responding to the Plaintiff's subpoena...while facing the prospect of responding to 44 different subpoenas in the other cases." 

Once the attorneys involved file a response to Custom Biogenics' motion, Judge Stuart Friedman will likely respond. 

See document below to view the subpoena (near the end of the document).

Custom Biogenics Motion by Wews WebStaff on Scribd