N.Y. Federal Judge Refuses to Compel Cochlear Implant Plaintiff to Obtain Discovery Via Hague Convention

NEW YORK — A New York federal judge has refused to compel the plaintiff in a cochlear implant case to use the Hague Convention to obtain discovery from an Australian defendant, finding use of the Federal Rules of Civil Procedure would not violate Australian law.

On Sept. 18, Magistrate Judge Steven I. Locke of the U.S. District Court for the Eastern District of New York found defendants have failed to meet their burden for applying the Hague Convention to the plaintiff's discovery requests.

In September 2010, New York resident Jeanine Tansey had a CI512 cochlear device implanted in her head …