Mullins et al v. Johnson & Johnson et al
| Terreski Mullins and Brian Mullins |
| Johnson & Johnson, Ethicon, Inc., Ethicon Women's Health and Urology and Gynecare |
| 2:2012cv02952 |
| July 11, 2012 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Webster |
| Joseph R. Goodwin |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
1881
MEMORANDUM OPINION AND ORDER It is ORDERED that 1) The plaintiffs in this consolidated trial may present evidence of one or more products liability theories available under West Virginia law, but only the theories sufficiently supported by the e vidence admitted at trial may be submitted to the jury, 2) Evidence that an alternative surgical procedure should have been used in place of the TVT device is not an alternative, feasible design as a matter of law, 3) A polypropylene suture is not an alternative, feasible design for the TVT device as a matter of law, 4) Once the court determines that the plaintiffs have provided sufficient evidence to identify a comparable product or design concept, whether the design features of the comp arable product or the design concept existing at the time of the TVT's manufacture is an alternative, feasible design for the TVT is a factual question left to the jury, 5) Under West Virginia law, the plaintiffs are not required to provide e vidence of an alternative, feasible design under a negligence theory of products liability, 6) The plaintiffs may proceed under the malfunction theory of strict products liability, and 7) Under West Virginia law, the plaintiffs are not required to produce evidence of an alternative, feasible design under the malfunction theory. Signed by Judge Joseph R. Goodwin on 2/23/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
1733
MEMORANDUM OPINION & ORDER (Motions in Limine) The defendants' 939 OMNIBUS MOTION in Limine is GRANTED in part as to Motion in Limine No. 11 and any other conceded motion therein, the remainder of the Motion is DENIED without prejud ice; defendants' 941 MOTION in Limine to Exclude Evidence of Plaintiffs' Allegations of Spoliation is GRANTED; the 936 OMNIBUS MOTION in Limine by Deirdre McIntyre, James McIntyre to Exclude Certain Testimony and Evidence at Tr ial, 937 OMNIBUS MOTION by Nancy Oxley in Limine to Exclude Certain Testimony and Evidence at Trial, 938 CASE-SPECIFIC MOTIONS by Rebecca Sprout in Limine, 942 SUPPLEMENTAL MOTIONS in Limine, 945 MOTION by Crystal Barr, James Barr in Lim ine to Exclude Testimony and Evidence at Trial Regarding Specific Details About Ms. Barr's Depression, 952 MOTION by Carol Javins in Limine Precluding Improper Case Specific Arguments on Evidence of Personal Issues the Mr. and Mrs. Javins Have Experienced During the Course of Their Lives, 953 MOTION by Patricia Bernice Martinez in Limine to Exclude Evidence Concerning Plaintiff's Receipt of Disability Benefits, 954 MOTION by Patricia Bernice Martinez in Limine to Exclude Evidence Concerning Plaintiff's Mental Health Conditions, 955 MOTION by Patricia Bernice Martinez in Limine to Exclude Evidence Concerning Plaintiff's Preexisting Medical Conditions, 956 CASE SPECIFIC MOTIONS by Perry E. Dillon, Ret a J. Dillon in Limine, 958 CASE SPECIFIC MOTIONS by Perry E. Dillon, Reta J. Dillon in Limine, 959 MOTION by Cora Lynn Tomblin in Limine, 960 CASE SPECIFIC MOTION by Debra Daniel, Randy Daniel in Limine No. 1, 961 OMNIBUS CASE-SPECIFIC MO TIONS by Kathie Iquinto in Limine, 962 CASE SPECIFIC MOTION by Kevin Bennett, Teresa Bennett in Limine, 965 MOTION by Carol Whisner, Vince Whisner in Limine Number 1, 966 MOTIONS by James Cheshire, Sandra Cheshire in Limine, 967 MOTION by Karen Sue Gillum, Samuel W. Gillum in Limine, Subject to Plaintiff's Amended Motion for Substitution of Party Pursuant to Fed. R. Civ. P. 25, and 969 MOTION by Jane Kelly, Ronald Kelly in Limine are GRANTED insofar as they are conceded a nd are otherwise DENIED without prejudice; the 904 MOTION to Withdraw is GRANTED; and the 793 MOTION by Kathy Jones in Limine is DENIED as moot, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 2/8/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
1625
MEMORANDUM OPINION AND ORDER granting 1534 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Plaintiffs' Supplemental Expert Reports; the court ORDERS that the plaintiffs' supplemental expert reports are STRICKEN. Signed by Judge Joseph R. Goodwin on 2/2/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
1568
MEMORANDUM OPINION AND ORDER (Defendants Motion for Partial Summary Judgment re: Debra Daniel, et al., No. 2:13-cv-02565) The 1153 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Debra Daniel) is GRANTED with regar d to the following claims: manufacturing defect, fraud, fraudulent concealment, constructive fraud, negligent misrepresentation, breach of express warranty, breach of implied warranty for fitness for a particular purpose, violation of consumer pro tection laws, unjust enrichment, strict liability - defective product, and failure to warn; the motion is DENIED in all other respects, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/20/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
1554
MEMORANDUM OPINION AND ORDER (Defendants' Motion for Partial Summary Judgment re: Patricia Martinez, No. 2:13-cv-04730) Ethicon's 999 Motion for Partial Summary Judgment is GRANTED with regard to the following claims: failure to warn, man ufacturing defect, negligence per se, fraudulent concealment, constructive fraud, negligent misrepresentation, breach of implied warranty: fitness for a particular purpose, strict liability-defective product, unjust enrichment, and violation of consumer protection laws; and Ethicon's Motion is DENIED in all other respects. Signed by Judge Joseph R. Goodwin on 1/19/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
1525
MEMORANDUM OPINION AND ORDER (Order re: Ethicon's Motion for Reconsideration) The 819 MOTION by Ethicon, Inc., Johnson & Johnson to Reconsider Alternative Design Ruling or, in the Alternative is GRANTED, and the MOTION to Certify Questio n to West Virginia Supreme Court of Appeals is DENIED as moot, as more fully set forth herein; the court finds that in a West Virginia strict liability design defect products liability case, a plaintiff must prove that there was an alternative, feasible designexisting at the time of the product's manufacture - that would have eliminated the risk that injured the plaintiff. Signed by Judge Joseph R. Goodwin on 12/9/2016. (cc: counsel of record; any unrepresented party) (ts)
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Filing
1507
MEMORANDUM OPINION AND ORDER (Order re: Ethicon's Motion to Dismiss Spoliation Claims) granting 892 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss Cause of Action for Intentional Spoliation of Evidence, as more fully set forth herein ; the plaintiffs' spoliation claims are DISMISSED without prejudice; and the Clerk is directed to post a copy of this published opinion on the court's website, www.wvsd.uscourts.gov. Signed by Judge Joseph R. Goodwin on 11/18/2016. (cc: counsel of record; any unrepresented party) (ts)
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Filing
1498
ORDER (Plaintiffs' Motion Under Rule 41(a)(2) Requesting Dismissal Without Prejudice) granting 621 MOTION by Janice Tyler, Robert Tyler Under Rule 41(a)(2) Requesting Dismissal Without Prejudice; the court ORDERS that this case is DISMISSED without prejudice. Signed by Judge Joseph R. Goodwin on 9/2/2016. (cc: counsel of record; any unrepresented party) (mek)
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Filing
821
ORDER granting 461 MOTION for Leave to Amend Complaints; any plaintiff in this consolidated action intending to pursue a claim for spoliation is Ordered to file the respective amended complaint on or before 6/29/2016; the parties are reminded that all filings shall be captioned and docketed in the lead case, Mullins, et al., No. 2:12-cv-02952. Signed by Judge Joseph R. Goodwin on 6/27/2016. (cc: counsel of record; any unrepresented party) (mek)
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Filing
244
ORDER (Re: Date product "was made" under Morningstar analysis) this order addresses the relevant date of inquiry relating to the design defect analysis in West Virginia; under West Virginia products liability law, the standard for re asonable safeness is determined "by what a reasonably prudent manufacturer's standard should have been at the time the product was made." Morningstar v. Black & Decker Mfg., Co, 253 S.E.2d 666, 683 (W. Va.1979); for purposes of addressing the pending Motions in Limine and challenges to expert testimony, the court finds it necessary to establish when the TVT "was made" pursuant to Morningstar; directing the parties to confer on this issue and, if they are ab le to reach consensus, to file a stipulation on or before 2/3/2016, identifying the relevant date; if the parties are unable to enter into a stipulation or require a hearing on the matter, the parties should advise the court's law clerk via email on or before the deadline. Signed by Judge Joseph R. Goodwin on 1/26/2016. (cc: attys; any unrepresented party) (skh)
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Filing
239
ORDER denying 231 MOTION to Strike Certain Errata Changes to the Testimony of Hannes Vogel, M.D. but granting Plaintiffs' motion for leave to re-depose Dr. Vogel concerning the changes in his testimony. Signed by Magistrate Judge Cheryl A. Eifert on 12/16/2015. (cc: counsel of record; any unrepresented party) (ts)
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Filing
236
MEMORANDUM OPINION AND ORDER (Plaintiffs' Motion to Permit Live Trial Testimony via Contemporaneous Transmission) granting 170 MOTION by to Permit Live Trial Testimony Via Contemporaneous Transmission provided the plaintiffs can make all arrangements with this court and a suitably equipped federal court in the appropriate district to ensure that two-way audio and video transmissions will be fully functional during trial. Signed by Judge Joseph R. Goodwin on 12/7/2015. (cc: counsel of record; any unrepresented party) (ts)
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Filing
235
MEMORANDUM OPINION AND ORDER denying 128 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment on Design Defect, as more fully set forth herein; the Clerk is directed to post a copy of this published opinion on the court's website, www.wvsd.uscourts.gov. Signed by Judge Joseph R. Goodwin on 12/2/2015. (cc: counsel of record; any unrepresented party) (ts)
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Filing
38
MEMORANDUM OPINION & ORDER (Motions to Clarify) the 27 OBJECTION to PTO #182 is OVERRULED. The 27 MOTION by Ethicon, Inc., Johnson & Johnson to Clarify, to the extent it seeks clarification, is GRANTED. The 28 MOTION by Plaintiffs for Clarif ication Regarding Pretrial Order # 182 is GRANTED. Directing the Clerk to post a copy of this published opinion on the court's website, www.wvsd.uscourts.gov. Signed by Judge Joseph R. Goodwin on 8/4/2015. (cc: attys; any unrepresented party) (skh)
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