Bowling et al v. C. R. Bard, Inc.
| Bessie Bowling and Emmett H. Bowling |
| C. R. Bard, Inc. |
| 2:2013cv09105 |
| April 25, 2013 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R. Goodwin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Filing
171
AMENDED MEMORANDUM OPINION AND ORDER The 46 NOTICE OF MOTION AND MOTION by C. R. Bard, Inc. for Partial Summary Judgment Regarding Plaintiff Bessie Bowling is GRANTED in part and DENIED in part; and the 48 MOTION by C. R. Bard, Inc. for Partial Summary Judgment on Plaintiffs Punitive Damages Claims is DENIED. The following specific causation Motions: 50 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By John Miklos, M.D., 52 MOTION by C. R. Bard, Inc. to E xclude or Limit Certain Opinions and Testimony by Jerry G. Blaivas, M.D., 54 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig., 56 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opin ions and Testimony of Donald R. Ostergard, M.D., 58 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony By Lennox Hoyte, M.D., 60 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Sean Francis, M.D., 64 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of David F. Feigal, Jr., M.D., M.P.H., 65 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of John G. Heller, M.D., 66 MOTION AND BRIE F IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of Donna-Bea Tillman, Ph.D., M/P.A., FRAPS, 67 MOTION by Bessie Bowling to Exclude Opinions and Testimony of Christine T. Wood, Ph.D., 69 MOTION AND BRIEF IN SUPPORT by Bessie Bowli ng to Exclude Opinions and Testimony of Peter Rosenblatt, M.D., 70 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of Maureen T.F. Reitman, SC.D., 71 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinion s and Testimony of Marta Villaraga, Ph.D., 72 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By Anthony Brennan, Ph.D., 74 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony by Garth Wilke s, Ph.D., 76 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions and Testimony by Ahmed El-Ghannam Ph.D., 78 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony of Julia Babensee, Ph.D., 80 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of Dr. Michael Kennelly, 81 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude the Opinions and Testimony of Nathan Guerette, M.D., on the Adequacy of Defendants' Warnings a nd Standard of Care Issues, 82 MOTION by Bessie Bowling to Exclude the Testimony of Joseph Maccarone, M.D., 84 MOTION by C. R. Bard, Inc. to Exclude the Opinions and Testimony of Bernd Klosterhalfen, M.D., 86 MOTION by Bessie Bowling to Exclude the Testimony of Carol Glowacki, M.D., 88 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Colleen Fitzgerald, M.D., 92 MOTION by C. R. Bard, Inc. to Exclude, or in the Alternative Limit, The Opinions and Testimon y of Kimberly H. Allison, M.D., 94 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Keith Reeves, M.D., 96 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Abraham Morse, M.D., 98 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Daniel S. Elliott, M.D., 136 MEMORANDUM OF LAW IN SUPPORT of DAUBERT MOTION by Bessie Bowling to Preclude the Testimony of Kathryn Arendt, MD., on the Adequacy of Defendants' Warnings and Standard of Care Is sues, 137 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Laura Bigby and Brief in Support, 138 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R . Bard, Inc.'s Non-Retained Corporate Expert Scott Britton and Brief in Support, 139 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Roger Darois and Brief in Support, 140 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Michele Davis and Brief in Support, 141 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. B ard, Inc.'s Non-Retained Corporate Expert John Deford and Brief in Support, 142 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert John Knorpp and Brief in Support, 143 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Mary Mayo and Brief in Support, 144 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.& #039;s Non-Retained Corporate Expert Scott Robirds and Brief in Support, 145 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Adam Silver and Brief in Support, and 146 MOT ION AND MEMORANDUM OF LAW in Support of the Motion by Bessie Bowling to Exclude the Opinions and Testimony of Sharon Mount, M.D. to the extent that the parties seek relief that is consistent with this Memorandum Opinion & Order, are GRANTED in part. In all other respects, the parties' motions are RESERVED in part. Signed by Judge Joseph R. Goodwin on 3/23/2017. (cc: counsel of record; any unrepresented party) (ts)
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Filing
169
MEMORANDUM OPINION AND ORDER The 46 NOTICE OF MOTION AND MOTION by C. R. Bard, Inc. for Partial Summary Judgment Regarding Plaintiff Bessie Bowling is GRANTED in part and DENIED in part; and the 48 MOTION by C. R. Bard, Inc. for Partial Summary Judgment on Plaintiffs Punitive Damages Claims is DENIED. The following specific causation Motions: 50 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By John Miklos, M.D., 52 MOTION by C. R. Bard, Inc. to Exclude o r Limit Certain Opinions and Testimony by Jerry G. Blaivas, M.D., 54 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig., 56 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Donald R. Ostergard, M.D., 58 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony By Lennox Hoyte, M.D., 60 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Sean Francis, M.D., 64 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of David F. Feigal, Jr., M.D., M.P.H., 65 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of John G. Heller, M.D., 66 MOTION AND BRIEF IN SUP PORT by Bessie Bowling to Exclude Opinions and Testimony of Donna-Bea Tillman, Ph.D., M/P.A., FRAPS, 67 MOTION by Bessie Bowling to Exclude Opinions and Testimony of Christine T. Wood, Ph.D., 69 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Ex clude Opinions and Testimony of Peter Rosenblatt, M.D., 70 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Testimony of Maureen T.F. Reitman, SC.D., 71 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude Opinions and Te stimony of Marta Villaraga, Ph.D., 72 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By Anthony Brennan, Ph.D., 74 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony by Garth Wilkes, Ph.D. , 76 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions and Testimony by Ahmed El-Ghannam Ph.D., 78 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony of Julia Babensee, Ph.D., 80 MOTION AND BRIEF IN SUPP ORT by Bessie Bowling to Exclude Opinions and Testimony of Dr. Michael Kennelly, 81 MOTION AND BRIEF IN SUPPORT by Bessie Bowling to Exclude the Opinions and Testimony of Nathan Guerette, M.D., on the Adequacy of Defendants' Warnings and Stand ard of Care Issues, 82 MOTION by Bessie Bowling to Exclude the Testimony of Joseph Maccarone, M.D., 84 MOTION by C. R. Bard, Inc. to Exclude the Opinions and Testimony of Bernd Klosterhalfen, M.D., 86 MOTION by Bessie Bowling to Exclude the Tes timony of Carol Glowacki, M.D., 88 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Colleen Fitzgerald, M.D., 92 MOTION by C. R. Bard, Inc. to Exclude, or in the Alternative Limit, The Opinions and Testimony of Kim berly H. Allison, M.D., 94 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Keith Reeves, M.D., 96 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Abraham Morse, M.D., 98 MOTION by C. R. Bard, Inc. to Limit th e Opinions and Testimony of Daniel S. Elliott, M.D., 136 MEMORANDUM OF LAW IN SUPPORT of DAUBERT MOTION by Bessie Bowling to Preclude the Testimony of Kathryn Arendt, MD., on the Adequacy of Defendants' Warnings and Standard of Care Issues, [1 37] MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Laura Bigby and Brief in Support, 138 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Scott Britton and Brief in Support, 139 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Roger Darois and Brief in Support, 140 M OTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Michele Davis and Brief in Support, 141 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc .'s Non-Retained Corporate Expert John Deford and Brief in Support, 142 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert John Knorpp and Brief in Support, 143 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Mary Mayo and Brief in Support, 144 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s N on-Retained Corporate Expert Scott Robirds and Brief in Support, 145 MOTION by Bessie Bowling to Exclude Certain Opinions and Testimony of C. R. Bard, Inc.'s Non-Retained Corporate Expert Adam Silver and Brief in Support, and 146 MOTION AND MEMORANDUM OF LAW in Support of the Motion by Bessie Bowling to Exclude the Opinions and Testimony of Sharon Mount, M.D. to the extent that the parties seek relief that is consistent with this Memorandum Opinion & Order, are GRANTED in part. In all other respects, the parties' motions are RESERVED in part. Signed by Judge Joseph R. Goodwin on 3/21/2017. (cc: counsel of record; any unrepresented party) (kp)
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Filing
105
ORDER Plaintiffs' 63 Omnibus Motion re: Non-Retained Corporate Experts is DENIED; Plaintiffs' 62 Omnibus Motion re: Physician Experts is DENIED; C. R. Bard's 90 Motion to Exclude is DENIED; C. R. Bard's 100 Omnibus Motio n is DENIED; and Plaintiffs' 102 Motion to Strike is DENIED as moot. The parties have leave to file additional expert-specific Daubert motions and the court will modify an existing PTO to reflect these deadlines. Signed by Judge Joseph R. Goodwin on 1/28/2015. (cc: attys; any unrepresented party) (ras)
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