Harrison-Hood v. Boston Scientific Corporation
Plaintiff: Amy Harrison-Hood
Defendant: Boston Scientific Corporation
Case Number: 8:2018cv01975
Filed: August 10, 2018
Court: U.S. District Court for the Middle District of Florida
Office: Tampa Office
County: XX US, Outside State
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Anthony E Porcelli
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 24, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2018 Opinion or Order Filing 43 ENDORSED ORDER: That on the basis of the Stipulation of Dismissal Without Prejudice (Doc. #42 ), this cause is hereby DISMISSED, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 8/24/2018. (DLB)
August 23, 2018 Filing 42 STIPULATION of Dismissal Without Prejudice by Boston Scientific Corporation. (Guthrie, Brian)
August 14, 2018 Opinion or Order Filing 41 ENDORSED ORDER: On August 10, 2018, this case was transferred from the Southern District of West Virginia to this Court. As described in the order entered on July 31, 2018, "all pretrial proceedings, including discovery and dispositive and Daubert motion practice, are substantially complete, and the case is ready for trial." (Doc. #38 ). Accordingly, the parties are directed to file a joint status report by August 22, 2018, regarding the status of the case and if the case is now ready for trial. Signed by Judge Virginia M. Hernandez Covington on 8/14/2018. (DLB)
August 10, 2018 Filing 40 NOTICE to counsel of new case number and judge assignment 8:18-cv-1975-T-33AEP (signed by deputy clerk). (JNB)
August 10, 2018 Filing 39 Case transferred in from District of West Virginia Southern; Case Number 2:17-cv-02641. File received electronically
July 31, 2018 Opinion or Order Filing 38 ORDER Because all pretrial proceedings, including discovery and dispositive and Daubert motion practice, are substantially complete, and the case is ready for trial, this case is transferred to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. 1404(a); it is further ORDERED that within seven (7) days of this order, the parties may file a joint designation of any non-Pretrial Order filings from MDL 2326, 2:12-md-2326, and must designate any general causation Daubert motions, responses and replies filed in 2:12-md-2326 for experts identified by the parties in this case; immediately after the expiration of seven (7) days, the Clerk of this court is DIRECTED to transmit the following to the United States District Court for the Middle District of Florida: (1) a copy of the docket sheet for this case; (2) the entire file for this case; (3) the docket sheet for MDL 2326, 2:12-md-2326; (4) all PTOs entered in 2:12-md-2326; and (5) any other non-PTO filing from 2:12-md-2326 which the parties jointly designate. Signed by Judge Joseph R. Goodwin on 7/31/2018. (Attachment: #1 Transfer Memorandum) (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 8/10/2018.]
July 27, 2018 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The #16 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED in part and DENIED in part; BSC's Motion for Summary Judgment is GRANTED with respect to Count III (Strict Liability - Manufacturing Defect); Count V (Breach of Express Warranty); Count VI (Breach of Implied Warranty); and Count VIII (Discovery Rule, Tolling, and Fraudulent Concealment), and these claims are DISMISSED with prejudice; the Motion is DENIED with respect to Count I (Negligence), Count II (Strict Liability Design Defect), Count IV (Strict Liability Failure to Warn), and Count IX (Punitive Damages). Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: counsel of record; any unrepresented party) (mek) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 36 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Bruce Rosenzweig, M.D.) The Motion by Boston Scientific Corporation to Exclude The General Causation Testimony of Dr. Bruce Rosenzweig, M.D. filed in MDL 2326 at ECF No. 4813 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Peter Rosenblatt, M.D.) The Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Peter Rosenblatt, M.D. filed in MDL 2326 at ECF No. 4833 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 34 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Bobby Shull, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Bobby Shull, M.D. filed in MDL 2326 at ECF No. 4810 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (lca) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 33 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Dionysios Veronikis, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Dionysios Veronikis, M.D. filed in MDL 2326 at ECF No. 4807 is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (rmc) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 32 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Richard Trepeta, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Richard W. Trepeta, M.D. filed in MDL 2326 at ECF No. 4811 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 31 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Steven Spiegelberg, Ph.D.) The Motion by Certain Plaintiffs to Exclude Certain Opinions and Testimony of Steven Spiegelberg, Ph.D. filed in MDL 2326 at ECF No. 4827 is GRANTED in part, DENIED in part, and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 30 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Roger Goldberg, M.D.) The Combined Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Roger Goldberg, M.D. filed in MDL 2326 at ECF No. 4829 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (btm) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 29 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. James Rice, M.D.) The Combined Motion by Certain Plaintiffs to Exclude Opinions and Testimony of James Rice, M.D. filed in MDL 2326 at ECF No. 4830 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 28 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Jennifer Anger, M.D.) The Combined Motion by Certain Plaintiffs to Exclude the Opinions of Jennifer Anger, M.D. filed in MDL 2326 at ECF No. 4828 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (jsa) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 27 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Donald Ostergard, M.D.) The Motion by Boston Scientific Corporation to Exclude Opinions and Testimony of Dr. Donald R. Ostergard filed in MDL 2326 at ECF No. 4821 is DENIED as moot, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kab) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 26 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Michael Margolis, M.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Michael Thomas Margolis, M.D. filed in MDL 2326 at ECF No. 4804 is GRANTED in part and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (mmw) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Jimmy Mays, Ph.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Jimmy W. Mays, Ph.D. filed in MDL 2326 at ECF No. 4805 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (brn) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Steven R. Little, Ph.D.) The Motion by Certain Plaintiffs to Exclude Opinions and Testimony of Steven R. Little, Ph.D. filed in MDL 2326 at ECF No. 4825 is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (lca) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 23 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Peggy Pence, Ph.D.) The Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Peggy Pence, Ph.D. filed in MDL 2326 at ECF No. 4815 is GRANTED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 22 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Jerry Blaivas, M.D.) granting the Motion by Boston Scientific Corporation to Exclude The Opinions and Testimony of Jerry Blaivas, M.D. filed in MDL 2326 at ECF No. 4822, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kab) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 21 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Stephen F. Badylak, D.V.M., Ph.D., M.D.) The Motion by Certain Plaintiffs to Exclude Exclude Opinions and Testimony of Stephen F. Badylak, D.V.M., PhD., M.D. filed in MDL 2326 at ECF No. 4826 is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (hkl) [Transferred from wvsd on 8/10/2018.]
May 30, 2018 Opinion or Order Filing 20 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Matthew F. Davies, M.D.) The Combined Motion by Certain Plaintiffs to Exclude And/Or Limit The Testimony and Opinions of Matthew F. Davies, M.D. filed in MDL 2326 at ECF No. 4824 is GRANTED in part, DENIED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (brn) [Transferred from wvsd on 8/10/2018.]
May 29, 2018 Opinion or Order Filing 19 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Dr. Niall Galloway, M.D.) The Motion by Boston Scientific Corporation to Exclude Opinions and Testimony of Niall Galloway. M.D. filed in MDL 2326 at ECF No. 4818 is GRANTED in part, DENIED in part, and DENIED as moot in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/29/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 8/10/2018.]
January 25, 2018 Filing 18 MEMORANDUM by Amy Harrison-Hood in opposition to #16 MOTION by Boston Scientific Corporation for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
January 17, 2018 Opinion or Order Filing 17 PRETRIAL ORDER # 174 (Order Re: Joint Motion to Extend Deadlines and Second Amended Docket Control Order - Wave 3 Cases) granting the Joint Motion by Certain Plaintiffs, Boston Scientific Corporation to Extend Scheduling Deadlines Under Pretrial Order No. 171. The following deadlines shall apply in the Boston Scientific Corp., MDL 2326 Wave 3 cases: Response to Dispositive Motions due 1/25/2018, Reply to response to Dispositive Motions due 1/29/2018, Filing of Daubert motions due 1/11/2018, Responses to Daubert motions due 2/1/2018, and Reply to response to Daubert Motions due 2/8/2018. Signed by Judge Joseph R. Goodwin on 1/17/2018. (cc: Clerk of the JPMDL; attys) (REF: MDL 2326; Wave 3 Cases) (rec) [Transferred from wvsd on 8/10/2018.]
January 4, 2018 Filing 16 MOTION by Boston Scientific Corporation for Summary Judgment and MEMORANDUM IN SUPPORT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Anielak, Eric) [Transferred from wvsd on 8/10/2018.]
December 19, 2017 Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eric M. Anielak on behalf of Boston Scientific Corporation. (Anielak, Eric) [Transferred from wvsd on 8/10/2018.]
November 16, 2017 Filing 14 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
October 19, 2017 Filing 13 CERTIFICATE OF SERVICE by Amy Harrison-Hood for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
October 10, 2017 Filing 12 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Sheila Devanesan, MD on November 9, 2017 at 1:00 pm (EST) (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
October 3, 2017 Filing 11 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Amy Harrison-Hood on October 28, 2017 at 8:00 am (EST) (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
September 7, 2017 Opinion or Order Filing 10 PRETRIAL ORDER # 171 (First Amended Docket Control Order - Wave 3 Cases) granting 4339 JOINT MOTION by Boston Scientific Corporation, Certain Plaintiffs to Extend Scheduling Deadlines Under 3902 Pretrial Order #165. The deadlines set forth in PTO #165 are amended as set forth below: Scheduling Deadlines. The following deadlines shall apply in the Boston Scientific Wave 3 cases: Expert disclosure by plaintiffs due by 10/18/2017, Expert disclosure by defendant due by 11/15/2017, Expert disclosure for rebuttal purposes due by 12/01/2017, Deposition deadline and close of discovery due by 12/15/2017, Filing of Dispositive Motions due by 1/04/2018, Response to Dispositive Motions due by 1/18/2018, Reply to response to dispositive motions due by 1/22/2018, Filing of Daubert motions due by 1/11/2018, Responses to Daubert motions due by 1/25/2018, and Reply to response to Daubert motions due by 2/01/2018. Any other deadlines set forth in PTO # 165 not specifically listed above shall remain in effect. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 10/25/2017, any response is due 11/08/2017 and any reply is due 11/15/2017. Venue Recommendations. By no later than 10/18/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations to the court by 11/01/2017. Signed by Judge Joseph R. Goodwin on 9/7/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2326; Wave 3 Cases) (cl) [Transferred from wvsd on 8/10/2018.]
August 23, 2017 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from wvsd on 8/10/2018.]
August 7, 2017 Filing 8 PLAINTIFF FACT SHEET filed by Amy Harrison-Hood. (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
July 10, 2017 Filing 7 PLAINTIFF PROFILE FORM filed by Amy Harrison-Hood. (Kuntz, Jeffrey) [Transferred from wvsd on 8/10/2018.]
June 21, 2017 Opinion or Order Filing 6 PRETRIAL ORDER # 165 (Docket Control Order Wave 3 Cases) The cases, attached as Exhibit A, will be known as the Boston Scientific Wave 3 cases, and the following deadlines apply: SCHEDULING DEADLINES: Plaintiff Fact Sheets due by 07/21/2017, Defendant Fact Sheets due by 08/21/2017, Deadline for written discovery requests due by 10/02/2017, Expert disclosure by plaintiffs due by 09/18/2017, Expert disclosure by defendant due by 10/16/2017, Expert disclosure for rebuttal purposes due by 11/01/2017, Deposition deadline and close of discovery due by 11/15/2017, Filing of Dispositive Motions due by 12/05/2017, Response to Dispositive Motions due by 12/19/2017, Reply to response to dispositive motions due by 12/26/2017, Filing of Daubert motions due by 12/12/2017, Responses to Daubert motions due by 12/26/2017, and Reply to response to Daubert motions due by 01/02/2018. Confidential Documents: In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 10/25/2017, any response is due 11/08/2017 and any reply is due 11/15/2017. Venue Recommendations: The parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall file joint venue recommendations to the court by 11/01/2017. Signed by Judge Joseph R. Goodwin on 6/21/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2326; Boston Scientific Wave 3 Cases listed on Exhibit A) (brn) [Transferred from wvsd on 8/10/2018.]
May 26, 2017 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from wvsd on 8/10/2018.]
May 8, 2017 Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 5/5/2017. Boston Scientific Corporation waiver mailed on 5/3/2017, answer due 7/3/2017. (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
May 8, 2017 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from wvsd on 8/10/2018.]
May 2, 2017 Filing 2 TRANSMITTED PRETRIAL ORDER # 158 (First Amended Order re: Production of Case-Specific Information for BSC MDL Plaintiffs) entered on 03/16/2017 in MDL 2326 to attorneys in member case. (hkl) [Transferred from wvsd on 8/10/2018.]
May 1, 2017 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5566287. (Attachment: #1 Civil Cover Sheet) (mlh) [Transferred from wvsd on 8/10/2018.]

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Plaintiff: Amy Harrison-Hood
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
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Defendant: Boston Scientific Corporation
Represented By: Eric M. Anielak
Represented By: Michael A. Tanenbaum
Represented By: Michael Bonasso
Represented By: Jon A. Strongman
Represented By: Brian T. Guthrie
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