McBrayer et al v. Johnson & Johnson et al
Plaintiff: Dee McBrayer and Timothy McBrayer
Defendant: Johnson & Johnson, Ethicon, Inc. and Ethicon Women's Health & Urology
Case Number: 2:2012cv00779
Filed: March 19, 2012
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: XX US, Outside State
Presiding Judge: Joseph R. Goodwin
Nature of Suit: Personal Injury- Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 6, 2017 Opinion or Order Filing 191 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Thomas C. Wright, M.D.) The 101 MOTION by Dee McBrayer, Timothy McBrayer to Exclude The Opinions and Testimony of Dr. Wright is RESERVED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/6/2017. (cc: counsel of record; any unrepresented party) (kp)
December 22, 2016 Opinion or Order Filing 184 MEMORANDUM OPINION AND ORDER (Motions in Limine) The 126 OMNIBUS MOTION by Ethicon, Inc., Johnson & Johnson in Limine is GRANTED in part as to Exclude the January 2012 "522" Letters and Subsequent FDA Actions and DENIED without prejud ice as to the remainder of the Motion. The 132 MOTION by Dee McBrayer, Timothy McBrayer in Limine No. 18 Precluding Improper Arguments or Evidence of Dee McBrayer's Unrelated Medical Conditions and Unrelated Family Medical History, 134 MOTI ON by Dee McBrayer, Timothy McBrayer in Limine No. 19 to Preclude Defendants From Defending Based on a Long History of Use of Polypropylene in the Human Body, 136 MOTION by Dee McBrayer, Timothy McBrayer in Limine No. 20 Precluding Defendants From Improperly Arguing or Introducing Evidence Regarding Plaintiff Dee McBrayer's Pre-Existing Medical Conditions, 138 MOTION by Dee McBrayer, Timothy McBrayer in Limine No. 21 Precluding Improper Arguments or Evidence Regarding the Risks of Alter nate Procedures Which Plaintiff Did Not Undergo, 140 MOTION by Dee McBrayer, Timothy McBrayer in Limine No. 22 Precluding Arguments or Evidence From Defendants From Telling the Jury About Symptoms of Prolapse, 142 MOTION by Dee McBrayer, Timothy McBrayer in Limine No. 23 to Exclude Reference to Dee McBrayer's Difficult Childbirth, 146 MOTION by Dee McBrayer, Timothy McBrayer in Limine No. 26 Establishing the Admissibility of Ethicon's Decision to Discontinue the Sale and Marketin g of the Prolift, 148 OMNIBUS MOTIONS by Dee McBrayer, Timothy McBrayer in Limine Nos. 27-30 to Preclude Improper Liability Defenses, and 150 OMNIBUS MOTIONS by Dee McBrayer, Timothy McBrayer in Limine Nos. 31-32 to Preclude Introduction of or Arguments Regarding This Court's Prior Judicial Opinions Regarding Plaintiffs' Experts and Treatment Plaintiff Did Not Undergo are GRANTED insofar as the defendants conceded and are otherwise DENIED without prejudice. Signed by Judge Joseph R. Goodwin on 12/22/2016. (cc: counsel of record; any unrepresented party) (ts)
September 2, 2016 Opinion or Order Filing 182 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Shelby Thames, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions and Testimony of Shelby Thames, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/2/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)
September 1, 2016 Opinion or Order Filing 181 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Vladimir Iakovlev, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladirmir Iakovlev, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/1/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (kll)
August 26, 2016 Opinion or Order Filing 178 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Daniel Elliott, M.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 to Exclude Certain General Opinions of Daniel Elliott, M.D., as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/26/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr)
August 25, 2016 Opinion or Order Filing 177 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Peggy Pence, Ph.D.) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Exclude Peggy Pence, Ph.D. in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/25/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (bdr)
August 24, 2016 Opinion or Order Filing 173 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Prof. Dr. Med. Uwe Klinge) The court DENIES in part, GRANTS in part, and RESERVES in part the Motion filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson To Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Wave 1 Cases, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 8/24/2016. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit) (mmw)
March 10, 2016 Opinion or Order Filing 77 ORDER denying 66 MOTION by Ethicon, Inc., Johnson & Johnson to Strike All Expert Reports of Dr. Vladimir Iakovlev and REQUEST for Immediate Hearing, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 3/10/2016. (cc: counsel of record; any unrepresented party) (ts)
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Plaintiff: Dee McBrayer
Represented By: Shannon Lukei
Represented By: Karen Barth Menzies
Represented By: Amanda Robinson
Represented By: Daniel S. Robinson
Represented By: Mark P. Robinson, Jr.
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Plaintiff: Timothy McBrayer
Represented By: Shannon Lukei
Represented By: Karen Barth Menzies
Represented By: Amanda Robinson
Represented By: Daniel S. Robinson
Represented By: Mark P. Robinson, Jr.
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Defendant: Johnson & Johnson
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Defendant: Ethicon, Inc.
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Defendant: Ethicon Women's Health & Urology
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