Frankum v. Boston Scientific Corp. et al
| Bertie Frankum |
| Boston Scientific Corp. and John Does 1 - 10 |
| 2:2012cv00904 |
| March 28, 2012 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Joseph R. Goodwin |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
104
MEMORANDUM OPINION AND ORDER (Daubert Motions) BCS's 39 Motion to Exclude the Opinions and Testimony of Vivian W. Sung, M.D. is GRANTED in part and DENIED in part; 40 Motion to Exclude the Opinions and Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; 44 Motion to Exclude the Opinions and Testimony of Thomas H. Barker is GRANTED; 46 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part and DENIED in part; 51 Motion to Exclude the Opinions and Testimony of Jimmy W. Mays, Ph.D. is GRANTED; 56 Motion to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; 57 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part and DENIED in part; 58 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; 59 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part and DENIED in part; and 62 Motion to Exc lude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED, as more fully set forth herein. Plaintiff's 45 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; 50 Motion to Exclude the Opinions and Te stimony of Lonny Green, M.D. is GRANTED in part and DENIED in part; 52 Motion to Exclude the Opinions and Testimony of Christine Brauer, Ph.D. is GRANTED; 54 Motion to Exclude the Opinions and Testimony of Jennifer Anger, M.D. is GRANTED in pa rt and DENIED in part; 61 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; and 63 Motion to Exclude the Opinions and Testimony of Stephen Spiegelberg is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/1/2015. (cc: counsel of record; any unrepresented party) (ts)
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Filing
103
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) BSC's 42 Motion for Summary Judgment is GRANTED IN PART with respect to Ms. Frankum's claims for strict liability for manufacturing defect, strict liability f or design defect, strict liability for failure to warn, negligent failure to warn, negligent manufacturing, breach of implied warranty of fitness for a particular purpose, breach of express warranty, and fraudulent concealment, and DENIED IN PART w ith respect to Ms. Frankum's claims for negligent design and breach of implied warranty of merchantability, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 4/29/2015. (cc: counsel of record; any unrepresented party) (ts)
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Filing
100
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) Defendant's 43 MOTION for Partial Summary Judgment on Plaintiff Bertie Frankum's Punitive Damages Claim is DENIED; as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 4/2/2015. (cc: counsel of record; any unrepresented party) (ts)
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