Chery et al v. C. R. Bard, Inc.
| Dolores Chery and Joel Chery |
| C. R. Bard, Inc. |
| 2:2012cv08208 |
| November 28, 2012 |
| 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
237
AMENDED MEMORANDUM OPINION AND ORDER The 70 MOTION by C. R. Bard, Inc. for Partial Summary Judgment on Plaintiffs Punitive Damages Claims is DENIED; and the 72 MOTION by C. R. Bard, Inc. for Partial Summary Judgment Against Plaintiffs is GRANTED in part and DENIED in part. The following specific causation Motions: 74 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Sean Francis, M.D.; 76 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By Jo hn Miklos, M.D.; 78 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony by Jerry G. Blaivas, M.D.; 80 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig; 82 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Donald R. Ostergard, M.D.; 84 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony By Lennox Hoyte, M.D.; 86 MOTION by C. R. Bard, Inc. to Exclude The Opinions And Testimony Of Bernd Klosterhalfen, M.D.; 88 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Abraham Morse, M.D.; 89 MOTION by C. R. Bard, Inc. to Limit The Opinions and Testimony of Daniel S. Elliott, M.D.; 93 MOTION by C. R. Bard, Inc. to Exclude, or in the Alternative Limit, the Opinions and Testimony of Kimberly H. Allison, M.D.; 95 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Keith Reeves, M.D.; 97 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony by Garth Wilkes, Ph.D.; 99 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By Anthony Brennan, Ph.D.; 101 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinio ns and Testimony by Ahmed El-Ghannam Ph.D.; 103 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony of Julia Babensee, Ph.D.; 105 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of David F. Feigal, Jr., M.D., M.P.H., and Brief in Support; 106 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of John G. Heller, M.D., and Brief in Support; 107 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Donna-B ea Tillman, Ph.D., M/P.A., and Brief in Support; 108 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Christine T. Wood, Ph.D.; 109 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Peter Rosenblatt, M.D., and Brief in Support; 110 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Marta Villaraga, Ph.D., and Brief in Support; 111 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Maureen Reitman, Sc.D. and Brief in Support; 113 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Colleen Fitzgerald, M.D.; 116 MOTION by Dolores Chery, Joel Chery to Exclude the Opinions and Testimony of Nathan Guerette, M.D. on t he Adequacy of Defendants' Warnings and Standard of Care Issues and Brief in Support; 119 MOTION by Dolores Chery, Joel Chery to Exclude Dr. Matthew Clark's Specific Causation Opinion Concerning Dolores Chery with Incorporated Memorandum of Law; 120 MOTION by Dolores Chery, Joel Chery to Exclude the Testimony of Carol Glowacki, M.D.; 121 MOTION by Dolores Chery, Joel Chery to Exclude the Testimony of Joseph Maccarone, M.D.; 122 DAUBERT MOTION by Dolores Chery, Joel Chery to Ex clude Opinions of Dr. Michael Kennelly and Memorandum of Law; 185 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Alan Garely, M.D.; 187 MOTION by C. R. Bard, Inc. to Exclude or Limit the Opinions and Testimony of Amir Shariati, M.D., and Memorandum in Support; 188 MOTION by Dolores Chery, Joel Chery to Exclude Certain General Opinions and Testimony of Douglas Van Drie, M.D., and Brief in Support; 189 MOTION by Dolores Chery, Joel Chery to Exclude Certain General Opinio ns and Testimony of Matthew Clark, M.D., and Brief in Support; 190 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of C.R. Bard, Inc.'s Physician Expert Thomas Giudice, M.D., and Brief in Support; 191 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony of C.R. Bard, Inc's Non-Retained Corporate Expert Laura Bigby., and Brief in Support; 192 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony of C.R. Bard, I nc.'s Non-Retained Corporate Expert Roger Darois., and Brief in Support; 193 MOTION by Dolores Chery, Joel Chery to Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert John Deford., and Brief in Support; 194 MOTION by Dolores Chery, Joel Chery to Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Adam Silver and Brief in Support; 195 MOTION by Dolores Chery, Joel Chery to Exclude Exc lude Certain Opinions and Testimony of C.R. Bard, Inc's Non-Retained Corporate Expert Michele Davis and Brief in Support; 196 MOTION by Dolores Chery, Joel Chery to Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-R etained Corporate Expert John Knorpp and Brief in Support; 197 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Mary Mayo and Brief in Support; 198 MOTION by Dol ores Chery, Joel Chery to Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Scott Robirds and Brief in Support; 199 MOTION by Dolores Chery, Joel Chery to Exclude the Testimony of Khush Mittal, M.D.; [20 0] MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Brian Raybon, M.D.; 201 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Robert H. Young, M.D.; 232 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony of James M. Anderson, Ph.D., 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
236
MEMORANDUM OPINION AND ORDER The 70 MOTION by C. R. Bard, Inc. for Partial Summary Judgment on Plaintiffs Punitive Damages Claims is DENIED; and the 72 MOTION by C. R. Bard, Inc. for Partial Summary Judgment Against Plaintiffs is GRANTED in part and DENIED in part. The following specific causation Motions: 74 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Sean Francis, M.D.; 76 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By John Mik los, M.D.; 78 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony by Jerry G. Blaivas, M.D.; 80 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions and Testimony of Dr. Bruce A. Rosenzweig; 82 MOTION b y C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Donald R. Ostergard, M.D.; 84 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony By Lennox Hoyte, M.D.; 86 MOTION by C. R. Bard, Inc. to Exclude The Opinions And Testimony Of Bernd Klosterhalfen, M.D.; 88 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Abraham Morse, M.D.; 89 MOTION by C. R. Bard, Inc. to Limit The Opinions and Testimony of Daniel S. Elliott, M.D.; [ 93] MOTION by C. R. Bard, Inc. to Exclude, or in the Alternative Limit, the Opinions and Testimony of Kimberly H. Allison, M.D.; 95 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Keith Reeves, M.D.; 97 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony by Garth Wilkes, Ph.D.; 99 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony By Anthony Brennan, Ph.D.; 101 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certa in Opinions and Testimony by Ahmed El-Ghannam Ph.D.; 103 MOTION by C. R. Bard, Inc. to Exclude Or Limit Certain Opinions And Testimony of Julia Babensee, Ph.D.; 105 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of David F. Feigal, Jr., M.D., M.P.H., and Brief in Support; 106 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of John G. Heller, M.D., and Brief in Support; 107 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testi mony of Donna-Bea Tillman, Ph.D., M/P.A., and Brief in Support; 108 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Christine T. Wood, Ph.D.; 109 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Peter Rosenblatt, M.D., and Brief in Support; 110 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Marta Villaraga, Ph.D., and Brief in Support; 111 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Maureen Reitman, Sc.D. and Brief in Support; 113 MOTION by C. R. Bard, Inc. to Exclude or Limit Certain Opinions and Testimony of Colleen Fitzgerald, M.D.; 116 MOTION by Dolores Chery, Joel Chery to Exclude the Opinions and Testimony of Nat han Guerette, M.D. on the Adequacy of Defendants' Warnings and Standard of Care Issues and Brief in Support; 119 MOTION by Dolores Chery, Joel Chery to Exclude Dr. Matthew Clark's Specific Causation Opinion Concerning Dolores Chery with Incorporated Memorandum of Law; 120 MOTION by Dolores Chery, Joel Chery to Exclude the Testimony of Carol Glowacki, M.D.; 122 DAUBERT MOTION by Dolores Chery, Joel Chery to Exclude Opinions of Dr. Michael Kennelly and Memorandum of Law; 185 MOTION by C. R. Bard, Inc. to Limit the Opinions and Testimony of Alan Garely, M.D.; 187 MOTION by C. R. Bard, Inc. to Exclude or Limit the Opinions and Testimony of Amir Shariati, M.D., and Memorandum in Support; 188 MOTION by Dolores Chery, Joel Chery to Exclude Certain General Opinions and Testimony of Douglas Van Drie, M.D., and Brief in Support; 189 MOTION by Dolores Chery, Joel Chery to Exclude Certain General Opinions and Testimony of Matthew Clark, M.D., and Brief in Support; 190 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of C.R. Bard, Inc.'s Physician Expert Thomas Giudice, M.D., and Brief in Support; 191 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony o f C.R. Bard, Inc's Non-Retained Corporate Expert Laura Bigby., and Brief in Support; 192 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Roger Darois., and Brief in Support; 193 MOTION by Dolores Chery, Joel Chery to Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert John Deford., and Brief in Support; 194 MOTION by Dolores Chery, Joel Chery t o Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Adam Silver and Brief in Support; 195 MOTION by Dolores Chery, Joel Chery to Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc& #039;s Non-Retained Corporate Expert Michele Davis and Brief in Support; 196 MOTION by Dolores Chery, Joel Chery to Exclude Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert John Knorpp and Brief in Sup port; 197 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinions and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Mary Mayo and Brief in Support; 198 MOTION by Dolores Chery, Joel Chery to Exclude Certain Opinion s and Testimony of C.R. Bard, Inc.'s Non-Retained Corporate Expert Scott Robirds and Brief in Support; 199 MOTION by Dolores Chery, Joel Chery to Exclude the Testimony of Khush Mittal, M.D.; 200 MOTION by C. R. Bard, Inc. to Exclude or Lim it Certain Opinions and Testimony of Brian Raybon, M.D.; 201 MOTION by Dolores Chery, Joel Chery to Exclude Opinions and Testimony of Robert H. Young, M.D., and Brief in Support, 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
133
ORDER Plaintiffs' 112 Omnibus Motion re: Non-Retained Corporate Experts is DENIED; Plaintiffs' 115 Omnibus Motion re: Physician Experts is DENIED; C. R. Bard's 117 Motion to Exclude is DENIED; C. R. Bard's 125 Omnibus Mo tion is DENIED; and Plaintiffs' 127 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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