Trevino v. Boston Scientific Corporation
Plaintiff: Maria Trevino
Defendant: Boston Scientific Corporation
Case Number: 2:2013cv01617
Filed: January 30, 2013
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 Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
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Date Filed Document Text
May 19, 2016 Opinion or Order Filing 111 MEMORANDUM OPINION AND ORDER (Daubert Motions) The 106 Memorandum Opinion and Order is VACATED; the current Memorandum Opinion and Order provides additional clarity on certain experts as follows: BSC's 32 Motion to Exclude the Opinion s and Testimony of Niall Galloway, M.D. is GRANTED in part and DENIED in part; 30 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; 33 Motion to Exclude the Opinions and Testimony of Thomas H . Barker, Ph.D. is GRANTED; 39 Motion to Limit the Opinions and Testimony of Bobby L. Shull, M.D. is GRANTED in part and DENIED in part; 40 Motion to Exclude the Opinions and Testimony of Jimmy W. Mays, Ph.D. is GRANTED; 43 Motion to Exclude th e Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; 44 Motion to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; 45 Motion to Exclude the Opinions and Testimony of Scott G uelcher, Ph.D. is GRANTED; 36 Motion to Exclude the Opinions and Testimony of Dionysios Veronikis, M.D. is GRANTED in part and DENIED in part; 47 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part and DENIED in part; 55 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; and 41 Motion to Strike and Exclude the Opinions and Testimony of David Goldfarb, M.D. is GRANTED in part and DENIED in part; my rulings on the plaintiff's motions are as follows: 34 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; 38 Motion to Exclude Certain Opinions and Testimony of Dr. Patrick Culligan is GRANTED in part, DENIED in part, and RESERVED in part; 37 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is DENIED as moot; 48 Amended Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; 35 Motion to Exclude the Opinions and Testimo ny of Roger Goldberg, M.D. is GRANTED in part, DENIED in part, and RESERVED in part; 53 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; 54 Motion to Exclude the Opinions and Te stimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; and 29 Motion to Exclude the Opinions and Testimony of Michael Douso, M.D. is GRANTED in part, DENIED in part and RESERVED in part. Signed by Judge Joseph R. Goodwin on 5/19/2016. (cc: counsel of record; any unrepresented party) (ts)
April 29, 2016 Opinion or Order Filing 107 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) denying 46 MOTION AND MEMORANDUM IN SUPPORT by Boston Scientific Corporation for Partial Summary Judgment on Punitive Damages Claim. Signed by Judge Joseph R. Goodwin on 4/29/2016. (cc: counsel of record; any unrepresented party) (kp)
April 28, 2016 Opinion or Order Filing 106 MEMORANDUM OPINION AND ORDER (Daubert Motions) for the reasons discussed herein, my rulings on BSC's motions are as follows: 32 Motion to Exclude the Opinions and Testimony of Niall Galloway, M.D. is GRANTED in part and DENIED in part; 30 Mo tion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; 33 Motion to Exclude the Opinions and Testimony of Thomas H. Barker, Ph.D. is GRANTED; 39 Motion to Limit the Opinions and Testimony of Bobby L. Shull, M.D. is GRANTED in part and DENIED in part; 40 Motion to Exclude the Opinions and Testimony of Jimmy W. Mays, Ph.D. is GRANTED; 43 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; 44 Motion to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; 45 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; 36 Motion to Exclude the Opinions and Testimony of Dionys ios Veronikis, M.D. is GRANTED in part and DENIED in part; 47 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part and DENIED in part; 55 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iako vlev, M.D. is GRANTED; and 41 Motion to Strike and Exclude the Opinions and Testimony of David Goldfarb, M.D. is GRANTED in part and DENIED in part; my rulings on the plaintiff's motions are as follows: 34 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; 38 Motion to Exclude Certain Opinions and Testimony of Dr. Patrick Culligan is GRANTED in part and DENIED in part; 37 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is DENIED as moot; 48 Amended Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; 35 Motion to Exclude the Opinions and Testimony of Roger Goldberg, M.D. is GRANTED in part and DENIED in part; 53 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; 54 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; and 29 Motion to Exclude the Opinions and Testimony of Michael Douso, M.D. is GRANTED in part and DENIED in part. Signed by Judge Joseph R. Goodwin on 4/28/2016. (cc: counsel of record; any unrepresented party) (kp)
April 21, 2016 Opinion or Order Filing 102 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) Boston Scientific Corporation's 42 MOTION for Summary Judgment is GRANTED IN PART with respect to the plaintiff's claims of strict liability for manufacturin g defect, strict liability for failure to warn, negligent manufacturing, negligent failure to warn, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose, and D ENIED IN PART with respect to the plaintiff's claims of strict liability for design defect and negligent design, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 4/21/2016. (cc: counsel of record; any unrepresented party) (ts)
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Plaintiff: Maria Trevino
Represented By: Jim M. Perdue, Jr.
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Defendant: Boston Scientific Corporation
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