Flores-Banda v. Boston Scientific Corporation
Plaintiff: Rose Flores-Banda
Defendant: Boston Scientific Corporation
Case Number: 2:2013cv04434
Filed: March 6, 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 102 AMENDED MEMORANDUM OPINION AND ORDER (Daubert Motions) The 99 Memorandum Opinion and Order is VACATED; this Amended Memorandum Opinion and Order provides additional clarity on certain experts as follows: BSC's 35 Motion to Exclude the Test imony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 27 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANTED; the 32 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRAN TED; the 37 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 34 Motion to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 40 Motion to Exc lude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 41 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part and DENIED in part; the 47 Motion to Strike and Exclude the Opinions and Testimon y of Vladimir Iakovlev, M.D. is GRANTED; and 30 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part and DENIED in part. Plaintiff's 29 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; the 42 Amended Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the 46 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; the 48 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; the 33 Motion to Exclude the Opinions and Testimony of Lonny Green, M.D. is GRANTED in part and RESERVED in part; and 26 Motion to Exclude the Opinions a nd Testimony of Steven E. Swift, M.D. is GRANTED in part and RESERVED in part, as more fully set forth herein. The plaintiff's 31 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. and plaintiff's 28 Motion to Exclude or Limit the Testimony of Gary L. Winn are DENIED as MOOT. Signed by Judge Joseph R. Goodwin on 5/19/2016. (cc: counsel of record; any unrepresented party) (ts)
May 9, 2016 Opinion or Order Filing 99 MEMORANDUM OPINION AND ORDER (Daubert Motions) BSC's 35 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 27 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. i s GRANTED; the 32 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; the 37 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 34 Moti on to Exclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 40 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 41 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D . is GRANTED in part and DENIED in part; the 47 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; and 30 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part an d DENIED in part. Plaintiff's 29 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. is RESERVED; the 42 Amended Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the 46 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; the 48 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; the 33 Motion to Exclude the Opinions and Testimony of Lonny Green, M.D. is GRANTED in part and DENIED in part; and 26 Motion to Exclude the Opinions and Testimony of Steven E. Swift, M.D. is GRANTED in part and DENIED in part, as more fully set forth herein. The plaintiff's 31 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. and plaintiff's 28 Motion to Exclude or Limit the Testimony of Gary L. Winn are DENIED as MOOT. Signed by Judge Joseph R. Goodwin on 5/9/2016. (cc: counsel of record; any unrepresented party) (ts)
May 3, 2016 Opinion or Order Filing 97 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) Boston Scientific Corporation's 39 MOTION for Summary Judgment is GRANTED IN PART with respect to the plaintiff's claims of strict liability for manufactu ring defect, strict liability for failure to warn, negligent manufacturing defect, 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 DENIED IN PART with respect to the plaintiffs claims of strict liability for design defect and negligent design. Signed by Judge Joseph R. Goodwin on 5/3/2016. (cc: counsel of record; any unrepresented party) (ts)
March 12, 2015 Opinion or Order Filing 91 ORDER granting in part and denying in part 20 MOTION by Boston Scientific Corporation for Summary Judgment and Memorandum Of Law in Support Based on Statute of Limitations Against Plaintiff Rose-Flores-Banda; BSC's Motion with respect to Ms. Flores-Banda's non-warranty claims is DENIED; Plaintiff's claims for express and implied breach of warranty are DISMISSED, and BSC's Motion on these claims is GRANTED; as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 3/12/2015. (cc: counsel of record; any unrepresented party) (ts)
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Plaintiff: Rose Flores-Banda
Represented By: Jim M. Perdue, Jr.
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Defendant: Boston Scientific Corporation
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