Carroll v. Boston Scientific Corporation
Plaintiff: Cheryl A. Carroll
Defendant: Boston Scientific Corporation
Case Number: 2:2013cv11601
Filed: May 17, 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 24, 2016 Opinion or Order Filing 109 MEMORANDUM OPINION AND ORDER (Motions in Limine) The court GRANTS in part and RESERVES in part the defendant's 102 Initial Motions in Limine, GRANTS the plaintiff's 103 Motion in Limine No. 1 - Evidence Relating to the United States Food and Drug Administration, and RESERVES the plaintiff's 104 Motion in Limine No. 2. Signed by Judge Joseph R. Goodwin on 5/24/2016. (cc: counsel of record; any unrepresented party) (ts)
May 19, 2016 Opinion or Order Filing 108 MEMORANDUM OPINION AND ORDER (Daubert Motions) The 38 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 40 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANTED; the 44 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; the 50 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 48 Motion to Exclude th e Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 52 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 51 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GRANTED in part a nd DENIED in part; the 57 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; the 43 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part and DENIED in part; and the [49 ] Motion to Exclude the Opinions and Testimony of Richard Bercik, M.D. is GRANTED in part and DENIED in part, as set forth herein. Plaintiff's motions are as follows: the 47 Motion to Exclude the Opinions and Testimony of Gary L. Winn, Ph.D. i s RESERVED; the 45 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the 56 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; the 55 Motion to Exc lude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; and 46 Motion to Limit the Opinions and Testimony of Lonny Green, M.D. is GRANTED in part and DENIED in part and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/19/2016. (cc: counsel of record; any unrepresented party) (ts)
May 6, 2016 Opinion or Order Filing 105 MEMORANDUM OPINION AND ORDER (Daubert Motions) The 38 Motion to Exclude the Testimony of Michael Thomas Margolis, M.D. is GRANTED in part and DENIED in part; the 40 Motion to Exclude the Opinions and Testimony of Thomas Barker, Ph.D. is GRANT ED; the 44 Motion to Exclude the Opinions and Testimony of Jimmy Mays, Ph.D. is GRANTED; the 50 Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D. is GRANTED in part, DENIED in part, and RESERVED in part; the 48 Motion to E xclude the Opinions and Testimony of Russell Dunn, Ph.D. is GRANTED; the 52 Motion to Exclude the Opinions and Testimony of Scott Guelcher, Ph.D. is GRANTED; the 51 Motion to Exclude the Opinions and Testimony of Richard Trepeta, M.D. is GR ANTED in part and DENIED in part; the 57 Motion to Strike and Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. is GRANTED; the 43 Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. is GRANTED in part and DENIED in part; and the 49 Motion to Exclude the Opinions and Testimony of Richard Bercik, M.D. is GRANTED in part and DENIED in part, as set forth herein. Plaintiff's motions are as follows: the 47 Motion to Exclude the Opinions and Testimony o f Gary L. Winn, Ph.D. is RESERVED; the 45 Motion to Exclude or Limit the Testimony of Christine Brauer, Ph.D. is GRANTED; the 56 Motion to Exclude the Testimony and Opinions of Dr. Stephen Spiegelberg, Ph.D. is GRANTED in part and DENIED in part; the 55 Motion to Exclude the Opinions and Testimony of Stephen F. Badylak, D.V.M., Ph.D., M.D. is DENIED; and 46 Motion to Limit the Opinions and Testimony of Lonny Green, M.D. is GRANTED in part and DENIED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 5/6/2016. (cc: counsel of record; any unrepresented party) (ts)
April 1, 2016 Opinion or Order Filing 101 MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) The 41 MOTION by Boston Scientific Corporation for Summary Judgment is GRANTED IN PART with respect to the plaintiff's claims of strict liability for manufacturin g defect, negligent manufacturing, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and damages under section 17.50(a)(2) of the Texas Deceptive Trade Practi ces Act, and DENIED IN PART with respect to the plaintiff's claims of strict liability for design defect, strict liability for failure to warn, negligent design, and negligent failure to warn. Signed by Judge Joseph R. Goodwin on 4/1/2016. (cc: counsel of record; any unrepresented party) (ts)
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Plaintiff: Cheryl A. Carroll
Represented By: Kay L. Van Wey
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Defendant: Boston Scientific Corporation
Represented By: Michael Bonasso
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