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Dispositive Motions Orders
Date	Docket No.	Order
9/1/2020	427	Dispositive Motions Order No. 1 Granting in Part and Denying in Part Defendants’ Motion for Summary Judgment
9/2/2021	538	Dispositive Motions Order No. 2, Opinion and order denying Defendants’ motion for pre-verdict judgment as a matter of law
10/14/2021	558	Dispositive Motions Order No. 3, Granting in Part and Denying in Part Defendants’ Motion for Summary Judgment
12/21/2021	603	Motions Order No. 4, Order Denying Plaintiff Steven Johns’s Motion for a New Trial
7/12/2022	638	Denying Defendants’ Motion for Judgment as a Matter of Law
7/12/2022	639	Denying Plaintiffs’ Motion for New Trial on Damages
3/13/2023	705	Dispositive Motions Order No. 7, Granting in Part, Denying in Part, Denying as Moot in Part, and Reserving in Part Defendants’ Motion for Summary Judgment
6/20/2023	764	Dispositive Motions Order No. 7-A, Denying in Part as Moot Defendants’ Motion for Summary Judgment
1/31/2024	824	Dispositive Motions Order No. 8, Denying Defendants’ Motion and Renewed Motion for Judgment as a Matter of Law
2/1/2024	826	Dispositive Motions Order No. 9, Granting in Part, Denying in Part as Moot, and Reserving in Part Defendants’ Motion for Summary Judgment

 

Case Management Orders
Date	Docket No.	Order
8/17/2018	3	Case Management Order No. 1, Addressing Preliminary Issues and Setting an Initial Status Conference
9/7/2018	11	Case Management Order No. 2, Providing for Direct Filing of Cases in MDL No. 2846
9/10/2018	12	Case Management Order No. 2-A, Nunc Pro Tunc Order in Reference to Case Management Order No. 2
9/20/2018	60	Case Management Order No. 2-B: Amendment to Procedures for Direct Filing and Pro Hac Vice Admission
9/19/2018	16	Case Management Order No. 3, Appointing Plaintiffs' Steering Committee
6/27/2019	189	Case Management Order No. 3-A: Amending Prior Case Management Order No. 3 Appointing Plaintiffs' Steering Committee
10/26/2018	43	Case Management Order No. 4, Order Regarding the Format of Production of Hardcopy Documents and Electronically Stored Information
10/26/2018	44	Case Management Order No. 5, Preservation of Records
10/26/2018	45	Case Management Order No. 6, Prior Generic Discovery Conducted in In re: Kugel mesh Hernia Patch Products Liability Litigation, MDL 1842 (D.R.I.)
11/2/2018	48	Case Management Order No. 7: Stipulated Protective Order Governing Discovery Documents, ESI, and Depositions
6/27/2019	190	Case Management Order No. 7-A: Protective Order for C.R. Bard, Inc. and Davol Inc.'s Production of HIGHLY CONFIDENTIAL-PROTECTED INFORMATION
6/27/2019	191	Case Management Order No. 7-B: Protective Order for Defendants' Production of Protected Health Information
11/19/2018	57	Case Management Order No. 8: Regarding Plaintiff Profile Forms and Defendant Profile Forms
1/24/2019	93	Case Management Order No. 8-A: Regarding HIPPA Authorizations
11/20/2018	61	Case Management Order No. 9: Governing Initial Pleadings
11/20/2018	62	Case Management Order No. 10: Bellwether Scheduling Order
8/15/2019	207	Case Management Order No. 10-A: Amending Prior Case Management Order No. 10 Bellwether Scheduling Order
9/9/2019	217	Case Management Order No. 10-B (Amended Bellwether Scheduling Order)
12/11/2018	70	Case Management Order No. 11: Regarding Management of Timekeeping, Cost Reimbursement, and Related Common Benefit Issues.
1/15/2019	91	Case Management Order No. 11-A, Regarding Exhibit B
12/19/2018	75	Case Management Order No. 12: Regarding Defendant Profile Forms
12/19/2018	76	Case Management Order No. 13: Stipulated Pathology Preservation Protocol
3/8/2019	109	Case Management Order No. 14: Regarding Plaintiff Fact Sheets
3/22/2019	125	Case Management Order No. 15: Approving Bellwether Discovery Pool
4/1/2019	128	Case Management Order No. 16: Regarding Defendant Fact Sheets
4/3/2019	130	Case Management Order No. 17: Regarding Privilege Log Protocol
6/7/2019	172	Case Management Order No. 18: Regarding Amending Pleadings for Bellwether Pool Cases
6/20/2019	179	Case Management Order No. 19: Stipulated Pathology Examination and Division Protocol for Bellwether Pool Cases
11/05/2019	258	Case Management Order No. 20 Finalizing Selection of and Schedule for Bellwether Trial Cases
11/27/2019	274	Case Management Order No. 20-A Amended Order Finalizing Selection of and Schedule for Bellwether Trial Cases
12/2/2019	276	Case Management Order No. 21 PSC Access to Plaintiff Profile Forms
12/4/2019	278	Case Management Order No. 22 Deposition Conduct, Time Limits, and Location
12/12/2019	283	Case Management Order No. 23 Pretrial and Trial Schedule for First Bellwether Trial Case
3/24/2020	365	Case Management Order No. 23-A Amended Pretrial and Trial Schedule for First Bellwether Trial Case
5/5/2020	379	Case Management Order No. 23-B Pretrial and Trial Schedule for First Bellwether Trial Case
10/14/2020	354	Case Management Order 23-C
11/23/2020	448	Case Management Orders 23-D
1/7/2020	292	Case Management Order No. 24 PSC Access to Certain Animal Study Slides
1/24/2020	318	Case Management Order No. 25 Selection of Initial Bellwether Trial Cases
1/28/2020	320	Case Management Order No. 26 Procedure for Filing Under Seal
1/30/2020	326	Case Management Order No. 27 Dispositive and Daubert Motions in Johns
2/12/2020	345	Case Management Order No. 26-A Amended Procedure for Filing Under Seal
3/24/2020	366	Case Management Order No. 28-A Amended Dispositive and Daubert Motion Schedule for Milanesi
3/24/2020	367	Case Management Order No. 29 Pretrial and Trial Schedule for Second Bellwether Trial Case
12/14/2020	453	Case Management Order No. 30 – Supplemental Protocol Regarding Remote Depositions
12/30/2020	455	Case Management Order No. 28-B – Dispositive and Daubert Motions Schedule for Milanesi
1/29/2021	472	Case Management Order No. 28-C – Dispositive and Daubert Motion Schedule for Milanesi
3/9/2021	489	Case Management Order No. 23-E – Pretrial and Trial Scheduled for First Bellwether Case
4/20/2021	498	Order Memorializing Developments in First Two Bellwether cases
6/8/2021	512	Case Management Order No. 31, Order Establishing the Fund Accounts and Appointing an Escrow Agent
6/10/2021	514	Case Management Order No. 25-A, Selection of Bellwether Cases
6/10/2021	515	Case Management Order No. 23-F, Pretrial and Trial Schedule for First Bellwether Case
6/10/2021	516	Order Memorializing June 8, 2021 Case Management Conference
7/22/2021	484	Case Management Order No. 32, Allocation of trial time for first bellwether trial.
7/29/2021	498	Case Management Order No. 23-G, Final Pretrial Case Management Order.
9/29/2021	554	Case Management Order No. 29-A, Pretrial and Trial Schedule for Second Bellwether Trial Case
10/14/2021	559	Case Management Order No. 30, Allocation of Trial Time for Second Bellwether Trial
1/11/2022	606	Case Management Order No. 29-C, Pretrial and Trial Schedule for Second Bellwether Trial
7/5/2022	637	Case Management Order No. 33, Denying Defendants’ Motion for Docket Control Order
8/17/2022	653	Case Management Order No. 34, Order Appointing Settlement Master
8/17/2022	656	Case Management Order No. 35, Order Memorializing August 17, 2022 Case Management Conference
9/9/2022	660	Case Management Order No. 36, Order Regarding Motions to Substitute Under FRCP 25(a)
9/9/2022	661	Case Management Order No. 37, Pretrial and Trial Schedule for Third Bellwether Case
10/4/2022	665	Case Management Order No. 38, Order Setting Next Case Management Conference
11/9/2022	674	Case Management Order No. 39, Order Regarding Stinson Trial and Setting Next Case Management Conference
12/7/2022	681	Case Management Order No. 37-A, Amended Pretrial and Trial Schedule for Third Bellwether Case
2/1/2023	690	Case Management Order No. 40, Order Memorializing January 31, 2023 Case Management Conference
2/1/2023	691	Case Management Order No. 37-B, Amended Pretrial and Trial Schedule for Third Bellwether Case
3/7/2023	702	Case Management Order No. 41, Order Memorializing March 7, 2023 Case Management Conference
3/13/2023	704	Case Management Order No. 37-C, Amended Pretrial and Trial Schedule for Third Bellwether Case
3/15/2023	707	Case Management Order No. 42, Order Vacating Trial Schedule for Third Bellwether Case
3/17/2023	709	Case Management Order No. 37-D, Amended Pretrial and Trial Schedule for Third Bellwether Case
4/12/2023	716	Case Management Order No. 43, Order Memorializing April 11, 2023 Case Management Conference
5/17/2023	733	Case Management Order No. 44, Order Memorializing May 17, 2023 Case Management Conference
6/20/2023	766	Case Management Order No. 45, Order Memorializing June 12, 2023 Case Management Conference
7/13/2023	774	Case Management Order No. 46, Order Memorializing July 13, 2023 Case Management Conference
8/31/2023	778	Case Management Order No. 47, Order Memorializing August 29, 2023 Case Management Conference
11/21/2023	801	Pretrial and Trial Schedule for Fourth Bellwether Case
1/10/2024	814	Case Management Order No. 49, Order Memorializing January 10, 2024 Case Management Conference
2/1/2024	827	Case Management Order No. 50, Denying Plaintiff’s Motion for CMO and Vacating Trial Schedule
2/16/2024	830	Case Management Order No. 26-B, Amended Procedure for Filing Under Seal
2/16/2024	831	Case Management Order No. 51, Mediation Scheduling Order
7/6/2024	850	Case Management Order No. 52, Stay Order
7/6/2024	851	Case Management Order No. 53, Docket Control Order
10/7/2024	862	Case Management Order No. 54, Dismissal and Withdrawal of Counsel Order
11/21/2024	868	Case Management Order No. 55, Special Masters and Intensive Settlement Process
12/16/2024	873	Case Management Order No. 57, Qualified Protective Order
12/16/2024	872	Case Management Order No. 56, Establishment of Qualified Settlement Fund
10/31/2025	919	Mechanism and Timing of Payments into MDL Common Benefit Accounts

 

Evidentiary Motions Orders
Date	Docket No.	Order
3/10/2020	356	Evidentiary Motions Order No. 1 Bard’s Motion to Strike Plaintiff’s Expert Dr. David Grischkan’s Supplemental Report and Reliance List
3/10/2020	357	Evidentiary Motions Order No. 2 Bard’s Motion to Strike Plaintiff’s Ahmed El-Ghannam, Ph.D’s Supplemental Report and Reliance List
4/16/2020	372	Evidentiary Motions Order No. 3 Plaintiff’s Motion to Strike Undisclosed Opinions of Defense Expert Stephen Badylak, D.V.M., Ph.D., M.D.
6/8/2020	389	Evidentiary Motions Order No. 4 Bard’s Motion to Strike Declaration of Joseph Weldon Jensen, D.O
9/1/2020	428	Evidentiary Motions Order No. 5, Granting in Part and Denying in Part Defendants’ Motion to Exclude the Testimony of Plaintiff’s Expert David Grischkan, M.D., FACS and Granting in Part and Denying in Part Defendants’ Motion to Exclude Testimony of Plaintiff’s Expert Julia Babensee, Ph.D.
9/10/2020	431	Evidentiary Motions Order No 6, Denying in Part and Reserving in Part Bard's Motion to Exclude Dr. El-Ghannam
9/11/2020	432	Evidentiary Motions Order No. 7, Granting in Part and Denying in Part Plaintiff’s Motion to Exclude Dr. Novitsky and Dr. Renton
3/9/2021	488	Evidentiary Motions Order No. 8 – Plaintiff’s Motion to Exclude the Opinion and Testimony of Defense Expert Maureen T.F. Reitman, Sc.D.
6/4/2021	511	Order Granting Defendants’ Motion to Compel Production and Denying as Moot Defendants’ Motion to Strike Dr. Nagy
6/28/2021	528	Evidentiary Motions Opinion and Order No. 9, Opinion and Order Addressing Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiff’s Expert John L. Quick and Plaintiff’s Motions to Exclude the Opinions
6/28/2021	529	Evidentiary Motions Opinion and Order No. 10, Opinion and Order Granting in Part and Denying in Part Defendants’ Defendants’ Motion to Exclude the Opinion and Testimony of Plaintiff’s Expert Jimmy Mays, Ph.D.
6/28/2021	530	Evidentiary Motions Opinion and Order No. 11, Opinion and Order Granting in Part and Denying in Part Plaintiff’s Motions to Exclude the Opinions and Testimony of Defense Experts Robert D. Tucker, Ph.D., M.D. and James M. Anderson, M.D., Ph.D.
6/28/2021	531	Evidentiary Motions Opinion and Order No. 12, Opinion and Ordering Addressing Defendants’ Motions to Exclude the Opinions and Testimony of Plaintiff’s experts Robert W. Johnson, John A. Morrison, and Kenenth M. Rudo, Ph.D.
6/28/2021	532	Evidentiary Motions Opinion and Order No. 13, Opinion and Ordering Granting in Part and Denying in Part Plaintiff’s Motions to Exclude the Opinions and Testimony of Defense Expert Stephen Badylak, D.V.M., Ph.D., M.D., and to Strike the Supplemental Opinions and Report of Defense Expert Stephen Badylak
7/29/2021	499	Evidentiary Motions Order No. 14,  Opinion and order denying Defendants’ motion to strike undisclosed opinions of Defense Expert James M. Anderson, M.D., Ph.D.
8/1/2021	501	Evidentiary Motions Order No. 15, Opinion and order granting in part and denying in part Defendants’ Motion to Strike New Opinions Proffered by Plaintiffs’ Substitute FDA Expert, Michael G. Beatrice, Ph.D. and Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiff’s Expert Michael G. Beatrice, Ph.D.
10/14/2021	557	Evidentiary Motions Opinion and Order No. 17, Opinion and Order Denying Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiff’s Expert David Krpata, M.D.
10/22/2021	560	Evidentiary Motions Opinion and Order No. 18, Opinion and Order Granting in Part, Denying in Part, and Denying in Part as Moot Plaintiffs’ Motion to Exclude the Opinions and Testimony of Defendants’ Expert Prashant Sinha, M.D.
10/22/2021	561	Evidentiary Motions Opinion and Order No. 19, Opinion and Order Granting in Part, Denying in Part, and Denying in Part as Moot Plaintiffs’ Motion to Exclude the Opinions and Testimony of Defendants’ Expert Maureen T.F. Reitman, Sc.D.; Granting in Part and Denying in Part Plaintiffs’ Motion to Exclude the Opinions and Testimony of Defendants’ Expert Stephen Badylak, D.V.M., Ph.D., M.D.; and Granting in Part and Denying in Part Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert Jimmy Mays, Ph.D.
10/26/2021	562	Evidentiary Motions Opinion and Order No. 20, Opinion and Order Denying Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert Ahmed El-Ghannam, Ph.D.; Granting Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert Robert W. Johnson; Granting in Part and Denying in Part Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert John L. Quick; and Granting in Part and Denying in Part Plaintiffs’ Motion to Exclude the Opinions and Testimony of Defendants’ Expert James M. Anderson, M.D., Ph.D.
11/2/2021	565	Evidentiary Motions Opinion and Order No. 21, Opinion and Order Granting in Part and Denying in Part Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert John A. Morrison, M.D.; and Granting Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert Kenneth Rudo, Ph.D.
11/2/2021	566	Evidentiary Motions Opinion and Order No. 22, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motions to Exclude the Opinions and Testimony of Defendants’ Experts George Kevin Gillian, M.D., F.A.C.S., and Zachary L. Gleit, M.D., F.A.C.S.
11/2/2021	567	Evidentiary Motions Opinion and Order No. 23, Opinion and Order Granting in Part, Denying in Part, Denying in Part as Moot, and Reserving in Part Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiffs’ Expert Julia Babensee, Ph.D.
11/2/2021	568	Evidentiary Motions Opinion and Order No. 24, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motions to Exclude the Opinions and Testimony of Defendants’ Experts Donna-Bea Tillman, Ph.D., Kimberly Trautman, M.S., and Robert D. Tucker, Ph.D., M.D.; Granting Plaintiffs’ Motions to Exclude the Opinions and Testimony of Defendants’ Experts Greg Richey, Thomas Michel Galassi, and Marion J. Fedoruk, M.D.; and Denying as Moot Defendants’ Motions to Exclude the Opinions and Testimony of Plaintiffs’ Expert David Kessler, M.D.
2/15/2022	611	Evidentiary Motions Opinion and Order No. 25, Opinion and Order Granting in Part, Denying in Part, and Denying in Part as Moot Defendants’ Motions to Exclude the Opinions and Testimony of Plaintiffs’ Expert Michael Beatrice, Ph.D.
3/14/2023	706	Evidentiary Motions Order No. 26, Granting in Part, Denying in Part, and Denying as Moot in Part Defendants’ Motion to Exclude the Opinions and Testimony of Plaintiff’s Expert Dr. David Grischkan.
4/13/2023	718	Evidentiary Motions Order No. 27, Granting in Part and Denying in Part Plaintiff’s Motions to Exclude Defense Experts Donna-Bea Tillman, Ph.D, Kimberly A. Trautman, M.S., and James Anderson, M.D., Ph.D.; and Granting Plaintiff’s Motion to Exclude Defense Expert John L. Quick.
6/2/2023	743	Evidentiary Motions Order No. 28, Denying in Part and Reserving in Part Defendants’ Motion to Exclude Plaintiff’s Expert Dr. Ahmed El-Ghannam, Ph.D.; and Granting in Part, Denying in Part, and Reserving in Part Defendants’ Motions to Exclude Plaintiff’s Experts Dr. Julia Babensee, Ph.D., and Dr. Jimmy Mays, Ph.D.
6/2/2023	744	Evidentiary Motions Order No. 29, Granting in Part and Denying in Part Plaintiff’s Motions to Exclude Defense Experts Dr. Steven Badylak, D.V.M, Ph.D., M.D., and Dr. Robert D. Tucker, Ph.D., M.D.; and Granting in Part, Denying in Part, and Reserving in Part Plaintiff’s Motion to Exclude Defense Expert Dr. Maureen Reitman, Sc.D.
6/6/2023	746	Evidentiary Motions Order No. 30, Granting in Part, Denying in Part, and Denying in Part as Moot Defendants’ Motion to Exclude Plaintiff’s Expert Dr. David Kessler, M.D.
6/6/2023	259	Evidentiary Motions Order No. 31, Granting in Part and Denying in Part Defendants’ Motion to Exclude Plaintiff’s Expert Robert W. Johnson
6/12/2023	756	Evidentiary Motions Order No. 32, Granting Defendants’ Motion to Strike Plaintiff’s Expert Dr. Michael Beatrice
10/5/2023	783	Evidentiary Motions Order No. 33, Granting in Part and Denying in Part Plaintiff’s Motion to Exclude Defense Expert B.J. Pomerants, M.D., F.A.C.S.
10/24/2023	795	Evidentiary Motions Order No. 34, Granting in Part and Denying in Part Defendants’ Motion to Exclude Supplemental Opinions of Plaintiff’s Expert David Grischkan, M.D., F.A.C.S.
10/25/2023	796	Evidentiary Motions Order No. 35, Granting Defendants’ Motion to Exclude Plaintiff’s Expert Dr. Dipak Panigrahy

 

Pretrial Orders
Date	Docket No.	Order
9/7/2018	8	Pretrial Order No. 1, September 5, 2018 Conference
10/3/2018	19	Pretrial Order No. 2, Stipulated Order On Case Information Session
10/12/2018	24	Pretrial Order No. 3, October 10, 2018 Conference and Information Session
11/15/2018	54	Pretrial Order No. 4: November 15, 2018 Conference
12/19/2018	74	Pretrial Order No. 5: December 18, 2018 Status Conference
1/24/2019	95	Pretrial Order No. 6: January 22, 2019 Status Conference
3/8/2019	110	3/8/2019 - Docket No. 110 - Pretrial Order No. 7: March 6, 2019 Status Conference
4/19/2019	143	Pretrial Order No. 8: April 17, 2019 Status Conference
6/27/2019	188	Pretrial Order No. 9: June 25, 2019 Status Conference
10/4/2019	232	Pretrial Order No. 10: October 1, 2019 Status Conference
11/21/2019	272	Pretrial Order No. 11: November 14, 2019 Status Conference
1/22/2020	312	Pretrial Order No. 12 January 13, 2020 Status Conference
3/18/2020	362	Pretrial Order No. 13 March 16, 2020 Status Conference
4/24/2020	376	Pretrial Order No. 14 April 21, 2020 Status Conference
5/27/2020	385	Pretrial Order No. 15 May 21, 2020 Status Conference
6/19/2020	390	Pretrial Order No. 16 June 18, 2020 Status Conference
7/20/2020	409	Pretrial Order No. 17, July 20, 2020 Status Conference
8/13/2020	419	Pretrial Order No. 18, August 13, 2020 Status Conference

 

Discovery Orders
Date	Docket No.	Order
10/31/2018	46	Discovery Order No. 1: Protective Order regarding Third Party Witness Depositions
1/28/2019	96	Discovery Order No. 2: Regarding Production of Foreign Regulatory Documents
4/19/2019	144	Discovery Order No. 3: Regarding Defendants' Motion to Compel Plaintiffs' Interrogatories
4/26/2019	156	Discovery Order No. 4: Regarding Plaintiffs' Motion to Quash Defendants' Cross Notice of Depositions of Defendant Employees
5/10/2019	160	Discovery Order No. 5: Regarding Defendants' Notice of Compliance with Pretrial Order No. 8
9/19/2019	222	Discovery Order No. 6: Regarding PSC's Motion to Compel
10/8/2020	351	Order Regarding Live and Video Depositions
12/17/2020	383	Discovery Order, Order Addressing Discovery Dispute Regarding Discoverability of Redacted Lab Reports and the Scope of Dr. El-Ghannam’s Supplemental Deposition
2/18/2021	422	Discovery Order, Opinion and Order Granting Plaintiff’s Motion to Compel Production from Red Oak Sales
6/18/2021	523	Discovery Order, Order Regarding Scope of Plaintiff’s Expert Dr. Michael G. Beatrice, Ph.D.’s Deposition
4/13/2023	717	Discovery Order, Granting Defendants’ Motion to Quash
6/8/2023	266	Discovery Order, Denying Plaintiff’s Motion to Compel

 

Miscellaneous Orders
Date	Docket No.	Order
8/6/2018	1	Transfer Order from the MDL Panel

 

Motions in Limine Orders
Date	Docket No.	Order
8/31/2020	426	Motions in Limine Order No. 1
9/11/2020	433	Motions in Limine Order No. 1-A
9/11/2020	434	Motions in Limine Order No. 2
9/11/2020	435	Motions in Limine Order No. 3
10/20/2020	355	Motions in Limine Order No. 4
11/3/2020	445	Motions in Limine Opinion and Order No. 5
11/13/2020	446	Motions in Limine Order No. 6
12/3/2020	449	Motions in Limine Opinion and Order No. 7
12/30/2020	456	Motion in Limine Opinion and Order No. 8
1/5/2021	457	Motion in Limine Opinion and Order No. 9
1/1/2021	461	Motion in Limine Opinion and Order No. 10
2/20/2021	479	Motions in Limine Opinion and Order No. 11
6/28/2921	526	Motion in Limine Opinion and Order No. 12, Opinion and Order Granting in Part and Denying in Part Defendants’ Motion in Limine No. 15 to Exclude Evidence and Argument Concerning Marketing Materials and Acts of Defendants’ Sales Representatives Not Relied Upon by the Prescribing Physician
6/28/2021	527	Motion in Limine Opinion and Order No. 13, Opinion and Order Denying Plaintiff’s Motion in Limine No. 24 To Exclude the Topic of Dr. David Kessler’s Prior Expert Designation and Opinions and Plaintiff’s Motion in Limine No. 25 to Prohibit All References at Trial to the Fact that Evidence has been Excluded
7/20/2021	480	Opinion and Order, Opinion and order granting in part and denying in part Plaintiff’s Motion for Partial Reconsideration and/or Motion for Clarification of Motion in Limine Opinion and Order No. 12.
8/2/2021	503	Motions in Limine Order No. 14, Opinion and order declining to revisit Motion in Limine Order No. 5 regarding evidence of the Composix Kugel Recall, FDA Inspection, and Audits.
11/30/2021	571	Motions in Limine Opinion and Order No. 15, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 3 to Exclude Evidence Relating to the United States Food and Drug Administration and Denying Defendants’ Motion in Limine No. 25 to Exclude Evidence Related to the FDA 510(k) Process
11/30/2021	572	Motions in Limine Opinion and Order No. 16, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 6 to Exclude All Evidence Related to Plaintiff’s Irrelevant Prior Conduct and Irrelevant Medical History
11/30/2021	573	Motions in Limine Opinion and Order No. 17, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 4 to Preclude Any Evidence or Argument Concerning Defendants’ Employees, Witnesses, Expert Witnesses, and/or Their Family Members or Friends’ Personal Experience with Hernia Mesh
12/2/2021	574	Motions in Limine Opinion and Order No. 18, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 1 to Exclude Certain Subjects from Evidence at Trial; Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 5 to Exclude Evidence or Argument Regarding the “Gold Standard” and “Standard of Care,” That Other Products or Procedures Would Have Caused the Same or Similar Complications, or That the Ventralex is a “Lifesaving” Device; Granting Plaintiffs’ Motion in Limine No. 11 to Exclude Evidence Regarding Plaintiffs’ Counsel; Granting Plaintiffs’ Motion in Limine No. 12 to Exclude Argument as to Potential Impact of a Plaintiffs’ Verdict on the Availability of Treatment Options; Denying as Moot Plaintiffs’ Motion in Limine No. 16 to Exclude the FDA’s Hernia Surgical Mesh Implants Webpage; and Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 17 to Exclude Evidence Regarding the Number of Times an Expert Witness’s Testimony was Accepted or Rejected in Other Litigation
12/2/2021	575	Motions in Limine Opinion and Order No. 19, Opinion and Order Denying Defendants’ Motion in Limine No. 23 to Exclude Evidence Regarding Polypropylene Degradation
12/2/2021	576	Motions in Limine Opinion and Order No. 20, Opinion and Order Denying Plaintiffs’ Motion in Limine No. 14 to Exclude Evidence of the ISO Standards/Guidelines to Support Legal Theories or Establish the Product’s Safety and Efficacy, and Denying Plaintiffs’ Motion in Limine No. 15 to Exclude Evidence and Argument Relating to the Hospital’s Surgical Consent Forms
12/2/2021	577	Motions in Limine Opinion and Order No. 21, Opinion and Order Denying Defendants’ Motion in Limine No. 17 to Exclude Evidence and Argument Concerning Unrelated Investigations, Convictions, Congressional Committee Proceedings and Letters, Settlements, or Alleged Bad Acts
12/2/2021	578	Motions in Limine Opinion and Order No. 22, Opinion and Order Denying in Part and Denying in Part as Moot Plaintiffs’ Motion in Limine No. 8 to Exclude Certain Evidence Related to UCSF and Abbott Warning Letters
12/2/2021	579	Motions in Limine Opinion and Order No. 23, Opinion and Order Granting Defendants’ Motion in Limine No. 20 to Exclude Reference to C-8 (perfluorooctanoic acid) and the In re: E.I. Du Pont de Nemours and Company C-8 Personal Injury Litigation
12/7/2021	581	Motions in Limine Opinion and Order No. 24, Opinion and Order Granting Defendants’ Motion in Limine No. 19 to Exclude Evidence and Argument Concerning Any Impact of Plaintiffs’ Alleged Injuries on Family and Friends, and Granting Defendants’ Motion in Limine No. 21 to Limit the Use of Any Deposition Testimony and Exhibits During Opening Statements
12/7/2021	582	Motions in Limine Opinion and Order No. 25, Opinion and Order Denying in Part and Denying in Part as Moot Plaintiffs’ Motion in Limine No. 10 to Exclude any Evidence or Argument Concerning the Alleged Negligence or Fault of the Implanting Surgeon
12/7/2021	583	Motions in Limine Opinion and Order No. 26, Opinion and Order Granting Plaintiffs’ Motion in Limine No. 19 to Prohibit Defendants from Stating that “All Doctors” Know the Risks of Injuries Suffered by Plaintiff
12/7/2021	584	Motions in Limine Opinion and Order No. 27, Opinion and Order Granting Defendants’ Motion in Limine No. 16 to Exclude Evidence and Argument Concerning Defendants’ Financial Condition Until the Court Determines that Grounds for Punitive Damages Exist
12/8/2021	585	Motions in Limine Opinion and Order No. 28, Opinion and Order Denying Without Prejudice Defendants’ Motion in Limine No. 15 to Exclude Evidence and Argument Concerning Marketing Materials Created and Statements Made After the Implant Surgery and/or Not Relied Upon by the Implanting Surgeon
12/9/2021	586	Motions in Limine Opinion and Order No. 29, Opinion and Order Granting in Part and Denying in Part Defendants’ Motion in Limine No. 18 to Exclude Evidence and Argument Concerning Corporate Intent, Motives, or Ethics
12/9/2021	587	Motions in Limine Opinion and Order No. 30, Opinion and Order Denying Defendants’ Motion in Limine No. 9 to Exclude Evidence and Argument Concerning “Medical Grade” Polypropylene, Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 13 to Exclude Testimony or Argument Regarding the Purported Safety of Polypropylene Mesh Devices Generally and the Irrelevant Evidence of the Explanter’s Use of the Ventralex Device, and Denying as Moot Plaintiffs’ Motion in Limine No. 18 to Prohibit Statements That the Risks of Polypropylene are the Same Regardless of Amount or Placement
12/9/2021	588	Motions in Limine Opinion and Order No. 31, Opinion and Order Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 7 to Exclude Testimony and Argument Related to the Adverse Event Rate of the Ventralex Patch from Defendants’ Counsel As Well As Any Undisclosed Expert Opinions
12/13/2021	590	Motions in Limine Opinion and Order No. 32, Opinion and Order Denying in Part and Reserving Judgment in Part on Defendants’ Motion in Limine No. 2 to Exclude Evidence and Argument Concerning Material Safety Data Sheets and Technical Data Sheets, and Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 2 to Exclude Reference to Reason for Warnings on Any MSDS and TDS
12/13/2021	591	Motions in Limine Opinion and Order No. 33, Opinion and Order Granting Defendants’ Motion in Limine No. 22 to Exclude Evidence and Argument Concerning Whistleblower Letters Referencing Dr. Tillman and Related Records
12/13/2021	592	Motions in Limine Opinion and Order No. 34, Opinion and Order Denying Defendants’ Motion in Limine No. 12 to Exclude Evidence and Argument Concerning Medical Device Reports and Complaints Related to Patients Other Than Plaintiff
12/13/2021	593	Motions in Limine Opinion and Order No. 35, Opinion and Order Denying Defendants’ Motion in Limine No. 8 to Exclude Evidence and Argument Concerning Alleged Fraud on the FDA, Misbranding, or Violation of FDA Regulations
12/13/2021	594	Motions in Limine Opinion and Order No. 36, Opinion and Order Denying Defendants’ Motion in Limine No. 3 to Exclude Evidence and Argument Concerning Irrelevant Bard Devices
12//13/2021	595	Motions in Limine Opinion and Order No. 37, Opinion and Order Granting in Part and Denying in Part Defendants’ Motion in Limine No. 13 to Exclude Evidence and Argument Concerning Other Litigation
12//13/2021	596	Motions in Limine Opinion and Order No. 38, Opinion and Order Denying Defendants’ Motion in Limine No. 1 to Exclude Evidence and Argument Concerning Composix Kugel Ring Breaks and Recall; Denying Defendants’ Motion in Limine No. 4 to Exclude Evidence and Argument Concerning Alleged Complications and Defects That Did Not Occur in This Case; and Denying in Part Defendants’ Motion in Limine No. 5 to Exclude Evidence and Argument Concerning FDA Inspections and Third-Party Audits
12//13/2021	597	Motions in Limine Opinion and Order No. 39, Opinion and Order Denying Defendants’ Motion in Limine No. 10 to Exclude Evidence and Argument Concerning Possible Current Injuries and Future Complications
12//13/2021	598	Motions in Limine Opinion and Order No. 40, Opinion and Order Denying Defendants’ Motion in Limine No. 6 to Exclude Evidence and Argument Concerning Foreign Regulatory Actions
12//13/2021	599	Motions in Limine Opinion and Order No. 41, Opinion and Order Denying Defendants’ Motion in Limine No. 24 to Exclude Evidence and Argument About Alleged Injuries of Others
12//13/2021	600	Motions in Limine Opinion and Order No. 42, Opinion and Order Granting in Part and Denying in Part Defendants’ Motion in Limine No. 7 to Exclude Evidence and Argument Concerning Non-Existent Duties
12//13/2021	601	Motions in Limine Opinion and Order No. 43, Opinion and Order Granting in Part and Denying in Part Defendants’ Motion in Limine No. 11 to Exclude Evidence and Argument Concerning the Later Switch from a PET Ring to a PDO Ring in the Ventralex; and Granting in Part and Denying in Part Plaintiffs’ Motion in Limine No. 9 to Exclude Any Evidence or Argument that the Ventralex Patch or Any Other “Ventralex” Products Have Never Been Recalled by the FDA
12//13/2021	602	Motions in Limine Opinion and Order No. 44, Opinion and Order Granting in Part Defendants’ Motion in Limine No. 14 to Exclude Evidence and Argument Concerning Defendants’ Conduct Postdating Plaintiff’s Implant Surgery
6/6/2023	747	Motions in Limine Opinion and Order No. 45 Granting in Part and Denying in Part Plaintiff’s MIL Nos. 1, 5, and 17; Granting Plaintiff’s MIL Nos. 11 and 12; and Denying Plaintiff’s MIL No. 16
6/6/2023	748	Motions in Limine Opinion and Order No. 46 Granting in Part and Denying in Part Plaintiff’s MIL Nos. 2, 4, 8, 7, and 15; and Denying Plaintiff’s MIL No. 9
6/6/2023	749	Motions in Limine Opinion and Order No. 47 Granting in Part and Denying in Part Plaintiff’s MIL Nos. 13 and 21; Denying in Part and Denying in Part as Moot Plaintiff’s MIL No. 18; Granting Plaintiff’s MIL No. 19; and Denying as Moot Plaintiff’s MIL No. 22
6/6/2023	750	Motions in Limine Opinion and Order No. 48 Granting Defendants’ MIL Nos. 2, and 4; Denying in Part and Denying in Part as Moot Plaintiff’s MIL No. 3; Denying Defendants’ MIL No. 3; and Granting Plaintiff’s MIL No. 14
6/6/2023	751	Motions in Limine Opinion and Order No. 49 Denying Plaintiff’s MIL No. 23 to Exclude Evidence Regarding Workers’ Compensation
6/12/2023	755	Motions in Limine Opinion and Order No. 50 Granting Defendants’ MIL No. 7 to Exclude Evidence Regarding 2011 Line Fire
6/12/2023	757	Motions in Limine Opinion and Order No. 51 Granting in Part, Denying in Part, Denying in Part as Moot, and Reserving in Part Defendants’ Omnibus MIL No. 1
10/13/2023	782	Motions in Limine Order No. 52, Order Granting Defendants’ MIL No. 5 and Granting in Part and Denying in Part Defendants’ MIL No. 6
10/26/2023	784	Motions in Limine Order No. 53, Order Granting in Part and Denying in Part Plaintiff’s MIL No. 6; Granting in Part, Denying in Part, Denying in Part as Moot, and Reserving in Part Plaintiff’s MIL No. 20; Denying as Moot Plaintiff’s MIL No. 28; and Reserving Plaintiff’s MIL No. 29
10/06/2023	785	Motions in Limine Order No. 54, Order Reserving Plaintiff’s MIL No. 27 and Denying Plaintiff’s MIL No. 31
10/06/2023	786	Motions in Limine Order No. 55, Order Granting Plaintiff’s MIL No. 32 and Granting in Part and Denying in Part Plaintiff’s MIL No. 26
10/06/2023	787	Motions in Limine Order No. 56, Order Denying in Part and Denying in Part as Moot Plaintiff’s MIL No. 10
10/06/2023	788	Motions in Limine Order No. 57, Order Denying Plaintiff’s MIL No. 33
10/19/2023	790	Motions in Limine Order No. 58, Order Granting Plaintiff’s MIL No. 25 and MIL No. 30; Denying Plaintiff’s MIL No. 24; Denying Plaintiff’s Motion for Reconsideration; and Denying Defendants’ MIL No. 10
10/24/2023	794	Motions in Limine Order No. 59, Order Denying Plaintiff’s Request to Introduce Summary Exhibit at Trial
1/4/2023	806	Motions in Limine Order No. 60, Order Granting in Part and Denying in Part Defendants’ MIL No. 8 and Defendants’ MIL No. 9, and Denying as Moot Plaintiff’s Supplemental MIL Nos. 26 and 32

 

Judgement and Trial Materials
Date	Docket No.	Order
9/8/2021	510	Jury Verdict Forms, Jury verdict forms
9/9/2021	510	Clerk’s Judgment in a Civil Action, Clerk’s judgment stating that pursuant to the jury’s verdict the case was found to be in favor of the Defendants and closing the case
9/9/2021	510	Final Jury Instructions, Final Jury Instructions