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Select Orders by Classification MDL 2846

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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

 

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

 

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.

 

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

 

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