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In re Ethicon Inc. Pelvic Repair Systems Product Liability Litigation

United States District Court, S.D. West Virginia, Charleston Division

December 16, 2016

IN RE ETHICON INC. PELVIC REPAIR SYSTEMS PRODUCT LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Cases Identified in Exhibit A attached hereto

          ORDER ADOPTING MEMORANDUM OPINION AND ORDER (DAUBERT RULING RE: ELAINE DUNCAN, M.D.)

          JOSEPH R. GOODWIN UNITED STATES DISTRICT JUDGE

         On July 21, 2016, plaintiffs filed a Notice of Adoption of Prior Daubert Motion of Elaine Duncan, M.D. for Wave 2. [ECF No. 2395]. The court ORDERS that the Memorandum Opinion and Order (Daubert Motion re: Elaine Duncan, M.D.) [ECF No. 2656] entered on August 25, 2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 2[1] cases identified in Exhibit A. The Memorandum Opinion and Order (Daubert Motion re: Elaine Duncan, M.D.) is attached hereto as Exhibit B.

         The court DIRECTS the Clerk to file a copy of this Order Adopting Memorandum Opinion and Order in 2:12-md-2327 and in the Ethicon Wave 2 cases identified in the Exhibit attached hereto.

         EXHIBIT A - Elaine Duncan, M.D.

McDonald, Maria

2:12-cv-01366

Fitzgerald, Alina

2:12-cv-01371

Ferguson, Teresa

2:12-cv-01544

Guffey, Gail

2:12-cv-01650 closed

Fleck, Jean

2:12-cv-01681

Bailey, Pamela

2:12-cv-01700

Colbert, Rhonda

2:12-cv-01702

Hoch, Susan

2:12-cv-01703

Johnson, Cynthia

2:12-cv-01704

Meyer, Linda

2:12-cv-01705

Muir, Marilyn

2:12-cv-01706

Shelton, Mary

2:12-cv-01707

Shennum, Janice

2:12-cv-01708

Swanson, Karen

2:12-cv-01709 J.C.

Parker, Belinda

2:12-cv-01710

Raines, Myra

2:12-cv-01735 closed

Heuer, Myra

2:12-cv-01786 closed

Sierra, Ana

2:12-cv-01819

Riggs, Donna

2:12-cv-01967 closed

Carroll, Margaret

2:12-cv-02026

Peterson, Tracy

2:12-cv-02030

Wilson, Tina

2:12-cv-02099

Crabtree, Reba

2:12-cv-02135 J.C.

Manor, Kristy

2:12-cv-02137

Lewis, Marlene

2:12-cv-02139

Messina, Laritza

2:12-cv-02140

Phillips, Ramona

2:12-cv-02143

Pitts, Michelle

2:12-cv-02144

Pippin, Laura

2:12-cv-02152

Bihlmeyer, Donna

2:12-cv-02159 closed

Martin, Patricia

2:12-cv-02185

Miller, Rose

2:12-cv-02187 J.C.

         EXHIBIT B

         IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

         MEMORANDUM OPINION AND ORDER (DAUBERT MOTION RE: ELAINE DUNCAN, M.D.)

         Pending before the court is the Motion to Exclude the Opinions and Testimony of Elaine Duncan, M.D., [ECF No. 2033] filed by the plaintiffs. The Motion is now ripe for consideration because briefing is complete.

         I. Background

         This case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse (“POP”) and stress urinary incontinence (“SUI”). In the seven MDLs, there are more than 75, 000 cases currently pending, approximately 30, 000 of which are in this MDL, which involves defendants Johnson & Johnson and Ethicon, Inc. (collectively “Ethicon”), among others.

         In this MDL, the court's tasks include “resolv[ing] pretrial issues in a timely and expeditious manner” and “resolv[ing] important evidentiary disputes.” Barbara J. Rothstein & Catherine R. Borden, Fed. Judicial Ctr., Managing Multidistrict Litigation in Products Liability Cases 3 (2011). To handle motions to exclude or to limit expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the court developed a specific procedure. In Pretrial Order (“PTO”) No. 217, the court instructed the parties to file only one Daubert motion per challenged expert, to file each motion in the main MDL-as opposed to the individual member cases-and to identify which cases would be affected by the motion. PTO No. 217, at 4.[1]

         II. ...


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