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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: GREGORY T. BALES, M.D.)

          JOSEPH R. GOODWIN, UNITED STATES DISTRICT JUDGE

         On July 21, 2016, plaintiffs filed a Notice of Adoption of Prior Daubert Motion of Gregory T. Bales, M.D. for Wave 2. [ECF No. 2392]. The court ORDERS that the Memorandum Opinion and Order (Daubert Motion re: Gregory T. Bales, M.D.) [ECF No. 2665] 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: Gregory T. Bales, 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.

         JOSEPH R. GOODWIN, UNITED STATES DISTRICT JUDGE

         EXHIBIT A - Gregory T. Bales, M.D.

Schomer, Margaret

2:12-cv-01497

Allen, Diana

2:12-cv-01676

Miller, Mona

2:12-cv-01696

Meyer, Linda

2:12-cv-01705

Henry, Lana

2:12-cv-01938

Young-Poole, Brenda

2:12-cv-01962

Pieper, Laura

2:12-cv-02189

         EXHIBIT B

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

         IN RE: ETHICON INC. PELVIC REPAIR SYSTEMS PRODUCT LIABILITY LITIGATION

         THIS DOCUMENT RELATES TO:

         Cases Identified in the Motion

         MDL No. 2327

         MEMORANDUM OPINION AND ORDER (DAUBERT MOTION RE: GREGORY T. BALES, M.D.)

         Pending before the court is the Motion to Exclude the General Opinion Testimony of Gregory T. Bales, M.D. [ECF No. 2054] 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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