Welch v. Wyeth et al

Filing 291

ORDER denying as moot 209 Motion to Exclude; granting 237 Motion for Relief; denying as moot 245 Motion to Exclude; denying 262 Motion for Judgment; denying 273 Motion for Order; denying without prejudice 281 Motion in Limine. Signed by Judge Billy Roy Wilson on 8/27/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION In re: PREMPRO PRODUCTS LIABILITY LITIGATION SONDRA WELCH v. WYETH, et al. : : : : : : : : : : : MDL Docket No. 4:03CV01507-BRW 4:06CV00299-BRW PLAINTIFF DEFENDANTS ORDER 1. Defendants’ Motion to Exclude the August 2002 Premarin Label (Doc. No. 209) is DENIED as MOOT. 2. Defendants’ Motion for Relief Regarding Inaccurate Representation about Dr. Allen (Doc. No. 237) is GRANTED.1 3. Defendants’ Motion to Exclude Undisclosed Expert Causation Opinion (Doc. No. 245) is DENIED as MOOT. 4. Defendants’ Motion for Judgment as a Matter of Law (Doc. No. 262) is DENIED. 5. Plaintiff’s Motion to Strike Undisclosed Expert Testimony of Dr. Lewis Chodosh (Doc. No. 273) is DENIED. 6. Plaintiff’s Motion in Limine to Exclude Testimony of Drs. Ling or Laidley on Mrs. Welch’s Alleged Use of Generic Substitutions for Provera (Doc. No. 281) is DENIED without prejudice. IT IS SO ORDERED this 27th day of August, 2012. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 The limiting instruction reads: “Plaintiff’s counsel stated in her re-direct examination of Dr. Parisian that Defendants would call Dr. Allen as a live witness. That statement is incorrect. Before trial, I instructed the parties to reduce the number of witnesses they intended to call. Based on my instruction, Defendants indicated that they would not be calling Dr. Allen as a witness. The failure to call Dr. Allen should not be considered by you in any way.” 1

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