Filing 35

ORDER granting 33 Motion for Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 09/02/2016. (CCL)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION IN RE MENTOR CORP. OBTAPE * TRANSOBTURATOR SLING PRODUCTS * LIABILITY LITIGATION * MDL Docket No. 2004 4:08-MD-2004 (CDL) Case No. 4:13-cv-395 (Revia) O R D E R Plaintiff that were Myra Revia proximately alleges caused by that she defects in suffered injuries Defendant Mentor Worldwide LLC’s suburethral sling product, ObTape Transobturator Tape. Revia also asserts that she suffered injuries because Mentor did not adequately warn her physicians about the risks associated with ObTape. Mentor seeks summary judgment because Revia did not disclose a specific causation expert to opine that Revia’s injuries were caused by defects in ObTape or a failure to warn. See Lewis Decl. ¶ 6, ECF No. 33-3 in 4:13-cv-395 (“Plaintiff has never identified any purported expert witness to opine on the Plaintiff’s issue ObTape of was specific the causation—that proximate cause of is, whether her claimed injuries.”). Once Mentor showed that Revia could not produce admissible evidence to establish specific causation, Revia had the burden to point to some evidence to create a genuine fact dispute on specific causation. See Fed. R. Civ. P. 56(c)(1) (“A party asserting that a fact . . . is genuinely disputed must support the assertion by citing to particular parts of materials in the record[.]”). Revia did not respond to Mentor’s summary judgment motion. Thus, she did not point to any evidence to establish specific causation. claims fail. Without such evidence, all of Revia’s See, e.g., Starr v. A.J. Struss & Co., No. 01-14- 00702-CV, 2015 WL 4139028, at *6 (Tex. App. July 9, 2015) (“To establish causation in a personal injury case, a plaintiff must prove that the conduct of the defendant caused an event and that this event caused the plaintiff to suffer compensable injuries.” (quoting Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 499 (Tex. 1995)).1 Mentor’s summary judgment motion (ECF No. 33 in 4:13-cv-395) is therefore granted. IT IS SO ORDERED, this 2nd day of September, 2016. s/Clay D. Land CLAY D. LAND CHIEF U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA 1 Revia is a Texas resident whose ObTape-related treatment occurred in Texas, and she filed her complaint in this Court. Texas law therefore applies to Revia’s claims. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?