Dyer v. C R Bard Incorporated et al

Filing 151

ORDER granting 133 134 135 136 137 138 139 140 141 Motions To Adopt MDL Court Orders, and that the above-referenced orders of the MDL Court be and are ADOPTED in their entirety, and shall be fully applicable to all future proceedings in the above-captioned action. Bard's various ex parte motions to substitute 146 147 148 149 be and are hereby STRICKEN. Signed by Judge Brian A. Jackson on 7/13/2021. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JAMES H DYER, JR.

CIVIL ACTION

VERSUS
NO. 19-00588-BAJ-EWD

C. R. BARD INC., ET AL.
ORDER

Before the Court are multiple motions submitted by Defendants C. R. Bard,
Inc. and Bard Peripheral Vascular, Inc. (collectively, “Bard”), collectively seeking an
order adopting various prior orders entered in the multi-district litigation (“MDL”)
proceeding before the Honorable David G. Campbell in the United States District
Court for the District of Arizona, In Re: Bard IVC Filters Products Liability
Litigation, No. 2:15-MD-02641-PHX-DGC (D. Ariz.):


Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion To Exclude The Opinions Of Rebecca Betensky, Ph.D
(Doc. 133);



Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion And Incorporated Memorandum To Exclude The
Opinions Of David Kessler, M.D. (Doc. 134);



Ex Parte Motion To Adopt MDL Court Order On Bard’s Motion
To Exclude The Opinions Of Thomas Kinney, M.D., Anne
Christine Roberts, M.D., And Sanjeeva Kalva, M.D. (Doc. 135);



Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion And Incorporated Memorandum To Exclude The
Opinions Of David Garcia, M.D. And Michael Streiff, M.D. (Doc.
136);



Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion To Exclude The Opinions Of Darren R. Hurst, M.D. (Doc.

137);


Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion To Exclude The Opinions Of Robert O. Ritchie, Ph.D.
(Doc. 138);



Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion And Memorandum In Support Of Motion To Disqualify
Robert Vogelzang, M.D. And Kush Desai, M.D. As Testifying
Experts (Doc. 139);



Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion And Incorporated Memorandum To Exclude The
Opinions Of Suzanne Parisian, M.D. (Doc. 140); and



Ex Parte/Consent Motion To Adopt MDL Court Order On Bard’s
Motion To Exclude The Opinions Of Robert M. McMeeking,
Ph.D. (Doc. 141).

(Collectively, the “Motions to Adopt”).
The MDL Court orders under consideration for adoption address the
admissibility of expert witness testimony and related reports, and are therefore
within the ambit of the MDL’s “primary purpose,” which was “to centralize all pretrial
proceedings and complete all common fact and expert discovery concerning Bard IVC
filters.” (Doc. 3 at 2, 9 (Suggestion of Remand and Transfer Order)). Moreover,
Plaintiff consents to adoption of each of the proposed MDL Court orders.
Accordingly,
IT IS ORDERED that Bard’s Motions to Adopt be and are hereby
GRANTED, and that the above-referenced orders of the MDL Court be and are
ADOPTED in their entirety, and shall be fully applicable to all future proceedings
in the above-captioned action.
IT FURTHER ORDERED, in light of the forgoing, that Bard’s various ex

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parte motions to substitute (Docs. 146, 147, 148, 149) be and are hereby STRICKEN.
Baton Rouge, Louisiana, this 13th day of July, 2021
_______________________________________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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