Ray v. Ethicon, Inc. et al

Filing 91

ORDER granting 47 Motion to Exclude Certain Case-Specific Opinions of Konstantin Walmsley, M.D.. Signed by District Judge Debra M. Brown on 9/10/20. (jla)

Case: 1:20-cv-00129-DMB-RP Doc #: 91 Filed: 09/10/20 1 of 1 PageID #: 22363

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
DARLA RAY

PLAINTIFF

V.

NO. 1:20-CV-129-DMB-RP

JOHNSON & JOHNSON, et al.

DEFENDANTS

ORDER
In this case alleging the negligent manufacture and design of an implanted medical device,
on December 18, 2018,1 the defendants filed a motion to exclude the expert opinion of Konstantin
Walmsley on the ground that “the [instructions for use] for the TVT-O in 2010 was not sufficient
to enable informed consent from the patient.” Doc. #47 at 2. On September 10, 2020, Darla Ray
filed a response to the motion stating that she does not oppose the requested relief. Doc. #90.
Accordingly, the motion to exclude [47] is GRANTED.
SO ORDERED, this 10th day of September, 2020.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

1
This case was commenced in the Southern District of West Virginia on August 17, 2012. Doc. #1. It was transferred
to the Northern District of Mississippi on June 18, 2020. Docs. #52, #64.