Stone et al v. Ethicon, Inc. et al

Filing 178

MEMORANDUM OPINION AND ORDER (Daubert Motion re: Hannes Vogel, M.D.) The 132 MOTION by Maria C. Stone, Mark A. Stone to Exclude the Opinions and Testimony of Hannes Vogel, M.D. is DENIED in part and RESERVED in part, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 1/26/2017. (cc: counsel of record; any unrepresented party) (ts)

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
MDL No. 2327
______________________________________________________________________________
THIS DOCUMENT RELATES TO:

Maria Stone, et al. v. Ethicon, Inc., et al.

Civil Action No. 2:12-cv-00652

MEMORANDUM OPINION AND ORDER
(Daubert Motion re: Hannes Vogel, M.D.)
Pending before the court is the Motion to Exclude the Opinions and Testimony
of Hannes Vogel, M.D. [ECF No. 132] filed by the plaintiffs. The Motion is now ripe
for consideration because briefing is complete.
The plaintiffs seek to exclude the testimony of Dr. Vogel because he was not
disclosed as an expert, but another expert relied on a report prepared by Dr. Vogel in
rendering an opinion. The defendants concede that they do not intend to call Dr. Vogel
at trial. Nevertheless, the plaintiffs ask me to rule that Dr. Vogel’s opinion may not
be brought up at trial. I previously ruled on a similar issue in a telephonic conference
in Funderburke v. Ethicon, Inc., 2:12-cv-00957. See Resp. Ex. A, at 8:23–10:16 [ECF
No. 146-1]. I determine, as I did in Funderburke, that (1) other experts may rely on
the opinion of Dr. Vogel to formulate their opinions, (2) other experts may not directly
read the report into evidence, and (3) other experts may not otherwise discuss Dr.
Vogel’s qualifications at trial; however, any remaining issues regarding the use of Dr.

Vogel’s testimony must be reserved for trial. Accordingly, the plaintiffs’ Motion is
DENIED, and any remaining issues are RESERVED for trial.
The court ORDERS that the Motion to Exclude the Opinions and Testimony of
Hannes Vogel, M.D. [ECF No. 132] is DENIED in part and RESERVED in part.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.

ENTER:

2

January 26, 2017