Brooks v. Johnson & Johnson et al

Filing 76

MEMORANDUM OPINION AND ORDER (Daubert Motion re: Hannes Vogel, M.D. & Terri Longacre, M.D.) The 58 MOTION by Mattie J. Brooks to Exclude Opinions and Testimony of Dr. Hannes Vogel and Dr. Terri Longacre is RESERVED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 7/12/2017. (cc: counsel of record; any unrepresented party) (brn)

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:

Mattie Brooks v. Ethicon, Inc., et al.

Civil Action No. 2:12-cv-02865

MEMORANDUM OPINION AND ORDER
(Daubert Motion re: Hannes Vogel, M.D. & Terri Longacre, M.D.)
Pending before the court is the Motion to Exclude Opinions and Testimony of
Dr. Hannes Vogel and Dr. Terri Longacre [ECF No. 58] filed by the plaintiffs. The
Motion is now ripe for consideration because briefing is complete.
The plaintiff argues that I should prohibit Dr. Longacre from utilizing the
testimony of Dr. Vogel, another defense expert whose opinion was used by Dr.
Longacre to formulate his opinion. 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 9:23–
10:17 [ECF No. 67-1]. I determine, as I did in Funderburke, that Dr. Longacre may
use the testimony of Dr. Vogel to formulate his opinions and that, should Dr. Vogel’s
testimony come up at trial, Dr. Longacre may not discuss Dr. Vogel’s qualifications;
however, any remaining issues regarding the use of Dr. Vogel’s testimony by Dr.
Longacre must be reserved for trial. Accordingly, the plaintiff’s Motion is RESERVED
for trial.

The court ORDERS that the Motion to Exclude Opinions and Testimony of Dr.
Hannes Vogel and Dr. Terri Longacre [ECF No. 58] is RESERVED.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.

ENTER:

2

July 12, 2017