Johnson v. C R Bard Incorporated et al

Filing 272

ORDER on Deposition Designations as to Natalie Wong. Signed by District Judge William M. Conley on 6/5/2021. (nks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NATALIE JOHNSON,
Plaintiff,

ORDER

v.
19-cv-760-wmc
C.R. BARD INC. and
BARD PERIPHERAL VASCULAR INC.,
Defendants.

Before the court is the parties’ request for ruling on objections to certain deposition
designations as to Natalie Wong.
DEPONENT

PL AFFIRM

DEF OBJECTIONS

PL RESPONSE TO
OBJECTIONS

Bard objects to Plaintiff’s
references to “Admitted
in the Peterson case” as a
basis for allowing a
designation to played, or
overruling an objection,
and submits that the
testimony should be
consider based on the
facts and applicable law
and rulings in this case.
The Peterson case
involved a different filter,
different claims, and was
decided under different
state law.

Wong,
Natalie
10/18/2016

8:10-8:12
beginning
with "Will
you…"

Admitted in Peterson

1

COURT
RULING

Wong,
Natalie
10/18/2016

10:03-10:06

Admitted in Peterson

Wong,
Natalie
10/18/2016

13:06-13:08

Admitted in Peterson

Wong,
Natalie
10/18/2016

17:10-17:12

Admitted in Peterson

Wong,
Natalie
10/18/2016

29:13-29:16
beginning
with "what's
the goal…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

30:10-30:19
beginning
with "Is…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

31:04-31:11

Admitted in Peterson

Wong,
Natalie
10/18/2016

31:16-31:22
beginning
with "When
would
you…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

32:13-32:19
beginning
with "why
does Bard…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

32:23-33:04

Admitted in Peterson

Wong,
Natalie
10/18/2016

33:07-33:20

Admitted in Peterson

2

Wong,
Natalie
10/18/2016

40:07-40:13

Admitted in Peterson

Wong,
Natalie
10/18/2016

43:14-44:01
beginning
with "why is
it…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

44:05-44:25

Admitted in Peterson

Wong,
Natalie
10/18/2016

47:06-47:23
beginning
with "when
Bard's…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

50:01-50:23
beginning
with "that
data…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

52:10-52:18
beginning
with "the
adverse
event…"

Admitted in Peterson

Wong,
Natalie
10/18/2016

58:11-58:14

Admitted in Peterson

Wong,
Natalie
10/18/2016

59:10-59:25

Admitted in Peterson

Wong,
Natalie
10/18/2016

102:10103:03

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

3

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

103:09103:19

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Also, this violates
the MDL Court's ruling
on a motion for protective
order finding that the
hiring of the consultant
and his report are
protected work product.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. That is not
what Judge Campbell's
ruling said. Judge
Campbell's ruling excluded
very specific information
and did not exclude the
reference to Bard hiring
consultants by name or
otherwise. The order also
did not exclude the
information contained in
the report becuase it can be
found elsewhere such as the
Dec 2004 HHE.

OVERRULED

Wong,
Natalie
10/18/2016

104:19105:24

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

109:24110:09

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

110:14110:20
beginning
with "it
says…"

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

4

Wong,
Natalie
10/18/2016

112:13112:22

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

114:10114:13
beginning
with "is it
consistent…"

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

116:02116:11
beginning
with "this is
being…"

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

120:04120:10
beginning
with "was it
ever…"

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402,
and 403 – testimony
concerns what physician
would have wanted to
know / would expect a
manufacturer to tell
him/her.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Ms. Wong's
job is the delepoment of
products at Bard. An
essential function of her job
is know what the customers
(physicians) want or need.

OVERRULED

Wong,
Natalie
10/18/2016

122:09122:22

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical

OVERRULED

5

outweighed by prejudicial
effect.

community of the dangers
of their filters.

Wong,
Natalie
10/18/2016

123:01123:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

125:17125:24

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

126:03126:24

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402,
and 403 – testimony
concerns what physician
would have wanted to
know / would expect a
manufacturer to tell
him/her.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Ms. Wong's
job is the delevopment of
products at Bard. An
essential function of her job
is know what the customers
(physicians) want or need.

OVERRULED

Wong,
Natalie
10/18/2016

130:09130:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

6

Wong,
Natalie
10/18/2016

130:17130:18

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

131:19131:22
beginning
with Based
on this…

Rules 401, 402, 403 –
Testimony does not
involve filter at issue
and/or failure mode at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Judge Campbell
sustanined this objection
in the MDL. Dkt. 12590,
page 4

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Bard has
materially misrepresented
the MDL Court's Order.
The ruling on Ms. Wong's
testimony is on page 8 of
the Order and the MDL
Court did not rule on
testimony from page 131.

OVERRULED

Wong,
Natalie
10/18/2016

141:17142:09

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

142:17143:12
begin with
look at)

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

143:17143:22

Testimony admitted at
Bard's request in Peterson

7

Wong,
Natalie
10/18/2016

145:19146:04

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

146:08146:20

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

146:22146:23

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

148:06148:10

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

148:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. There is a
claim of migration in this
case.

OVERRULED

8

Wong,
Natalie
10/18/2016

150:11150:24

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

151:19152:17

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. There is a
claim of migration in this
case.

OVERRULED

Wong,
Natalie
10/18/2016

152:19153:02

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

153:10153:17
begin with
And

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

154:08154:18

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. There is a
claim of migration in this
case.

OVERRULED

9

Wong,
Natalie
10/18/2016

154:25155:14

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402,
and 403 – testimony
concerns what physician
would have wanted to
know / would expect a
manufacturer to tell
him/her.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Ms. Wong's
job is the delepoment of
products at Bard. An
essential function of her job
is know what the customers
(physicians) want or need.

OVERRULED

Wong,
Natalie
10/18/2016

155:20155:25

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. There is a
claim of migration in this
case.

OVERRULED

Wong,
Natalie
10/18/2016

157:06157:15

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. There is a
claim of migration in this
case.

OVERRULED

Wong,
Natalie
10/18/2016

157:22159:04

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED
except
STRIKE lines
158:20158:25.

Wong,
Natalie
10/18/2016

170:06170:23

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's

OVERRULED

10

issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

failure to warn the medical
community of the dangers
of their filters.

Wong,
Natalie
10/18/2016

171:07171:22

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

172:06172:21

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. There is a
claim of migration in this
case.

OVERRULED

Wong,
Natalie
10/18/2016

175:15175:25

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

182:18183:14

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

187:20:188:
04

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical

OVERRULED

11

outweighed by prejudicial
effect.

community of the dangers
of their filters.

Wong,
Natalie
10/18/2016

213:13214:10

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

265:09265:18
End at
"reporting"

Rules 401, 402, 403 –
Testimony does not
involve filter at issue
and/or failure mode at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. This case does not
involve a fatal migration
or a Recovery Filter. This
testimony is overly
prejudicial and has no
bearing on the facts of
this case. The Court has
ruled this testimony is not
substantially similar to
the facts in this case and,
therefore, should be
excluded. (See ECF No.
204, p. 3-5.)

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian, Bard's
negligence and the failure to
warn. The Plaintff will
redact "their deaths" as
indicated.

OVERRULED

Wong,
Natalie
10/18/2016

265:19265:21

Rules 401, 402, 403 –
Testimony does not
involve filter at issue
and/or failure mode at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. This case does not
involve a fatal migration
or a Recovery Filter. This
testimony is overly
prejudicial and has no
bearing on the facts of

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian, Bard's
negligence and the failure to
warn. The Plaintff will
redact "their deaths" as
indicated.

SUSTAIN as
to “the
deaths”
referenced on
265:18.
Otherwise
OVERRULED

12

this case. The Court has
ruled this testimony is not
substantially similar to
the facts in this case and,
therefore, should be
excluded. (See ECF No.
204, p. 3-5.)

Wong,
Natalie
10/18/2016

273:20

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

273:24274:01
beginning
with It's a
memorandu
m…

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

274:20274:23

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

276:23277:01

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

277:04277:16

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's

OVERRULED

13

issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

failure to warn the medical
community of the dangers
of their filters.

Wong,
Natalie
10/18/2016

278:18278:23
beginning
with And
then…

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402,
and 403 – testimony
concerns what physician
would have wanted to
know / would expect a
manufacturer to tell
him/her.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Ms. Wong's
job is the delepoment of
products at Bard. An
essential function of her job
is know what the customers
(physicians) want or need.

OVERRULED

Wong,
Natalie
10/18/2016

278:25

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402,
and 403 – testimony
concerns what physician
would have wanted to
know / would expect a
manufacturer to tell
him/her.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Ms. Wong's
job is the delepoment of
products at Bard. An
essential function of her job
is know what the customers
(physicians) want or need.

OVERRULED

Wong,
Natalie
10/18/2016

279:03279:14

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402,
and 403 – testimony
concerns what physician
would have wanted to
know / would expect a

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Ms. Wong's
job is the delepoment of
products at Bard. An
essential function of her job
is know what the customers
(physicians) want or need.

OVERRULED

14

manufacturer to tell
him/her.

Wong,
Natalie
10/18/2016

283:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

283:19283:22

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

284:06284:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

284:18285:08

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

285:13286:03
Starting at
"this"

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

15

outweighed by prejudicial
effect.

Wong,
Natalie
10/18/2016

286:12286:23

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

287:20288:01

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

288:09288:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

288:15288:24
beginning
with "are
you the.."

(288:19 - 288:24) Rules
401, 402, 403 –
Testimony does not
involve filter at issue
and/or failure mode at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters.

OVERRULED

Wong,
Natalie
10/18/2016

289:21289:23

Rules 401, 402, 403 –
Testimony does not
involve filter at issue
and/or failure mode at
issue; Irrelevant and any
probative value
outweighed by prejudicial

Admitted in Peterson
All Bard filters are relevant
to show the design defect of
the Meridian and Bard's
failure to warn the medical
community of the dangers
of their filters. Defendants

SUSTAIN as
cumulative

16

effect. Rule 611,
cumulative testimony.
Judge Campbell sustained
cumulative. Doc 10403,
p.4 A.55-56.

have not identified to what
testimony this designation
is cummulative.

DEPONENT

DEF
COUNTER

PL OBJECTIONS

DEF RESPONSE TO
OBJECTIONS

COURT
RULING

Wong,
Natalie
10/18/2016

13:09-13:24

FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

This testimony is necessary
to provide a complete
picture of the witness'
background, place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a
witness about a subject or
document with which that
witness has no or limited
personal knowledge.

OVERRULED

Wong,
Natalie
10/18/2016

18:01-18:03

FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

This testimony is necessary
to provide a complete
picture of the witness'
background, place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a
witness about a subject or
document with which that
witness has no or limited
personal knowledge.

OVERRULED

Wong,
Natalie
10/18/2016

31:12-31:15

FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same

This testimony is necessary
to provide a complete
picture of the witness'
background, place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a

OVERRULED

For
Completenes
s

For
Completenes
s

For
Completenes
s

17

time as Plaintiff's
designation.

Wong,
Natalie
10/18/2016

40:14-40:16

Wong,
Natalie
10/18/2016

44:01-44:13

Wong,
Natalie
10/18/2016

58:15-59:01

For
Completenes
s

For
Completenes
s

For
Completenes
s

witness about a subject or
document with which that
witness has no or limited
personal knowledge.

FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

This testimony is necessary
to provide a complete
picture of the witness'
background, place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a
witness about a subject or
document with which that
witness has no or limited
personal knowledge.

OVERRULED

44:02-44:04 - Defedants
are attempting to
designate a partial
question that was clearly
struck by the offereing
attorney and a selfdepricating sidebar that
has no relation to this
case. FRE 106 only
requires completeness
that "in fairness ought to
be considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

44:02-44:04 was designated
in error, and Bard will
withdraw it. The remainder
of the testimony is
necessary to place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a
witness about a subject or
document with which that
witness has no or limited
personal knowledge.

SUSTAIN as
to 44:0244:04, which
is to be
excluded.
MOOT as to
remainder,
which is
included in
plaintiff’s
designation.

FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same

This testimony is necessary
to provide a complete
picture of the witness'
background, place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a

OVERRULED

18

time as Plaintiff's
designation.

Wong,
Natalie
10/18/2016

143:17143:22
For
Completenes
s

Wong,
Natalie
10/18/2016

147:05147:09
For
completenes
s
subject to
objection

Wong,
Natalie
10/18/2016

FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

This testimony is necessary
to provide a complete
picture of the witness'
background, place Plaintiff's
selective designation of lines
of questioning in proper
context, and/or demonstrate
the Plaintiff is attempting
to elicit testimony from a
witness about a subject or
document with which that
witness has no or limited
personal knowledge.

OVERRULED

Non-responsive answer.
The answer was unrelated
to the question asked.
FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

The answer was related to
the question asked, and
goes to the reality that
comparisons of
complication rates between
permanent filters and
retrievable filters are
impossible due to the
inherent differences
between those two devices
and their uses. This
testimony is necessary to
provide a complete picture
of the witness' background,
place Plaintiff's selective
designation of lines of
questioning in proper
context.

OVERRULED

163:23164:01
start at "it"

Wong,
Natalie
10/18/2016

witness about a subject or
document with which that
witness has no or limited
personal knowledge.

164:06164:07
stop at first
instance of
"don't"

19

Wong,
Natalie
10/18/2016

164:07164:08
starting at
"if"

Wong,
Natalie
10/18/2016

164:19164:23

Wong,
Natalie
10/18/2016

168:22168:24

Wong,
Natalie
10/18/2016

169:01

Wong,
Natalie
10/18/2016

173:01173:07
For
Completenes
s

Wong,
Natalie
10/18/2016

177:15177:16
For
Completenes
s

Non-responsive answer.
The answer was unrelated
to the question asked.
FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

The answer was related to
the question asked.
Plaintiff's counsel and the
witness were discussing a
document and the witness
is responding to the
question in the context of
that document. This
testimony is necessary to
provide a complete picture
of the witness' background,
place Plaintiff's selective
designation of lines of
questioning in proper
context.

OVERRULED

Non-responsive answer.
The answer was unrelated
to the question asked.
FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same

The answer is related to the
question. As frequently
occurs in depositions in this
litigation, Plaintiff was
attempting to read a
document to the witness
and have her validate his
reading of the document.
This testimony is necessary
to show that the preceding
designations by Plaintiff,
should they survive Bard's
objections, consist of
Plaintiff's counsel

SUSTAIN

20

time as Plaintiff's
designation.

Wong,
Natalie
10/18/2016

177:18177:19
For
Completenes
s

questioning the witness
about matters about which
she is unfamiliar.

Non-responsive answer.
The answer was unrelated
to the question asked.
FRE 106 only requires
completeness that "in
fairness ought to be
considered at the same
time". Defendants have
not demostrated why this
testimony, in the name of
fairness, must be
considered at the same
time as Plaintiff's
designation.

The answer is related to the
question. As frequently
occurs in depositions in this
litigation, Plaintiff was
attempting to read a
document to the witness
and have her validate his
reading of the document.
This testimony is necessary
to show that the preceding
designations by Plaintiff,
should they survive Bard's
objections, consist of
Plaintiff's counsel
questioning the witness
about matters about which
she is unfamiliar.

SUSTAIN

Accordingly, IT IS ORDERED that the parties’ request for rulings on objections to certain
designations is GRANTED, and the objections are sustained in part and overruled in part as
provided above.
Entered this 5th day of June, 2021.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

21