STORY FROM: Drugs & Medical Devices

Judge Refuses to Exclude Expert Report in Bellwether Bard Hernia Mesh Case

COLUMBUS, Ohio — An Ohio federal judge has refused to exclude a plaintiff expert’s supplemental report from an upcoming bellwether C.R. Bard hernia mesh trial, allowing defense counsel to re-depose the plaintiff on his physical complaints since his May 2019 deposition.

In a March 10 order, Judge Edmund Sargus Jr. of the U.S. District Court for the Southern District of Ohio also held that Bard Inc. may submit its own supplemental expert report addressing the plaintiffs’ supplemental expert report and deposition testimony.

The judge also allowed Bard to submit additional briefing related to its Daubert and summary judgment motions ...

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