Plaintiff’s Expert May Opine As to Warnings in La. Federal Bard IVC Filter Action

BATON ROUGE, La. — A Louisiana federal judge has allowed a plaintiff’s expert to give opinions in a case targeting C.R. Bard Inc.’s IVC filter regarding warnings provided by the company to an implanting surgeon and the specific failure encountered by the plaintiff, ruling the expert is qualified to do so.

However, in a Nov. 28 order, Chief Judge Shelly Dick of the U.S. District Court for the Middle District of Louisiana excluded the expert’s opinions concerning the mechanical or design reasons for the failure of the plaintiff’s IVC filter.

“Dr. Derek Muehrcke will not be permitted to opine …