Opinion
MDL No. 2327 Civil Action No. 2:12-cv-00652
01-26-2017
IN RE: ETHICON, INC. PELVIC REPAIR SYSTEMS PRODUCT LIABILITY LITIGATION THIS DOCUMENT RELATES TO: Maria Stone, et al. v. Ethicon, Inc., et al.
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: January 26, 2017
/s/_________
JOSEPH R. GOODWIN
UNITED STATES DISTRICT JUDGE