disappointed that we didn't find any definition that we need all of this is that in the fall all across our country there's a new law students that are literate to our schools and the charge that was just a minute let me ask you a specific i just want to know the answer did you have another expert m k so if you hand this text her testimony in but he had no  but i understood him to say is if it didn't have this problem at hand it could have lasted a lot longer how much longer he didn't know how how much what the biological atmosphere had to say about that he didn't know so in other words he may it seems to me you would need another expert this expert maybe spine but you may need another one just with all due respect you're wrong the evidence by the doctor is that they're very rarely break they're not supposed to break they're supposed to last generally from the treating doctor he'd see them five years or longer now they do take them in an extraneous he was going on the what was manufactured wrong and it moves in your leg all of the time it opened up and when it opened up it wasn't firm doing  job and that's what the different tests and x rays showed that's why a jury had a right to say that that was a flaw in the manufacturing of it and it was wrong what who would come in and then this city you know wait a minute you know i'm a judge brought with all due respect the nail is put in and to help the stabilization the boehm the treaty dr testify the doctor from on call barrels but that's not right there in phoenix that when the when he saw the x ray the nail and fractured they had to remove it now why would they have to impregnate your body and remove it and then of course they have a new process he's put in this week so when the nail was first put in is common sense or not it's going to do the process of healing and so is highly deferential to the district court judge bolton there is a considerable factual record behind her decision and i believe if you look at her ten eleven page ruling she goes through a fairly p exclusion question that's what i'm concerned about or goes to that here's why i want to start with abuse of discretion as the stand well judge bolton in order in certainly it's consistent with the reported cases in the circuit others which he focused on was his admissions in his first in second deposition if i may i'd like to revisit those quickly with the court that he is i know i understand he kept saying  relevant question in how well because these are weight bearing devices these are actually devices i think i heard was charles mr charles suggest that the nail is part of the process to create the healing the healing  these are actually meant to stabilize the bone and use crutches walkers until you reach a point where the phone you actually have to go in for fall actually has to determine when you can move what about the manufacturing defect evidence that that is the notion that  explain let's assume for a minute that let's just assume for the sake of argument that the size of the radio there are asked to be kind of broken off the steel rod by the way i wanted to bring one in an alley told me it would probably be har but what i would what i would let the court know is first of all it is not a huge departure from the specification the real question is whether or not judge bolton armed with everything she was given below had made the correct issue for the court i think you want to close dr who mark weiss received his reports had all the medical records which were considerable you know that was that following a particular procedure for that i don't know that that was as important let me let me add though that implants and work to p d fixtures and he gave us the name of an article and i went and looked it up and we read it and that article provided a methodology for that's right off the bat right disciplines including biological surgical and by the mechanical knowledge right which is goes back to my point which is that they probably needed other experts in addition and they didn't have them and that may be a big problem but i am having a hard going to agree that a nail is a weight bearing device in needs to last indefinitely and again remember this to this is very important remember that when we first talked to dr kumar  point of the second deposition he had considered any medical records in fact of his first deposition he was not even aware this stillwell had three prior surgeries with other products other kinds of orthopedic fixtures  is on page sixteen of our brief we have a paragraph that holds the doctor's testimony concerning the nails and and their experience with the nails secondly we have a lot of foreign objects in our bodies to be careful how you're handling this step for biomedical engineering department thank you very  yes we're going to take a ten minute break and we'll be back