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James R. Condo (#005867)

Amanda Sheridan (#005867)

SNELL & WILMER L.L.P.

One Arizona Center

400 E. Van Buren

Phoenix, AZ 85004-2204

Telephone: (602) 382-6000

JCondo@swlaw.com

ASheridan@swlaw.com

Richard B. North, Jr. (admitted pro hac vice)

Georgia Bar No. 545599

NELSON MULLINS RILEY & SCARBOROUGH, LLP

Atlantic Station

201 17th Street, NW, Suite 1700

Atlanta, GA 30363

Telephone: (404) 322-6000

Richard.North@nelsonmullins.com

Attorneys for Defendants

C. R. Bard, Inc. and

Bard Peripheral Vascular, Inc.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

IN RE: Bard IVC Filters Products Liability 

Litigation

MDL NO. 15-02641-PHX-DGC

DEFENDANTS C. R. BARD, INC.’S 

AND BARD PERIPHERAL 

VASCULAR, INC.’S ANSWER AND 

GENERAL DENIAL WITH RESPECT 

TO CASE NO. CV-17-3988-PHX-DGC; 

JURY TRIAL DEMAND

Defendants C. R. Bard, Inc. (“Bard”) and Bard Peripheral Vascular, Inc. (“BPV”) 

(Bard and BPV are collectively “Defendants”) hereby file this Answer and General Denial 

with Respect to Yusef Pasha, et al. v. C. R. Bard, Inc., et al., AZ Member Case No. CV-17-

3988-PHX-DGC (“Answer and General Denial”), served according to the provisions and 

requirements of Amended Case Management Order No. 4 (Doc. 1108). Defendants further 

Case 2:15-md-02641-DGC Document 8383 Filed 10/24/17 Page 1 of 4
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reserve the right to file any motion to dismiss for failure to state a claim with respect to this 

case, as set forth in Amended Case Management Order No. 4.

With respect to the allegations plaintiff(s) raise in Yusef Pasha, et al. v. C. R. Bard, 

Inc., et al., AZ Member Case No. CV-17-3988-PHX-DGC, Defendants deny, generally and 

specifically, each and every allegation in plaintiff(s)’ Complaint, the whole thereof, and each 

and every cause of action therein. Defendants further deny that the plaintiff(s) has sustained, 

or is entitled to recover, damages in any amount alleged or in any sum whatsoever. 

Defendants further deny that they are liable to the plaintiff in any amount, and further deny 

that the plaintiff has sustained injury, damage, or loss by reason of any act or omission by 

Defendants.

As for additional defenses, and without assuming any burden of pleading or proof that 

would otherwise rest on plaintiff(s), Defendants incorporate by reference the responses and 

Affirmative Defenses set forth in Defendants’ Answer to Plaintiffs’ Master Complaint filed in 

MDL 2641 on December 17, 2015 (Doc. 366). Defendants further reserve the right to raise 

such other affirmative defenses as may be available or apparent during discovery or as may 

be raised or asserted by other defendants in this case. Defendants have not knowingly or 

intentionally waived any applicable affirmative defense. If it appears that any affirmative 

defense is or may be applicable after Defendants have had the opportunity to conduct 

reasonable discovery in this matter, Defendants will assert such affirmative defense in 

accordance with the Federal Rules of Civil Procedure.

REQUEST FOR JURY TRIAL

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. demand a trial by jury 

on all issues appropriate for jury determination.

WHEREFORE, Defendants aver that the plaintiff(s) is/are not entitled to the relief 

demanded in the plaintiff(s)’ Complaint, and these Defendants, having fully answered, pray 

that this action against them be dismissed and that they be awarded their costs in defending 

this action and that they be granted such other and further relief as the Court deems just and 

appropriate.

Case 2:15-md-02641-DGC Document 8383 Filed 10/24/17 Page 2 of 4
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This 24th day of October, 2017.

s/Richard B. North, Jr.

Richard B. North, Jr.

Georgia Bar No. 545599

NELSON MULLINS RILEY & SCARBOROUGH, LLP

Atlantic Station

201 17th Street, NW / Suite 1700

Atlanta, GA 30363

PH: (404) 322-6000

FX: (404) 322-6050

Richard.North@nelsonmullins.com

James R. Condo (#005867)

Amanda Sheridan (#027360)

SNELL & WILMER L.L.P.

One Arizona Center

400 E. Van Buren

Phoenix, AZ 85004-2204

PH: (602) 382-6000

JCondo@swlaw.com

ASheridan@swlaw.com

Attorneys for Defendants C. R. Bard, Inc. and 

Bard Peripheral Vascular, Inc.

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 24, 2017, I electronically filed the foregoing

with the Clerk of the Court by using the CM/ECF system which will send notification of such 

filing to all counsel of record.

s/Richard B. North, Jr.

Richard B. North, Jr.

Georgia Bar No. 545599

NELSON MULLINS RILEY & SCARBOROUGH, LLP

Atlantic Station

201 17th Street, NW / Suite 1700

Atlanta, GA 30363

PH: (404) 322-6000

FX: (404) 322-6050

Richard.North@nelsonmullins.com

Attorney for Defendants C. R. Bard, Inc. and 

Bard Peripheral Vascular, Inc.

Case 2:15-md-02641-DGC Document 8383 Filed 10/24/17 Page 4 of 4