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Ramon Rossi Lopez – rlopez@lopezmchugh.com

(California Bar Number 86361; admitted pro hac vice) 

Lopez McHugh LLP 

100 Bayview Circle, Suite 5600 

Newport Beach, California 92660 

949-812-5771 

Mark S. O’Connor (011029) – mark.oconnor@gknet.com

Gallagher & Kennedy, P.A. 

2575 East Camelback Road 

Phoenix, Arizona 85016-9225 

602-530-8000 

Co-Lead/Liaison Counsel for Plaintiffs 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

In Re Bard IVC Filters Products 

Liability Litigation 

No. MD-15-02641-PHX-DGC

SHERR-UNA BOOKER, an individual, 

Plaintiff, 

v. 

C.R. BARD, INC., a New Jersey 

corporation and BARD PERIPHERAL 

VASCULAR, an Arizona corporation, 

Defendants. 

PLAINTIFF’S MOTION IN LIMINE #8 

AND MEMORANDUM IN SUPPORT 

TO EXCLUDE ANY REFERENCE TO 

THE ADVERSE IMPACT OF A 

PLAINTIFF’S VERDICT AND TORT 

REFORM 

(The Honorable David G. Campbell) 

(Oral Argument Requested) 

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION IN LIMINE TO 

EXCLUDE ANY REFERENCE TO THE ADVERSE IMPACT OF A 

PLAINTIFF’S VERDICT AND TORT REFORM 

Plaintiff moves in limine for an Order precluding evidence and argument relating to 

(1) the adverse impact of a plaintiff’s verdict, and (2) Tort Reform or the perceived 

“Litigation Crisis”. 

MEMORANDUM OF LAW 

A. Reference To Adverse Impact Of A Plaintiff’s Verdict

Bard must be precluded from arguing at trial that a verdict against it will have an 

adverse impact on the medical community, impact future medical device research and/or 

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costs, research and development, and impact a juror’s financial situation or ability to 

acquire medical care in the future. Such statements are clearly prejudicial and violate the 

long standing principle that a jury’s verdict must be based solely on the legal evidence 

produced and entirely free from the taint of extraneous considerations and influences. Fed. 

R. Evid. 402, 403. 

An adverse verdict in the instant case will not have any impact on Bard’s capacity 

to continue doing business. It is speculative, at best, and a false statement, at worst, to 

argue that the medical community will be negatively impacted because Bard cannot 

absorb a verdict or that society will be affected by the publicity of a verdict. It is even 

more abstract for Bard to argue that a judgment for Plaintiff in this matter would 

indirectly harm public health, create a public health crisis, or that the cost of medical care 

for a juror would increase. Such arguments are political in nature, likely to cause undue 

prejudice, and must be excluded pursuant to Federal Rules of Evidence 401, 402 and 403. 

B. Reference To Tort Reform Or The “Litigation Crisis” 

Tort Reform, perceived “Litigation Crisis” or lawyer-driven lawsuits have no 

relevance to the present case. The only plausible reason for Bard to mention these issues 

would be in an effort to inflame the passion of the jury. The probative value is nonexistent as these politically charged and unfounded statements would result in severe 

prejudice to Plaintiff and ultimately mislead jurors from the facts of the case. Plaintiff 

respectfully requests that these statements be excluded from trial pursuant to Federal 

Rules of Evidence 401, 402 and 403. 

RESPECTFULLY SUBMITED this 26th day of January, 2018. 

GALLAGHER & KENNEDY, P.A 

By: /s/ Mark S. O’Connor 

Mark S. O’Connor 

2575 East Camelback Road 

Phoenix, Arizona 85016-9225 

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LOPEZ McHUGH LLP 

Ramon Rossi Lopez (CA Bar No. 86361) 

(admitted pro hac vice) 

100 Bayview Circle, Suite 5600 

Newport Beach, California 92660 

Co-Lead/Liaison Counsel for Plaintiffs 

CERTIFICATE OF SERVICE 

I hereby certify that on this 26th day of January, 2018, I electronically transmitted 

the attached document to the Clerk’s Office using the CM/ECF System for filing and 

transmittal of a Notice of Electronic Filing. 

/s/ Gay Mennuti 

Case 2:15-md-02641-DGC Document 9873 Filed 01/26/18 Page 3 of 3