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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 #11 

AND MEMORANDUM IN SUPPORT 

TO EXCLUDE THE INFORMED 

CONSENT FOR SURGERY FORM 

SIGNED BY MS. BOOKER 

(The Honorable David G. Campbell) 

(Oral Argument Requested) 

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION IN LIMINE TO 

EXCLUDE THE INFORMED CONSENT FOR SURGERY FORM SIGNED BY 

MS. BOOKER

 Plaintiff seeks a pretrial ruling to preclude at trial evidence and argument relating 

to the “Permission For Operation And/Or Procedure” form Ms. Booker signed prior to 

insertion of her IVC filter. The form did not disclose or warn Ms. Booker of the longterm risks associated with her G2 filter, is not specific to IVC filter implantation, and her 

execution of the form does not indicate she consented to those risks. 

Case 2:15-md-02641-DGC Document 9876 Filed 01/26/18 Page 1 of 3
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MEMORANDUM OF LAW 

The form Ms. Booker signed consenting to the surgical procedure to insert her G2 

filter, is just that: a generic consent to the surgical procedure. See “Permission For 

Operation And/Or Procedure” form, Exhibit A. The form she signed gave consent to the 

risks of the procedure only and fails to mention anything regarding the long-term risks 

related to any IVC filter, and certainly not Bard’s IVC filters. The form consists of 

boilerplate language with the procedure and the physician information to be provided on 

a fill-in-the-blank basis, therefore, the form was not even designed specifically to consent 

to an IVC filter implant procedure. It is not relevant. Fed. R. Evid. 401, 402. 

Arguing or testifying that Ms. Booker in any way “consented” to the long-term 

risks of tilt, migration, perforation, fracture, or potential open-heart surgery for retrieval 

of fractured limbs by signing this form would be false and misleading. Fed. R. Evid. 402, 

403. The argument has a substantial chance of confusing the jury into believing that by 

signing this form Ms. Booker did in fact “consent” to whatever happened with the filter 

after that. This is unfairly prejudicial to Plaintiff. Fed. R. Evid. 402, 403. And, the form 

has no relevance to the issues in this case since it is not IVC, much less Bard, specific. 

Fed. R. Evid. 401, 402. Even if it were relevant, it has no probative value whatsoever 

and the interpretation a jury might draw from its mere presence as evidence in this case is 

heavily outweighed by the unfair prejudice and likelihood of juror confusion that will 

result from its introduction. 

Even if the form were relevant, which it is not, its probative value is substantially 

outweighed by the danger of unfair prejudice, confusion of the issues, misleading the 

jury, being unnecessarily time consuming, or needlessly presenting cumulative evidence. 

Fed. R. Evid. 401, 402, 403. 

Accordingly, the Court should grant Plaintiff’s motion and enter an Order barring 

any argument, testimony, or evidence regarding the “Permission For Operation And/Or 

Procedure” form Ms. Booker signed prior to insertion of her IVC filter. 

Case 2:15-md-02641-DGC Document 9876 Filed 01/26/18 Page 2 of 3
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RESPECTFULLY SUBMITTED 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 

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 9876 Filed 01/26/18 Page 3 of 3