EXHIBIT B

Case 2:15-md-02641-DGC Document 9875-3 Filed 01/26/18 Page 1 of 6
Chad Modra

Golkow Technologies, Inc. - 1.877.370.DEPS

Page 1

 IN THE UNITED STATES DISTRICT COURT

 DISTRICT OF NEVADA

KEVIN PHILLIPS, )

 )

 Plaintiff, ) Case No.

 )3:12-cv-00344-RCJ-WGC

vs. )

 )

C.R. Bard, INC., et al., )

 )

 Defendants. )

 )

 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF GEORGIA

 ATLANTA DIVISION

PAMELA B. CASON and KERRY B. )

CASON, )

 )

 Plaintiffs, )

 ) Case No.

vs. ) 1:12-CV-01288-MHS

 )

C.R. Bard, INC., and Bard )

PERIPHERAL VASCULAR, INC., )

 Defendants. )

 )

 30(B)(6) VIDEOTAPED DEPOSITION OF C.R. BARD, INC.

 TAKEN THROUGH CHAD MODRA

 Phoenix, Arizona

 March 28, 2013

BY: KIM BATA, RMR/CSR

Certified Reporter 50233

Case 2:15-md-02641-DGC Document 9875-3 Filed 01/26/18 Page 2 of 6
Chad Modra

Golkow Technologies, Inc. - 1.877.370.DEPS

Page 167

1 migration, no code for penetration, you're

2 actually not trending for those injuries?

3 A. It would -- correct.

4 Q. So no code, no trending?

5 A. That's how we would trend it.

6 Q. Okay. Thank you.

7 We'll attach as No. 6 -- Exhibit No. 6

8 to your deposition, a document with Bates range,

9 the last four digits -- actually, the letters

10 have changed for those that I didn't provide

11 copies with.

12 Just for the record, the first page is

13 BPVEFILTER-01-00002823. The title is Recovery

14 Filter (FR048F) - R002 Chronology of Events.

15 Do you see that, Mr. Modra?

16 A. Yes.

17 Q. Do you know what this is?

18 A. I have not seen it before.

19 Q. Does the series of numbers and letters

20 R002 have any significance to you?

21 A. R002 would refer to our -- I believe

22 our standard for remedial actions. As the last

23 four digits are R002.

24 Q. What's a remedial action? 24 Q. What's a remedial action?

Case 2:15-md-02641-DGC Document 9875-3 Filed 01/26/18 Page 3 of 6
Chad Modra

Golkow Technologies, Inc. - 1.877.370.DEPS

Page 168

1 A. It is an action taken on a product or

2 device. It may include notification to

3 customers or up to and including removal of the

4 device from the field.

5 Q. So what triggers it?

6 A. It's an escalating series of

7 evaluations where you start with an

8 investigation, and depending on the severity

9 based on a healthy hazard assessment or health

10 hazard evaluation, HHE, that paired with the

11 occurrence of that event points you to an

12 increasing series of activities and documents.

13 So that means you start with an

14 investigation. If it's higher severity, higher

15 occurrence, we're required by procedure to

16 conduct a more -- an even more broad

17 investigation. And then it escalates from

18 there, from a division level approval to a

19 division and corporate level approval to

20 compelling us to -- requiring us to do some sort

21 of remedial action.

22 Q. You're speaking in the abstract. Can

23 you give us an example of something that would

24 trigger a remedial action?

1 A. It is an action taken on a product or

2 device. It may include notification to

3 customers or up to and including removal of the

4 device from the field.

5 Q. So what triggers it?

6 A. It's an escalating series of

7 evaluations where you start with an

8 investigation, and depending on the severity

9 based on a healthy hazard assessment or health

10 hazard evaluation, HHE, that paired with the

11 occurrence of that event points you to an

12 increasing series of activities and documents.

13 So that means you start with an

14 investigation. If it's higher severity, higher

15 occurrence, we're required by procedure to

16 conduct a more -- an even more broad

17 investigation. And then it escalates from

18 there, from a division level approval to a

19 division and corporate level approval to

20 compelling us to -- requiring us to do some sort

21 of remedial action.

22 Q. You're speaking in the abstract. Can

23 you give us an example of something that would

24 trigger a remedial action?

Case 2:15-md-02641-DGC Document 9875-3 Filed 01/26/18 Page 4 of 6
Chad Modra

Golkow Technologies, Inc. - 1.877.370.DEPS

Page 169

1 MR. NORTH: Objection to the form.

2 THE WITNESS: Misbranding. Per

3 procedure, if we identify misbranding, we would

4 go through this investigative process, determine

5 the root cause and then depending on its

6 severity, have to take various forms of action,

7 and that would include sending a letter to

8 customers maybe clarifying it. It was a

9 misbranding of something that was not related to

10 the use -- or safe use of a device. If there

11 was something inconsequential, a color on the

12 packaging or something.

13 And if it's something more than that,

14 then we would, again, based on the HHE, in the

15 occurrence level of that have to take action

16 where we would possibly remove the product from

17 the field.

18 Q. (BY MS. ZAIC) Okay. Would a death

19 trigger a remedial action, a death -- strike

20 that.

21 Would a death associated with an IVC

22 filter manufactured by Bard trigger a remedial

23 action?

24 MR. NORTH: Objection to the form.

2 THE WITNESS: Misbranding. Per

3 procedure, if we identify misbranding, we would

4 go through this investigative process, determine

5 the root cause and then depending on its

6 severity, have to take various forms of action,

7 and that would include sending a letter to

8 customers maybe clarifying it. It was a

9 misbranding of something that was not related to

10 the use -- or safe use of a device. If there

11 was something inconsequential, a color on the

12 packaging or something.

13 And if it's something more than that,

14 then we would, again, based on the HHE, in the

15 occurrence level of that have to take action

16 where we would possibly remove the product from

17 the field.

Case 2:15-md-02641-DGC Document 9875-3 Filed 01/26/18 Page 5 of 6
Chad Modra

Golkow Technologies, Inc. - 1.877.370.DEPS

Page 169

1 MR. NORTH: Objection to the form.

2 THE WITNESS: Misbranding. Per

3 procedure, if we identify misbranding, we would

4 go through this investigative process, determine

5 the root cause and then depending on its

6 severity, have to take various forms of action,

7 and that would include sending a letter to

8 customers maybe clarifying it. It was a

9 misbranding of something that was not related to

10 the use -- or safe use of a device. If there

11 was something inconsequential, a color on the

12 packaging or something.

13 And if it's something more than that,

14 then we would, again, based on the HHE, in the

15 occurrence level of that have to take action

16 where we would possibly remove the product from

17 the field.

18 Q. (BY MS. ZAIC) Okay. Would a death

19 trigger a remedial action, a death -- strike

20 that.

21 Would a death associated with an IVC

22 filter manufactured by Bard trigger a remedial

23 action?

24 MR. NORTH: Objection to the form.

2 THE WITNESS: Misbranding. Per

3 procedure, if we identify misbranding, we would

4 go through this investigative process, determine

5 the root cause and then depending on its

6 severity, have to take various forms of action,

7 and that would include sending a letter to

8 customers maybe clarifying it. It was a

9 misbranding of something that was not related to

10 the use -- or safe use of a device. If there

11 was something inconsequential, a color on the

12 packaging or something.

13 And if it's something more than that,

14 then we would, again, based on the HHE, in the

15 occurrence level of that have to take action

16 where we would possibly remove the product from

17 the field.

Case 2:15-md-02641-DGC Document 9875-3 Filed 01/26/18 Page 6 of 6