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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 #5 

AND MEMORANDUM IN SUPPORT 

TO EXCLUDE REFERENCE TO 

FAILURE RATES, COMPLICATION 

RATES, PERCENTAGES AND 

COMPARATIVE ANALYSIS OF 

INJURIES BEYOND THOSE 

PRODUCED IN COMPLAINT FILES 

(The Honorable David G. Campbell) 

(Oral Argument Requested)

MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION IN LIMINE TO 

EXCLUDE REFERENCE TO FAILURE RATES, COMPLICATION RATES, 

PERCENTAGES AND COMPARATIVE ANALYSIS OF INJURIES BEYOND 

THOSE PRODUCED IN COMPLAINT FILES 

Plaintiff moves in limine for a pretrial ruling to preclude at trial evidence and 

argument relating to failure rates, complication rates, percentages, or comparative analysis 

of any injuries that were not produced to Plaintiff during discovery. 

MEMORANDUM OF LAW 

To date, Bard has only produced to Plaintiff adverse event reports (“AERs”) and 

Medical Device Reports (“MDRs”) relating to the following injuries that are associated 

Case 2:15-md-02641-DGC Document 9870 Filed 01/26/18 Page 1 of 2
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with its retrievable filters: death, perforation, tilt, fracture, and migration, i.e., injuries 

relevant to the litigation. In turn, Plaintiff has only been afforded the opportunity to 

review, evaluate, analyze, and derive relevant raw data from the AERs and MDRs related 

to the above listed injuries. Therefore, Defendants reference to any injuries, failure rates, 

complication rates, percentages, or comparative analyses of injuries that are outside the 

scope of Defendants production to Plaintiff will unfairly prejudice her case and ultimately 

confuse the jury. As such, Plaintiff respectfully requests that any testimony of injuries or 

failure rates of injuries not produced in AERs and MDRs to Plaintiff must be excluded 

from trial under Federal Rules of Evidence 402 and 403. 

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 9870 Filed 01/26/18 Page 2 of 2