3M Earplug MDL Judge Excludes Expert Opinions of Bellewether Plaintiff’s Treating Physician

PENSACOLA, Fla. — The Florida federal judge overseeing the 3M Combat Arms Earplug MDL docket has barred defendants from proffering opinions from a treating physician concerning a bellwether plaintiff’s tinnitus, noise exposures and use of hearing protection devices because he was not designated as an expert.

In a March 14 order, Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida ruled that because Dr. Calhoun Cunningham’s testimony constitutes expert opinion beyond the scope of treatment, he should have been designated as an expert and disclosed his opinions pursuant to Fed. R. Civ. P. …