Evidence of Plaintiff’s Anemia, Smoking May be Presented at Bard IVC Filter Trial
May 8, 2018
PHOENIX — Evidence regarding a plaintiff’s anemia may be presented at trial in the second bellwether C.R. Bard IVC filter case because it is relevant as to whether the filter fragment that remains lodged in the plaintiff is a proximate cause of her fatigue, a federal judge has ruled.
In the May 3 order, Judge David G. Campbell of the U.S. District Court for the District of Arizona also held that defendants may present evidence of the plaintiff’s smoking habit to show that it is a cause of her shortness of breath.
In January 2010, Georgia resident Doris Jones …
- Gallagher & Kennedy
- Nelson Mullins Riley & Scarborough