Plaintiff’s ‘Untimely’ Expert Designation Stricken in Bard IVC Filter Case

  • Order

SAN ANTONIO, Texas — A Texas federal magistrate judge has stricken the expert designation of Dr. John F. LaDisa in a lawsuit targeting C.R. Bard’s IVC filter, ruling that the plaintiff “failed to establish that his untimely and incomplete designation was substantially justified and harmless.”

In an Aug. 25 order, Magistrate Judge Elisabeth S. Chestney of the U.S. District Court for the Western District of Texas noted that all general fact and expert discovery was long ago completed in the MDL and that the parties agreed to proceed with case-specific discovery and the designation and retention of case-specific experts only.


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