The law clerk from Judge Joseph R. Goodwin informs MDND that the plaintiff’s presentation on behalf of plaintiff, Donna Cisson has rested. Now it is time for the defense to put on its case for the eight jurors.
Lori Cohen is the attorney representing Bard.
Before attorneys rested, they had Donna Cisson take the stand as well as her explant surgeon Dr. John Miklos of Atlanta.
A deposition is a question and answer session recorded on print and sometimes on video during the “discovery” process of the trial when both sides get to “discover” what evidence exists.
Among them, Bard must deflect the Materials Safety Data Sheet (see story from July 9) that showed the company it was not supposed to use the Marlex resin to make polypropylene medical devices, especially those that are permanently implanted in humans.
During the first trial, before the mistrial, Cohen told jurors that the raw material and the final product are not one in the same. Still, executives within Bard discussed how NOT to let the Marlex supplier know the eventual product to be created and even went to the trouble of creating a dummy corporation to buy the Marlex.
This information was revealed in the first trial which began July 8 but ended in a mistrial July 10. This second attempt at the Cisson case began July 29.
Judge Joseph Goodwin has promised this case will take about 12 days. He has three other bellwether cases to follow which all name C.R. Bard & Co. of New Jersey.
Here are the other cases:
Cisson, et al. v. C. R. Bard, Inc. 2:11-cv-00195
Queen, et al. v. C. R. Bard, Inc. 2:11-cv-00012
Rizzo, et al. v. C. R. Bard, Inc. 2:10-cv-01224
Jones v. C. R. Bard, Inc. 2:11-cv-00114
So. District of West Virginia
Dr. John Miklos Deposition
Bard Exhibits #103-2 Miklos Depo 20112967344
MDND Story on First Trial, July 9, 2013
A PACER account will allow you to log into the court records and read all of the discovery in the case.