In Re Silicone Gel Breast Impl. Prod. Liab. Lit.

Good Law
318 F. Supp. 2d 879
United States District Court, Central District of CaliforniaApril 22, 2004CV 96-6545 AHM(RNBX)California17,633 words

Opinion

Opinion

MATZ, District Judge.

Toni Cagle was diagnosed with breast cancer approximately fourteen months after receiving breast implants. Her breast cancer later caused her death. Her husband Bradley Cagle ("Plaintiff"), as the administrator of Toni Cagle's estate, alleges that her implants manufactured by The Cooper Companies, Inc., Surgitek/Medical Engineering Corp. (a subsidiary of Bristol Myers Squibb Co.), and Foamex, L.P. ("Defendants") caused or accelerated her breast cancer. He alleges that Defendants are either the manufacturers or the successors in interest to the manufacturers of the devices implanted in Mrs. Cagle. His First Cause of Action is for "Strict Products Liability." The others are as follows: (2) "Failure to Warn"; (3) Breach of Implied Warranty; (4) Breach of Express Warranty; (5) Fraud/Intentional Misrepresentation; (6) Negligence; (7) Loss of Consortium; (9) Wrongful Death; and (10) Pain and Suffering. [1]

This Order addresses four motions in limine filed by the Defendants and Defendants' motion for summary judgment. The in limine motions seek to exclude the testimony of Plaintiff's four causation experts. Those experts are Dr. Neugebauer (an epidemiologist), Dr.…

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