Farmer v. C. R. Bard, Inc.
2:13-cv-33521
S.D.W. VaMar 21, 2017Background
- Case part of MDL 2187 (transvaginal mesh litigation); plaintiff Deborah Farmer was selected as a Wave 2 bellwether in the Bard MDL.
- Plaintiff filed in this district but implantation occurred in Florida; parties and court agreed Florida substantive law governs under Restatement (Second) choice-of-law principles.
- Bard moved for summary judgment seeking dismissal of multiple product-liability and negligence-related claims; Bard also moved separately to bar punitive damages.
- Plaintiffs alleged negligent design and failure-to-warn theories plus broader negligence allegations (designing, manufacturing, marketing, labeling, packaging, selling).
- Court assessed which claims had sufficient evidence to survive summary judgment and whether factual disputes warranted denial on other claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Choice of law | Florida law applies because implantation occurred in Florida | MDL court should apply governing state law of implantation forum | Held: Florida law governs (Restatement §145 approach) |
| Manufacturing defect & express/implicit warranty claims | Plaintiff contended claims supported by record evidence | Bard conceded these claims should be dismissed | Held: Granted as to manufacturing defect and breach of express and implied warranties |
| Negligence theories re: inspection, marketing, labeling, packaging, selling | Alleged Bard failed to adequately study/test mesh and was negligent in those activities | Bard argued plaintiffs lack evidence of breach causation for these discrete theories | Held: Summary judgment granted for Bard on these specific negligence theories for lack of evidence |
| Remaining claims (negligent design, failure to warn, punitive damages) | Plaintiff asserted factual disputes support trial on design/failure-to-warn and punitive damages | Bard sought summary judgment and partial summary judgment to preclude punitive damages | Held: Genuine factual disputes exist; summary judgment denied as to remaining claims; punitive damages motion denied |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard and burden to show genuine dispute)
- Lewis v. City of St. Petersburg, 260 F.3d 1260 (elements of negligence under Florida/Eleventh Circuit guidance)
- Bishop v. Fla. Specialty Paint Co., 389 So. 2d 999 (Florida uses Restatement (Second) for tort choice-of-law)
- In re Air Disaster at Ramstein Air Base, Ger., 81 F.3d 570 (MDL choice-of-law guidance for dispositive motions)
- In re Air Crash Disaster Near Chi., Ill., 644 F.2d 594 (MDL transferee court may apply choice-of-law rules of originating forum)