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In re Norplant Contraceptive Prods. Liab. Litig.

United States District Court for the Eastern District of Texas, Beaumont Division

February 19, 1997, Decided

MDL No. 1038

Opinion

ORDER GRANTING DEFENDANTS' MOTION IN LIMINE TO BAR REFERENCE TO ADVERSE EXPERIENCE REPORTS ABOUT NORPLANT

Before this court is Defendants' Motion In Limine to Bar Reference to Adverse Experience Reports About Norplant. Under Rule 403, the court determines that the probative value of adverse experience reports ("reports") would be outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. The reports are marginally probative because the FDA requires Wyeth to submit all adverse events reported to it without regard to whether there is any proven causal connection to Norplant. Introduction of the reports may confuse the jury because the jury will already have to bear the responsibility of considering the medical histories of the five bellwether Plaintiffs; and introduction of the reports may waste time because the Defendants then would have to have an opportunity to rebut [*2]  the significance of the adverse reports. Additionally, Plaintiffs have other evidence, i.e, clinical trials, to submit at trial on the issue of "notice."

Accordingly, Defendants' Motion In Limine to Bar Reference to Adverse Experience Reports About Norplant is hereby GRANTED.

SIGNED this the 19 day of February 1997.

RICHARD A. SCHELL

UNITED STATES DISTRICT JUDGE

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1997 U.S. Dist. LEXIS 11733 *

IN RE NORPLANT CONTRACEPTIVE PRODUCTS LIABILITY LITIGATION

Disposition:  [*1]  Defendants' Motion In Limine to Bar Reference to Adverse Experience Reports About Norplant GRANTED.

Counsel: For ALL PLAINTIFFS, plaintiff: Christopher Matthew Parks, Parker, Parks & Rosenthal, Pt. Arthur, TX.

For ALL DEFENDANTS, defendant: F Lane Heard, III, Williams & Connolly, Washington, DC.

Judges: RICHARD A. SCHELL, UNITED STATES DISTRICT JUDGE

Opinion by: RICHARD A. SCHELL