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In re Prempro Products Liability Litigation

September 11, 2006

IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION
LINDA REEVES PLAINTIFF
v.
WYETH DEFENDANT



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

The parties submitted their witness designations, counter-designations, and objections for review. The only deposition that was used in trial was the 6-29-2006 Essner deposition, and my rulings on that deposition are included in the next paragraph. As for the remaining 21 deposition designations, I ruled on the objections, but the designations were never used at trial. However, I have included them in this order to serve as guidance in future cases.

Essner R 20060629

Defendant's objection to page 547, line 24 through page 549, line 17 is OVERRULED. Defendant's objection to page 550, line 15 through page 553, line 2 is OVERRULED. Defendant's objection to page 553, line 18 through page 554, line 6 is OVERRULED. Defendant's objection to page 555, line 14 through page 556, line 14 is OVERRULED. Defendant's objection to page 563, line 23 through page 564, line 4 is SUSTAINED. Defendant's objection to page 570, lines 2 through 17 is SUSTAINED.

Defendant's objection to page 576, lines 3 through 21 is OVERRULED.

Defendant's objection to page 581, line 12 through page 583, line 22 is OVERRULED. Defendant's objection to page 622, line 16 through page 623, line 20 is SUSTAINED. Each party's objection to page 671, lines 9 through 19 is OVERRULED.

Plaintiff's objection to page 674, line 20 through page 675, line 22 is OVERRULED. Plaintiff's objection to page 745, line 22 through page 746, line 9 is OVERRULED. Plaintiff's objection to page 748, line 20 through page 749, line 13 is OVERRULED. Plaintiff's objection to page 753, lines 1 through page 754, line 24 is SUSTAINED. Plaintiff's objection to page 755, lines 18 through 22 is GRANTED.*fn1 Plaintiff's objection to page 756, line 12 through page 757, line 5 is SUSTAINED. Plaintiff's objection to page 757, line 15 through page 758, line 22 is OVERRULED. Plaintiff's objection to page 760, lines 7 through 19 is OVERRULED.

Plaintiff's objection to page 762, lines 6 through 10 is OVERRULED..

Plaintiff's objection to page 772, line 15 through page 775, line 5 is OVERRULED. Plaintiff's objection to page 776, line 22 through page 779, line 18 is OVERRULED. Plaintiff's objection to page 781, line 23 through page 782, line 8 is OVERRULED. Plaintiff's objection to page 782, line 12 through page 784, line 6 is OVERRULED. Plaintiff's objection to page 784, line 12 through page 786, line 9 is OVERRULED. Plaintiff's objection to page 787, line 22 through page 788, line 12 is OVERRULED. Plaintiff's objection to page 788, line 20 through page 790, line 23 is OVERRULED. Plaintiff's objection to page 791, line 9 through page 792, line 16 is OVERRULED. Plaintiff's objection to page 797, line 18 through page 798, line 4 is OVERRULED.

Plaintiff's objection to page 800, line 16 through page 801, line 11 is SUSTAINED. Plaintiff's objection to page 803, lines 18 through 24 is OVERRULED. Defendant's objection to page 810, line 16 through 811, line 1 is OVERRULED.

The following designations were ruled on but never used at trial, but are provided for guidance:

1. Pickar J 20050920

Defendant's objection to page 18, lines 21 through 24 is OVERRULED. Defendant's objection to page 19, line 19 through page 22, line 21 is SUSTAINED. Defendant's objection to page 23, line 7 through page 24, line 5 is SUSTAINED. Defendant's objection to page 25, line 4 through page 26, line 5 is OVERRULED.

2. Pickar J 20050921

Plaintiff's objection to page 500, line 18 through page 501, line 6 is OVERRULED.

3. Deitch M 20051026

Defendant's objection to page 169, line 23 through page 170, line 8 is OVERRULED. Defendant's objection to page 197, line 1 through 12 is SUSTAINED.

Defendant's objection to page 199, line 12 through page 200, line 4 is OVERRULED. Defendant's objection to page 203, lines 13-24 is OVERRULED.

Defendant's objection to page 210, line 15 through page 212, line 10 is SUSTAINED. Defendant's objection to page 214, line 24 through page 216, line 19 is OVERRULED.

Defendant's objection to page 217, line 3 through page 221, line 7 is OVERRULED. Defendant's objection to page 227, line 1 through page 227, line 9 is OVERRULED. Defendant's objection to page 264, line 16 through page 265, line 4 is SUSTAINED.

4. Deitch M 20051027

Plaintiff's objection to page 402, line 16 through page 403, line 13 is OVERRULED. Defendant's objection to page 425, line 15 through page 426, line 3 is OVERRULED. Defendant's objection to page 426, line 15 through page 427, line 13 is OVERRULED. Defendant's objection to page 427, line 22 through page 428, line 6 is OVERRULED. Defendant's objection to page 444, line 12 through page 448, line 13 is OVERRULED but the testimony is limited to the issue of cardiovascular benefit.

Defendant's objection to page 454 lines 9 though17 is OVERRULED.

Defendant's objection to page 497, line 19 through page 498, line 6 is OVERRULED. Defendant's objection to page 500, line 14 through page 501, line 21 is OVERRULED. Defendant's objection to page 502, line 21 through page 503, line 3 is SUSTAINED. Defendant's objection to page 521, lines 15 through 22 is OVERRULED.

Defendant's objection to page 637, line 16 through page 639, line 1 is OVERRULED. Defendant's objection to page 639, line 22 through page 640, line 4 is OVERRULED. Defendant's objection to page 646, line 19 through page 647, line 23 is SUSTAINED. Defendant's objection to page 649, lines 7 through 18 is SUSTAINED.

Defendant's objection to page 649, line 24 through page 650, line 6 is SUSTAINED. Defendant's objection to page 683, line 23 through page 684, line 10 is OVERRULED. Defendant's objection to page 694, line 15 through page 695, line 24 is OVERRULED.

Defendant's objection to page 697, line 4 through page 698, line 15 is OVERRULED. Defendant's objection to page 719, line 18 through page 720, line 7 is OVERRULED. Defendant's objection to page 726, lines 5 through 23 is OVERRULED.

5. Marder H 20060117

Defendant's objection to page 26, line 19 through page 30, line 12 is OVERRULED. Defendant's objection to page 30, lines 18 through 20 is OVERRULED. Defendant's objection to page 32, line 18 through page 33, line 2 is OVERRULED. Defendant's objection to page 58, line 5 through page 59, line 21 is SUSTAINED. Defendant's objection to page 65, lines 4 through 11 is OVERRULED. Defendant's objection to page 67, lines 5 through 13 is OVERRULED. Defendant's objection to page 67, lines 14 through 22 is SUSTAINED. Defendant's objection to page 67, line 24 through page 68, line 11 is OVERRULED. Defendant's objection to page 71, line 9 through page 72, line 20 is OVERRULED. Defendant's objection to page 15, line 15 through page 82, line 1 is OVERRULED. Defendant's objection to page 84, lines 13 through 24 is SUSTAINED. Defendant's objection to page 85, line 20 through page 86, line 15 is OVERRULED. Defendant's objection to page 97, lines 6 through 17 is SUSTAINED.

Defendant's objection to page 98, line 24 through 100, line 21 is SUSTAINED. Defendant's objection to page 112, lines 3 through 24 is OVERRULED. Defendant's objection to page 116, line18 through page 117, line 4 is OVERRULED. Defendant's objection to page 120, line 6 through page 121, line 9 is OVERRULED.

Defendant's objection to page 137, line 4 through page 138, line 9 is SUSTAINED. Defendant's objection to page 153, line 4 through page 157, line 22 is OVERRULED. Defendant's objection to page 159, lines 7 through 20 is SUSTAINED.

Defendant's objection to page 159, line 21 through page 161, line 2 is OVERRULED. Defendant's objection to page 169, line 11 through page 170, line 1 is OVERRULED. Defendant's objection to page 174, line 2 through page 176, line 4 is OVERRULED. Plaintiff's objection to page 192, line 22 through page 193, line 14 is OVERRULED. Plaintiff's objection to page 199, line 24 through page 200, line 6 is OVERRULED. Plaintiff's objection to page 202, lines 3 through 9 is OVERRULED.

Plaintiff's objection to page 202, line 13 through page 203, line 6 is OVERRULED. Plaintiff's objection to page 206, line 8 ...


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