Coloplast Keeps Mesh Win Because Expert’s Supplement Was Late

Aug. 10, 2023, 5:59 PM UTC

Coloplast Corp. defeated an appeal in a pelvic mesh case, as the Eighth Circuit affirmed Thursday that the plaintiff’s case failed because she lacked expert proof linking the device to her injuries.

Her expert’s initial report was excluded as deficient under federal rules, and the district court properly rejected the expert’s supplemental report as untimely, the appeals court said.

Angela Cantrell timely disclosed the opinion of her expert, whose three-sentence specific causation analysis said Coloplast’s Restorelle L mesh caused her harm.

  • After Coloplast sought to exclude the report, Cantrell submitted a supplemental one with more analysis
  • The district court excluded ...

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