We aren't pulling any punches. We think Taylor v. Mentor
Worldwide LLC, — F.3d –, 2019 WL 4941936
(11th Cir. Oct. 8, 2019) is a candidate to be one of
this year's DDL Blog bottom ten cases. Not only was
plaintiff's expert allowed to change his opinion at trial,
plaintiff was allowed to prevail without demonstrating a threshold
level of exposure. Both issues should have sent this case back for
a new trial. Instead, we get a lousy 2-1 decision on key expert
issues.
Plaintiff's case was selected as a bellwether trial in the
In re Mentor Corp. ObTape Transobturator Sling Products
Liability Litigation. She alleged that defendants mesh tape
was defective because of its small pore size and its alleged
propensity to degrade. Id. at *1. Plaintiff's specific
causation expert witness authored a report attributing
plaintiff's injuries to defendant's product's small
pore size and its "tightening/contraction" process.
Id. at *2. Plaintiff's expert's report also stated
that he
