Id. at 71:6–14. He also does not know what quality checks EES has in place to ensure that its cartridges are fully loaded with staples, and is unaware of any instances where there was a cartridge manufactured by EES that was missing staples. Id. at 71:15–22. Dr. Croston has not even inspected the stapler or the stapler cartridge used in Ms. Webb’s surgery. Id. at 70:20–25. Thus, Dr. Croston should not be permitted to render expert testimony relating to any potential manufacturing defect of the TX surgical stapler at issue in this case.
B. Dr. Croston’s methodology in support of his warnings opinions is unreliable.
Courts apply five factors to determine whether the expert’s methodology is reliable: (1) whether the expert’s theory can
B. Dr. Croston’s methodology in support of his warnings opinions is unreliable.
Courts apply five factors to determine whether the expert’s methodology is reliable: (1) whether the expert’s theory can