Full opinion text
MEMORANDUM OPINION AND ORDER (Daubert Motions) JOSEPH R. GOODWIN, District Judge. The following motions have been brought by the defendant, Boston Scientific Corporation (“BSC”): (1) Defendant’s Motion to Exclude Plaintiffs’ Experts’ Opinion that Polypropylene Mid-Urethral Slings Are Defective [Docket 227]; (2) Defendant’s Motion to Exclude the Opinions and Testimony of Michael Thomas Margol-is, M.D. [Docket 237](3) Defendant’s Motion to Exclude the Opinions and Testimony of Richard W. Trepeta, M.D. [Docket 235]; (4) Defendant’s Motion to Exclude the Opinions and Testimony of Jimmy W. Mays, Ph.D. and Samuel P. Gido, Ph.D. [Docket 221]; (5) Defendant’s Motion to Exclude the Opinions and Testimony of Peggy Pence, Ph.D., RAC, FRAPS [Docket 219]; (6) Defendant’s Motion to Exclude the Opinions and Testimony of Thomas H. Barker, Ph.D. [Docket 223]; (7) Defendant’s Motion to Exclude the Opinions and Testimony of Donald R. Ostergard, M.D. [Docket 217]; (8) Defendant’s Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. [Docket 225]; (9) Defendant’s Motion to Exclude the Opinions and Testimony of Jerry Blaivas, M.D. [Docket 239]; (10) Defendant’s Motion to Exclude the Opinions and Testimony of Alison Vredenburgh, Ph.D., CPE [Docket 241]; (11) Defendant’s Motion to Exclude the Opinions and Testimony of Bruce Allen Rosenzweig, M.D. [Docket 251]; (12) Defendant’s Motion to Exclude the Opinions of Christopher Walker, M.D. [Docket 247]; and (13) Defendant’s Motion to Strike Rebuttal Report of Dr. Abbas Shobeiri [Docket 400]. The following motions have been brought by the plaintiffs: (1) Plaintiffs’ Motion to Exclude the Testimony of Stephen H. Spiegelberg, Ph.D. [Docket 215]; (2) Plaintiffs Motion to Exclude the Testimony of Stephen F. Badylak, D.V.M., Ph. D., M.D. [Docket 213]; (3) Plaintiffs’ Motion to Exclude the Testimony of Gary L. Winn, Ph.D. [Docket 229]; (4) Plaintiffs’ Motion to Exclude or Limit Testimony of Christine Brauer, Ph.D. [Docket 231]; (5) Plaintiffs’ Motion to Limit the Testimony of Patrick Culligan, M.D. [Docket 233]; and (6) Plaintiffs’ Motion to Limit the Testimony of Lonny Green, M.D. [Docket 354], For the reasons explained below, the defendant’s motion with respect to Plaintiffs’ Experts’ Opinion that Polypropylene Mid-Urethral Slings Are Defective [Docket 227] is DENIED. The defendant’s motion with respect to Dr. Margolis [Docket 237] is GRANTED IN PART and DENIED IN PART and RESERVED IN PART. The defendant’s motion with respect to Dr. Trepeta [Docket 235] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Drs. Mays and Gido [Docket 221] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Pence [219] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Barker [Docket 223] is GRANTED. The defendant’s motion with respect to Dr. Ostergard [Docket 217] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Ia-kovlev [Docket 225] is GRANTED. The defendant’s motion with respect to Dr. Blaivas [Docket 239] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Vredenburgh [Docket 241] is GRANTED. The defendant’s motion with respect to Dr. Rosenzweig [Docket 251] is DENIED. The defendant’s motion with respect to Dr. Walker [Docket 247] is DENIED. The defendant’s motion to strike the rebuttal report of Dr. Shobeiri [Docket 400] is GRANTED. The plaintiffs’ motion with respect to Dr. Spiegelberg [Docket 215] is RESERVED IN PART and GRANTED IN PART. The plaintiffs’ motion with respect to Dr. Bady-lak [Docket 213] is RESERVED IN PART and GRANTED IN PART. The plaintiffs’ motion with respect to Dr. Winn [Docket 229] is GRANTED. The plaintiffs’ motion with respect to Dr. Brauer [Docket 231] is GRANTED. The plaintiffs’ motion with respect to Dr. Culligan [Docket 233] is GRANTED. The plaintiffs’ motion with respect to Dr. Green [Docket 354] is GRANTED IN PART and DENIED IN PART. I. Background This consolidated case resides in one of seven MDLs assigned to me by the Judicial Panel on Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse and stress urinary incontinence. In the seven MDLs, there are over 60,000 cases currently pending, over 13,000 of which are in the Boston Scientific Corporation MDL, MDL 2326. In this particular case, the four consolidated plaintiffs were surgically implanted with the Obtryx Transobturator Mid-Urethral Sling System (“the Ob-tryx”), a mesh product manufactured by BSC. (See Pretrial Order # 78 [Docket 9], at 1-2). All of the plaintiffs received their surgeries in West Virginia. They claim that as a result of implantation of the Obtryx, they have experienced “erosion, mesh contraction, infection, fistula, inflammation, scar tissue, organ perforation, dys-pareunia (pain during sexual intercourse), blood loss, neuropathic and other acute and chronic nerve damage and pain, pu-dendal nerve damage, pelvic floor damage, and chronic pelvic pain.” (Id. at 4 (quoting the master complaint)). The plaintiffs allege negligence; strict liability for design defect; strict liability for manufacturing defect; strict liability for failure to warn; breach of express warranty; breach of implied warranty; and punitive damages. (Id. at 2). The spouse of one plaintiff (Ms. Tyree) has also alleged loss of consortium. (Id.). The parties have retained experts to render opinions regarding the elements of these causes of action, and the instant motions involve the parties’ efforts to exclude or limit the experts’ opinions and testimony pursuant to Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). II. Legal Standard Under Federal Rule of Evidence 702, expert testimony is admissible if the expert is “qualified ... by knowledge, skill, experience, training, or education,” and if his testimony is (1) helpful to the trier of fact in understanding the evidence or determining a fact in issue; (2) “based upon sufficient facts or data”; and (3) “the product of reliable principles and methods” that (4) have been reliably applied “to the facts of the case.” Fed.R.Evid. 702. The U.S. Supreme Court established a two-part test to govern the admissibility of expert testimony under Rule 702 — the evidence is admitted if it “rests on a reliable foundation and is relevant.” Daubert, 509 U.S. at 597, 113 S.Ct. 2786. The proponent of expert testimony does not have the burden to “prove” anything to the court. Md. Cas. Co. v. Therm-O-Disc, Inc., 137 F.3d 780, 783 (4th Cir.1998). He or she must, however, “come forward with evidence from which the court can determine that the proffered testimony is properly admissible.” Id. The district court is the gatekeeper. It is an important role: “[Ejxpert witnesses have the potential to be both powerful and quite misleading[;]” the court must “ensure that any and all scientific testimony ... is not only relevant, but reliable.” Cooper v. Smith & Nephew, Inc., 259 F.3d 194, 199 (4th Cir.2001) (citing Westberry v. Gislaved Gummi AB, 178 F.3d 257, 261 (4th Cir.1999) and Daubert, 509 U.S. at 588, 595, 113 S.Ct. 2786). In carrying out this role, I “need not determine that the proffered expert testimony is irrefutable or certainly correct” — “[a]s with all other admissible evidence, expert testimony is subject to testing by ‘vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof.’ ” United States v. Moreland, 437 F.3d 424, 431 (4th Cir.2006) (quoting Daubert, 509 U.S. at 596, 113 S.Ct. 2786); see also Md. Cas. Co., 137 F.3d at 783 (noting that “[a]ll Daubert demands is that the trial judge make a ‘preliminary assessment’ of whether the proffered testimony is both reliable ... and helpful”). Daubert mentions specific factors to guide the court in making the overall reliability determinations that apply to expert evidence. These factors include (1) whether the particular scientific theory “can be (and has been) tested”; (2) whether the theory “has been subjected to peer review and publication”; (3) the “known or potential rate of error”; (4) the “existence and maintenance of standards controlling the technique’s operation”; and (5) whether the technique has achieved “general acceptance” in the relevant scientific or expert community. United States v. Crisp, 324 F.3d 261, 266 (4th Cir.2003) (quoting Daubert, 509 U.S. at 593-94, 113 S.Ct. 2786). Despite these factors, “[t]he inquiry to be undertaken by the district court is ‘a flexible one’ focusing on the ‘principles and methodology’ employed by the expert, not on the conclusions reached.” Westberry, 178 F.3d at 261 (quoting Daubert, 509 U.S. at 594-95, 113 S.Ct. 2786); see also Kumho Tire Co. v. Carmichael, 526 U.S. 137, 150, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) (“We agree with the Solicitor General that ‘[t]he factors identified in Daubert may or may not be pertinent in assessing reliability, depending on the nature of the issue, the expert’s particular expertise, and the subject of his testimony.’ ”) (citation omitted); see also Crisp, 324 F.3d at 266 (noting “that testing of reliability should be flexible and that Daubert’s five factors neither necessarily nor exclusively apply to every expert”). With respect to relevancy, Daubert further explains: Expert testimony which does not relate to any issue in the case is not relevant and, ergo, non-helpful. The consideration has been aptly described by Judge Becker as one of fit. Fit is not always obvious, and scientific validity for one purpose is not necessarily scientific validity for other, unrelated purposes.... Rule 702’s helpfulness standard requires a valid scientific connection to the pertinent inquiry as a precondition to admissibility. Daubert, 509 U.S. at 591-92, 113 S.Ct. 2786 (internal citations and quotation marks omitted). Finally, in several of the instant Daubert motions, a specific scientific methodology comes into play, dealing with differential diagnoses or etiologies. “Differential diagnosis, or differential etiology, is a standard scientific technique of identifying the cause of a medical problem by eliminating the likely causes until the most probable one is isolated.” Westberry, 178 F.3d at 262. The Fourth Circuit has stated that: A reliable differential diagnosis typically, though not invariably, is performed after “physical examinations, the taking of medical histories, and the review of clinical tests, including laboratory tests,” and generally is accomplished by determining the possible causes for the patient’s symptoms and then eliminating each of these potential causes until reaching one that cannot be ruled out or determining which of those that cannot be excluded is the most likely. Id. A reliable differential diagnosis passes scrutiny under Daubert. An unreliable differential diagnosis is another matter: A differential diagnosis that fails to take serious account of other potential causes may be so lacking that it cannot provide a reliable basis for an opinion on causation. However, “[a] medical expert’s causation conclusion should not be excluded because he or she has failed to rule out every possible alternative cause of a plaintiff’s illness.” The alternative causes suggested by a defendant “affect the weight that the jury should give the expert’s testimony and not the admissibility of that testimony,” unless the expert can offer “no explanation for why she has concluded [an alternative cause offered by the opposing party] was not the sole cause.” Id. at 265-66 (internal citations omitted). Ultimately, the district court has broad discretion in determining whether to admit or exclude expert testimony, and the “the trial judge must have considerable leeway in deciding in a particular case how to go about determining whether particular expert testimony is reliable.” Cooper, 259 F.3d at 200 (quoting Kumho Tire, 526 U.S. at 152, 119 S.Ct. 1167). Before I review these motions, I begin by addressing three arguments that apply to many of the parties’ Daubert objections. First, as I have maintained throughout these MDLs, I will not permit the parties to use experts to usurp the jury’s fact-finding function by allowing an expert to testify as to a party’s state of mind or on whether a party acted reasonably. See, e.g., Huskey v. Ethicon, Inc., 29 F.Supp.3d 691, 702-03, 2:12-cv-05201, 2014 WL 3362264, at *3 (S.D.W.Va. July 8, 2014); Lewis, et al. v. Ethicon, Inc., 2:12-cv-4301, 2014 WL 186872, at *6, *21 (S.D.W.Va. Jan. 15, 2014); In re C.R. Bard, Inc., 948 F.Supp.2d 589, 611, 629 (S.D.W.Va.2013). Although an expert may testify about his or her review of internal corporate documents solely for the purpose of explaining the basis for his or her opinions — assuming the opinions are otherwise admissible — a party’s knowledge, state of mind, or other matters related to corporate conduct and ethics are not appropriate subjects of expert testimony because opinions on these matters will not assist the jury. Second, “opinion testimony that states a legal standard or draws a legal conclusion by applying law to the facts is generally inadmissible.” United States v. McIver, 470 F.3d 550, 562 (4th Cir.2006). I have diligently applied this rule to previous expert testimony, and I continue to adhere to it in this case. I will not parse the expert reports and depositions of each expert in relation to these same objections. I trust that able counsel in this matter will tailor expert testimony at trial accordingly. Last, with respect to the arguments that certain experts’ testimony is litigation driven, I note that an expert’s formulation of his or her opinion for the purposes of litigation does not, by itself, justify that expert’s exclusion. See Daubert v. Merrell Dow Pharm., Inc. (“Daubert II ”), 43 F.3d 1311, 1317 (9th Cir.1995) (“That an expert testifies for money does not necessarily cast doubt on the reliability of his testimony, as few experts appear in court merely as an eleemosynary gesture.”). This concern, however, does have a role in applying Daubert. See Hoffman v. Monsanto Co., No. 2:05-CV-00418, 2007 WL 2984692, at *3 (S.D.W.Va. Oct. 11, 2007) (considering in the Daubert analysis “[w]hether experts are proposing to testify about matters growing naturally and directly out of research they have conducted independent of the litigation, or whether they have developed their opinions expressly for purposes of testifying” (quoting Fed.R.Evid. 702 advisory committee’s note)). In sum, I will not exclude an expert on the sole basis that the opinion arose during litigation, so long as it is otherwise reliable. But I will consider the independence of an expert’s testimony as evidence that his “research comports with the dictates of good science.” Daubert II, 43 F.3d at 1317. Having addressed these universal objections, I now turn to BSC’s Daubert motions. III. BSC’s Daubert Motions In this case, BSC seeks to limit or exclude certain opinion testimony of Dr. Michael Thomas Margolis; Dr. Richard W. Trepeta; Drs. Jimmy W. Mays and Samuel P. Gido; Dr. Peggy Pence; Dr. Thomas H. Barker; Dr. Donald R. Ostergard; Dr. Vladimir Iakovlev; Dr. Jerry Blaivas; Dr. Alison Vredenburgh; Dr. Bruce Allen Rosenzweig; Dr. Christopher Walker; and Dr. Abbas Shobeiri. BSC also seeks to preclude the plaintiffs’ experts from opining on the alleged defects of polypropylene mid-urethral slings. A. Motion to Exclude Plaintiffs’ Experts’ Opinion that Polypropylene Mid-Urethral Slings are Defective BSC moves to preclude any of plaintiffs’ experts from opining that polypropylene mid-urethral slings are defective. BSC argues that this opinion should be excluded because it “has not been tested, is not based on published-peer-reviewed literature, and is not generally accepted in the relevant medical and scientific communities.” (BSC’s Mem. of Law in Support of its Mot. to Exclude Pls.’ Experts’ Op. That Polypropylene Mid-Urethral Slings Are Defective [Docket 228], at 2-3). The plaintiffs in Sanchez presented the same arguments. See Sanchez, et al. v. Boston Scientific Corp., No. 2:12-cv-05762, 2014 WL 4851989, at *4-5 (S.D.W.Va. September 29, 2014). I ADOPT my reasoning in Sanchez: Rule 702, by its plain terms, contemplates Daubert challenges directed at the opinions of specific experts, not the opinions of a collection of experts. While these experts may have come to similar conclusions, it is not the conclusions that the court must assess, but the reliability of the methods and procedures underpinning those conclusions. Daubert, 509 U.S. at 595 [113 S.Ct. 2786] (“The focus, of course, must be solely on principles and methodology, not on the conclusions that they generate.”). Two experts may come to a similar conclusion, but one or both experts’ methodology in reaching that conclusion may be unreliable. Rule 702 directs the court to determine whether an expert is qualified, whether his or her opinions are the product of reliable methodology, and whether the opinions will be helpful to the jury. See Fed.R.Evid. 702. I can only conduct the required Daubert analysis on an individualized basis. Id. at *5. Therefore, I DENY BSC’s motion on the grounds explained in Sanchez. B. Motion to Exclude the Opinions and Testimony of Michael Thomas Margolis, M.D., BSC moves to exclude the opinions and testimony of Michael Thomas Margolis, M.D. Dr. Margolis is a pelvic floor surgeon and urogynecologist. He seeks to offer several opinions regarding polypropylene mesh slings, alternative procedures, and complications associated with mesh products. BSC argues that Dr. Margolis’s opinions are unreliable because he failed to consider scientific literature contrary to his opinions and failed to provide any scientific basis for other opinions. (See Def. BSC’s Mem. of Law in Supp. of Its Mot. to Exclude the Ops. and Test, of Michael Thomas Margolis, M.D. (“BSC’s Mem. re: Margolis”) [Docket 238], at 2). BSC also contends that Dr. Margolis’s specific causation opinions as to Ms. Tyree, Ms. Moore, and Ms. Campbell should be excluded because “he has not reliably applied his methodology to the facts of the cases” and did not perform a proper differential diagnosis. (Id.). In addition, BSC contends that Dr. Margolis’s opinions “either (1) constitute legal opinions, (2) fall outside the scope of his expertise, or (3) consist of speculation regarding Boston Scientific’s knowledge, intent and/or state of mind.” (Id.). Finally, BSC argues that Dr. Mar-golis seeks to offer opinions that were not disclosed in his expert report. (Id.). I have previously reviewed the opinion testimony of Dr. Margolis under Daubert. See Sanchez, et al. v. Boston Scientific Corp., No. 2:12-cv-05762, 2014 WL 4851989, at *10-19 (S.D.W.Va. Sept. 29, 2014). The parties in this case assert arguments on the admissibility of Dr. Margolis’s expert opinion that I addressed in Sanchez. To the extent that there are differences in fact or exhibits, the court does not find them sufficiently material to this case. Thus, I ADOPT my prior ruling on Dr. Margolis as follows and thereby GRANT IN PART, DENY IN PART, and RESERVE IN PART BSC’s motion. I will address additional arguments raised by the parties in this case below. 1. BSC Argues That Dr. Margolis Failed to Consider Contrary Scientific Studies in Forming His Opinions BSC argues that Dr. Margolis failed to consider scientific studies that were contrary to his opinions without a scientific basis for doing so. An expert’s opinion may be unreliable if he fails to account for contrary scientific literature and instead “selectively [chooses] his support from the scientific landscape.” In re Rezulin Products Liab. Litig., 369 F.Supp.2d 398, 425 (S.D.N.Y.2005) (quotations omitted). “[I]f the relevant scientific literature contains evidence tending to refute the expert’s theory and the expert does not acknowledge or account for that evidence, the expert’s opinion is unreliable.” Id.; see also Abarca v. Franklin Cnty. Water Dist., 761 F.Supp.2d 1007, 1066 n. 60 (E.D.Cal.2011) (“A scientist might well pick data from many different sources to serve as circumstantial evidence for a particular hypothesis, but a reliable expert would not ignore contrary data, misstate the findings of others, make sweeping statements without support, and cite papers that do not provide the support asserted.” (quotations omitted)); Rimbert v. Eli Lilly & Co., CIV 06-0874 JCH/LFG, 2009 WL 2208570, at *14 n. 19 (D.N.M. July 21, 2009) aff'd, 647 F.3d 1247 (10th Cir.2011) (“[A]n expert who chooses to completely ignore significant contrary epidemiological evidence in favor of focusing solely on non-epidemiological studies that support her conclusion engages in a methodology that courts find unreliable.”). a. Opinion that Polypropylene Mid-Urethral Slings Are Not Safe and Effective for SUI First, BSC contends that Dr. Mar-golis’s opinion that polypropylene mid-urethral slings are not safe and effective for the treatment of SUI is unreliable because he ignored peer-reviewed literature indicating otherwise. I addressed this argument in Sanchez: BSC’s argument focuses on Dr. Margol-is’s testimony regarding the Nilsson seventeen-year follow-up study, which supports the conclusion that polypropylene slings are safe and effective. (See Margolis Dep. [Docket 132-2], at 193:5— 20). Dr. Margolis rejected the Nilsson study without explaining a scientific basis for doing so. Instead, he merely indicated that he had “serious questions about the bias, the potential for bias and also the — the data in this article” but would not elaborate further: Q: You believe that this particular study is — is not reliable; is that your opinion? A: I question the reliability. Q: And you won’t tell me why? A: I question it, and that’s all I can say. Q: So what you’re telling the judge is I am dismissing this paper and not considering it rehable, but I’m not going to tell you why? A: Sure. I don’t have to tell you why I don’t consider something to be authoritative. I mean, I don’t consider that to be a valid study. I have concerns about it. I have a right to hold that opinion. And I do hold that opinion. Q: All right. Are there and— A: I don’t consider it authoritative and I consider it potentially flawed and potentially biased. That’s my opinion. Right or' wrong, that’s my opinion. (Id. at 196:1-3, 16-20; 199:10-22). Sanchez, 2014 WL 4851989, at *12. I ADOPT this reasoning here and find his method to be unreliable. Therefore, this opinion is EXCLUDED. b. Opinion Regarding the Complication Rates of Pain in Women with Polgpropglene Mesh and Slings BSC also argues that Dr. Margolis did not consider contrary studies showing lower complication rates of pain in women with polypropylene slings. In Sanchez, I cited to Dr. Margolis’s deposition testimony, which reveals that he gives no scientific basis for disagreeing with these studies: Q: Would you agree that there are studies that show that the rates of pain with polypropylene slings are in the low single digits? A: I — there áre studies. Q: And do you discount those studies? A: I disagree with those studies. Q: And why? A: Because that’s not what I have seen, read, studied, observed, and that’s not biologically plausible. ([Margolis Dep. [Docket 132-2],] at 239:2-13). Without further explanation for his disagreement with these studies, Dr. Margolis’s method is unreliable. Sanchez, 2014 WL 4851989, at *13. I ADOPT this reasoning here. His opinion is EXCLUDED. c. Opinions Regarding General Complication Rates in Women with Polypropylene Mesh BSC also challenges Dr. Mar-golis’s general opinions regarding high complication rates in women with polypropylene mesh products. In Sanchez, I cited to Dr. Margolis’s deposition testimony, where he explains his belief that studies indicating low single digit complication rates are not accurate because complications are underreported and data is possibly fabricated. See Sanchez, 2014 WL 4851989, at *13. I also find that Dr. Margolis’s method of “[g]iv[ing] the benefit of the doubt to the patient” is unreliable: Dr. Margolis explains that, when forming his opinion about the complication rates of a medical procedure, he “give[s] the benefit of the doubt to the patient.” ([Margolis Dep. [Docket 132-2],] at 259:7-9). In other words, he “assume[s] the worst-case scenario” and errs on the side of opining as to a higher complication rate to better protect a patient. (Id. at 259:11-259:23). Dr. Margolis eventually admits that he has been evaluating the literature and forming his opinions for this case according to that principle as well. (See id. at 259:20-260:14). “[G]iv[ing] the benefit of the doubt to the patient” is not a scientific basis for determining the complication rates associated with a mesh device. (Id. at 259:8-9). Sanchez, 2014 WL 4851989, at *14. I ADOPT this reasoning here. Dr. Margol-is’s opinions as to this matter are EXCLUDED. 2. BSC Argues that Dr. Margolis Failed to Provide Any Scientific Basis For His Other Opinions BSC next argues that Dr. Margolis failed to offer any scientific basis for his other opinions and based them solely on his experience. a. Opinion Concerning the Lack of Sound Scientific Evidence Supporting the Clinical Benefits of Polypro-pglene Mesh in SUI BSC challenges the reliability of Dr. Margolis’s opinions concerning a lack of sound scientific evidence supporting the use of polypropylene mesh in treating SUI. (See BSC’s Mem. re: Margolis [Docket 238], at 10-11). BSC points to Dr. Margolis’s deposition testimony where he admits that there, in fact, are studies supporting the use of polypropylene in SUI. I addressed this argument in Sanchez: Inconsistent statements of a witness may be addressed on cross-examination. See Daubert, 509 U.S. at 596 [113 S.Ct. 2786] (“Vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.”); In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 749 (3d Cir.1994) (“[Evaluating the reliability of scientific methodologies and data does not generally involve assessing the truthfulness of the expert witnesses ... ”). However, here, Dr. Margolis’s inconsistencies seem to directly shed light on the unreliability of his method. Even if Dr. Mar-golis is stating that there is a lack of credible evidence, as the plaintiffs argue, it is still unclear why Dr. Margolis believes these studies lack credibility. As a result, Dr. Margolis’s opinions are rendered untrustworthy and unreliable. Sanchez, 2014 WL 4851989, at *14. I ADOPT this reasoning here. Therefore, his opinions as to this matter are EXCLUDED. b. Opinion that the Burch Procedure is More Effective than Polypropylene Mesh Slings BSC challenges Dr. Margolis’s opinion that the Burch procedure is more effective than polypropylene slings. BSC argues that this opinion is unreliable because Dr. Margolis could not identify direct comparison studies of the Burch procedure and the use of slings in his deposition. (See BSC’s Mem. re: Margolis [Docket 238], at 11). In Sanchez, I nevertheless found his opinion to be reliable because his opinion was founded in scientific literature: Dr. Margolis cited in his report several scientific, peer-reviewed sources showing that the Burch procedure has high success rates. (See Margolis Report [Docket 58-1], at 9 n. 6 (citing J.W. Ross, Post Hysterectomy Total Vaginal Vault Prolapse Repaired Laparoscopi-cally.)) Presented at 2nd World Symposium on Laparoscopic Hysterectomy, American Association of Gynecologic La-paroscopists, New Orleans, LA (Apr. 7-9, 1995) (reporting 93% success rate for laparoscopic Burch and 90% for open Burch in the treatment of SUI); Romano S. Bustan et al., Burch Laparoscopic Procedure for Repairing Proven Stress Incontinence&emdash;Report of 32 Cases, Ha-refuah 139 (9-10), 350-2, 407 (2000) (reporting 97% cure rate); E.G. Jacome et al., Laparoscopic Burch Urethropexy in a Private Clinical Practice, J. Am. Assoc. Gynecol. Laparosc. 6(1): 39^14 (1999) (reporting cure rate of 94% for laparoscopic Burch); R.D. Moore et ah, Laparoscopic Burch Colposuspension for Recurrent Stress Urinary Incontinence, Jourdan of the Am. Assoc, of Gyneco. Laparasc. 8, no. 8:389-92 (2001) (reporting 90% objective cure rate in patients having repeat Burch procedure laparoscopically); Todd R. Jenkins and C.Y. Liu, Laparoscopic Burch Colposus- pension, 4 Current Opinion in Obstetrics & Gynee. 314, 314-18 (2007) (literature review noting a finding of cure rates between 76% to 96% for laparoscopic Burch procedures). In addition, Dr. Margolis testified that the Burch procedure success rates reported in the data are higher than the rates for the polypropylene sling. (See Margolis Dep. [Docket 132-1], at 136:12-16). Sanchez, 2014 WL 4851989, at *15. I ADOPT this reasoning here and find his opinion reliable. Also, unlike my ruling in Sanchez, I find Dr. Margolis’s opinion relevant in this case. Sanchez dealt with the Pinnacle device for the treatment of POP, and, since Dr. Margolis opined about the Burch procedure and polypropylene mesh slings in the treatment of SUI, I found that his opinion was irrelevant to Ms. Sanchez’s claims. (See id.). However, the product at issue in this case is the Obtryx, which is a sling that treats SUI. As a result, Dr. Margolis’s opinion that the Burch procedure is more effective than polypropylene mesh slings is relevant here. Therefore, I DENY BSC’s motion with respect to this matter. c. Opinion that Xenform Slings are More Effective than Polypropylene Slings BSC challenges Dr. Margolis’s opinion that Xenform slings are more effective than polypropylene slings in the treatment of SUI. BSC’s argument focuses on Dr. Margolis’s comparison of the different complication rates associated with Xenform slings versus polypropylene slings and his failure to identify studies involving Xenform slings. (See BSC’s Mem. re: Margolis [Docket 238], at 12). I addressed these arguments in Sanchez: Although Dr. Margolis has experience in this area, his method of comparing the complication rates of Xenform and polypropylene slings is problematic. In his deposition, Dr. Margolis explained that the 4% complication rate for Xenform slings is, in fact, “the complication rate that I understand all surgeons have when they take any patient into an operating room, whether it’s vaginal surgery, abdominal surgery, bladder surgery, brain surgery, or toe surgery.” (Mar-golis Dep., [Docket 132-1], at 122:18-24). His reasoning as to why Xenform has a lower complication rate than polypropylene slings is simply because Xenform uses no polypropylene mesh and, thus, has no mesh-related complications. (See id. at 123:22-124:11). This logic is not scientific. Dr. Margolis’s conclusion that Xenform does not have mesh-related complications because it is not made from mesh could be reached by a jury without expert testimony. Moreover, Dr. Margolis cannot cite a single study involving use of Xenform slings to treat SUI. When asked if he could point to a study, Dr. Margolis responded “I am not prepared to present any studies to you today. I don’t know any off the top of my head.” (Id. at 133:14-19). When asked if he had seen any studies, Dr. Margolis testified “I’m sure I have. I don’t have any names for you today.” (Id. at 133:20-24). Without a scientific basis, Dr. Mar-golis’s method is unreliable. Sanchez, 2014 WL 4851989, at *16. I ADOPT this reasoning here. Therefore, his opinion regarding Xenform slings is EXCLUDED. d. Opinion that the Infection Rate of Polypropylene Mesh is Up to 100% BSC next challenges Dr. Margol-is’s opinion that the infection rate of polypropylene mesh is up to 100%. (See BSC’s Mem. re: Margolis [Docket 238], at 12). As in Sanchez, BSC points to a slide presentation that Dr. Margolis has given which cites a study finding infection rates of 0% to 8%. (See id.). I addressed this issue in Sanchez: Dr. Margolis’s inconsistent presentation does not automatically render his method unreliable. In his report, Dr. Mar-golis does cite to scientific studies to support his opinion. (See Margolis Report [Docket 58-1], at 16) (describing the Vollebregt study finding 83.6% of implants contained bacteria during surgical implantation, the Boulanger study finding 100% of mesh explants removed in the study due to complications contain bacteria, the Shah and Badlani study finding infection in mesh patients). However, as BSC points out, the study which Dr. Margolis cites to support his 100% figure is not directly applicable. The Boulanger study did not find that 100% of the mesh systems explanted for the study were infected; the study found that 100% of the mesh systems were contaminated with bacteria. (See Margolis Report [Docket 58-1], at 16; Boulanger et al., Bacteriological Analysis of Meshes Removed for Complications After Surgical Management of Urinary Incontinence or Pelvic Organ Prolapse, 19 Int’l Urogynecol J. 827, 827 (2008) [Docket 58-5]). The authors of the Boulanger study are not certain that bacteria contamination leads to infection. (See Boulanger, supra, at 827, 830) (stating that the “exact role” of bacterial contamination “is not yet clear” and “must be explored by other experimental studies”). They even write that “infection is a rare complication of retropu-bic mid-urethral slings (0.7% of cases)” and that their “findings concur with previously published data” on this subject. (Boulanger, supra, at 830). The Boulanger study does not support the opinion that there is a 100% infection rate in women who undergo mesh implantation surgery. Therefore, Dr. Margolis’s methodology of basing his opinion on this study is unreliable. Sanchez, 2014 WL 4851989, at *17. I ADOPT this reasoning here. Therefore, his opinion as to this matter is EXCLUDED. e. Opinion that the Complication Rate of Urethral Obstruction is Greater than Ten Percent with Polyproylene Mid-Urethral Slings BSC challenges Dr. Margolis’s opinion that the complication rate of urethral obstruction is greater than ten percent. (See BSC’s Mem. re: Margolis [Docket 238], at 13). As in Sanchez, BSC supports its argument by quoting Dr. Margolis’s deposition testimony: Q: ... [A]re you offering an opinion as to how frequently shrinkage of a polypropylene midurethral sling chokes off the vagina as a result of shrinkage? A: Yes. Q: How often? A: Greater than ten percent. Q: And is there a study that you’re relying upon for that? A: I’m looking. And I’m not finding it right now. So I don’t have a study for you at this time. (Margolis Dep. [Docket 237-3], at 262:6-16). The plaintiffs in Sanchez did not respond to this argument, and I found this opinion to be unreliable. See Sanchez, 2014 WL 4851989, at *17. In this case, the plaintiffs in response cite to Dr. Margolis’s deposition testimony regarding mesh shrinkage and studies concerning mesh shrinkage to demonstrate that Dr. Margol-is’s opinion is, in fact, reliable. (See Pis.’ Resp. in Opp’n to BSC’s Mot. to Exclude the Opinions & Testimony of Michael Thomas Margolis, M.D. (“Pis. Resp. re: Margolis”) [Docket 283], at 13-15). However, the deposition testimony cited by the plaintiffs does not provide scientific support for Dr. Margolis’s opinion. It only references studies that report a variety of mesh shrinkage rates, without any support for his opinion that slings cause urethral obstruction in 10% of the cases. (See id.). For the reasons stated above and in Sanchez, I find Dr. Margolis’s opinion on this matter to be unreliable and, therefore, EXCLUDED. f. Opinion on the Percentage or Number of BSC Products Dr. Margolis Has Removed BSC challenges Dr. Margolis’s opinion on the percentage or number of BSC products that he has removed. (See BSC’s Mem. re: Margolis [Docket 238], at 13). I agreed with BSC in Sanchez on this point: Dr. Margolis testified that he has removed approximately 300 polypropylene mesh and sling products “throughout the last 15 or so years” and gives his “best guess” that 10% to 15% of those were Boston Scientific. (Margolis Dep. [Docket 132-1], at 74:23-76:1). Dr. Margolis explained that “[t]he exact numbers of each [product] I don’t keep track of.” (Id. at 74:11-19). When asked how he arrived at that 10% to 15% figure for Boston Scientific products, Dr. Margolis testified that these percentages are just to his “best recollection”: Q: Have you tried to do a system— did you go back and try to do some kind of systematic count, or are you just doing that from recollection in terms of the percentage of Boston Scientific products? A: Best recollection. (Id. at 76:13-18). Dr. Margolis testified that he cannot identify the mesh brand by sight after explantation, and he “tr[ies] to get the operative records from the implant” with the product manufacturing information but does not know how often he receives these records for his patients. (Id. at 76:2-9, 77:14-78:2). As a result, BSC argues that Dr. Mar-golis’s opinion as to the number or percentage of BSC products he has removed is unreliable ... Without a reliable basis, Dr. Margolis’s opinions may be erroneous. See Lewis, et al. v. Ethicon, Inc., 2:12-cv-4301, 2014 WL 186872, at *8 (S.D.W.Va. Jan. 15, 2014) (excluding expert’s “analyses of the mesh implants” because they were not “controlled for error or bias”). Therefore, his opinions are EXCLUDED. Sanchez, 2014 WL 4851989, at *18. I ADOPT this reasoning here. His opinions as to this matter are EXCLUDED. g. Plaintiffs’ Argument Regarding the Daubert Analysis of Dr. Margolis in Lewis The plaintiffs in this case make an additional argument regarding Dr. Margolis’s expert opinions. The plaintiffs contend that “this Court has already decided that Dr. Margolis’ methodology and qualifications are sufficient to defeat challenges under Daubert and Rule 702” in Lewis and that, therefore, his testimony should be admitted in this case. (See Pls. Resp. re: Margolis [Docket 283], at 6 (citing Lewis v. Ethicon, Inc., No. 2:12-cv-04301, 2014 WL 186872, at *15-17) (S.D.W.Va. Jan. 15, 2014)). However, Lewis was a different case involving a different plaintiff, a different defendant, and a different product. Also, in Lewis, Dr. Margolis submitted a different expert report which included expert opinions specific to the plaintiff in Lewis. As a result, I reject this argument. h. Plaintiffs’ Argument Regarding Dr. Margolis’s Experience and Kumho Tire Next, the plaintiffs in this case make an additional argument in response to BSC’s contention that Dr. Margolis failed to provide any scientific basis for some of his opinions. (BSC’s Mem. re: Margolis [Docket 288], at 2). The plaintiffs argue that Dr. Margolis’s experience alone is enough basis for his opinions. Several times, the plaintiffs quote the Supreme Court in Kumho Tire stating “an expert might draw a conclusion from ... extensive and specialized experience.” (Pis. Resp. re: Margolis [Docket 288], at 2, 9, 12, 14, 16 (citing Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 156, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999))). However, “[proposed testimony must be supported by appropriate validation — i.e., ‘good grounds’ based on what is known.” Daubert, 509 U.S. at 590, 113 S.Ct. 2786. Dr. Margolis writes that he “considered the scientific literature” in forming his opinions, (see Margolis Report [Docket 237-1], at 5), yet, as I discuss in Sanchez, he is unable to provide scientific support for some of his opinions. See Sanchez, 2014 WL 4851989, at *14-18. Even though Dr. Margolis has experience, he must still base his opinions on a reliable, scientific method. (See Daubert, 509 U.S. at 590, 113 S.Ct. 2786 (“[I]n order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method.”)). The plaintiffs’ argument is unavailing. 3.Specific Causation Opinions as to Ms. Campbell, Ms. Moore, and Ms. Tyree BSC argues that Dr. Margolis’s specific causation opinions as to Ms. Campbell, Ms. Moore, and Ms. Tyree should be excluded as unreliable. In particular, BSC makes the following arguments: (1) Dr. Margol-is’s specific causation opinions should be excluded because his general causation opinions are unreliable; (2) Dr. Margolis did not perform a proper differential diagnosis in regards to Ms. Campbell, Ms. Moore, and Ms. Tyree; (3) Dr. Margolis inconsistently applied his methodology in evaluating the plaintiffs; and (4) Dr. Mar-golis’s opinions regarding the plaintiffs’ complications are unreliable. (BSC’s Mem. re: Margolis [Docket 238], at 14-18). Ms. Moore is no longer a plaintiff in this case. Therefore, BSC’s motion as to Dr. Margolis’s opinions related to Ms. Moore is DENIED AS MOOT. As in Sanchez, I RESERVE my ruling on Dr. Margolis’s remaining specific causation opinions until trial. 4. BSC Argues that Dr. Margolis Offers Opinions Outside of His Area of Expertise BSC argues that several of Dr. Margol-is’s opinions should be excluded because they are outside his area of expertise. (See BSC Mem. re: Margolis [Docket 238], at 19). In particular, BSC challenges Dr. Margolis’s opinions as to: “biomaterials, adequate pore size, adequate weight of polypropylene, polypropylene degradation, biocompatibility of polypropylene, medical device design and development, and marketing.” (Id. (internal citations omitted)). As in Sanchez, the plaintiffs conceded that Dr. Margolis will not be offering these opinions at trial. (See Pls.’ Resp. re: Margolis [Docket 283], at 19). Therefore, this aspect of BSC’s motion is DENIED AS MOOT. 5. Impermissible Expert Opinions As To BSC’s State of Mind BSC also argues that Dr. Margolis seeks to offer testimony as to BSC’s state of mind, knowledge, and intent during product development. As I explained in Sanchez, expert testimony about a defendant company’s state of mind is impermissible. In Lewis, I excluded state of mind testimony of Dr. Margolis because “he is not qualified ... to opine on Ethicon’s state of mind or knowledge.” Lewis, 2014 WL 186872, at *15. The plaintiffs concede that Dr. Margolis will not be offering these opinions at trial. (See Pls.’ Resp. re: Margolis [Docket 283], at 19). Therefore, this aspect of BSC’s motion is DENIED AS MOOT. 6. Opinions Offered by Dr. Margolis That Were Not Disclosed in His Expert Report BSC argues that “Dr. Margolis testified to numerous opinions during his most recent depositions that he did not disclose in his Rule 26 expert report.” (BSC’s Mem. re: Margolis [Docket 238], at 20). However, BSC only points to his opinion on banding and his opinion that Ms. Campbell has chronic pelvic pain. (See id.) “Under Rule 26, expert reports must contain ‘a complete statement of all opinions the witness will express and the basis and reasons for them.’ ” Lewis, No. 2:12-cv-4301, 2014 WL 186872, at *17 (citing Fed.R.Civ.P. 26(a)(2)(B)(i)). In regards to banding, Dr. Margolis does mention banding in his case-specific report for Ms. Tyree. (See History and Physical re: Jacquelyn Tyree in Margolis Report [Docket 237-1], at App. D). Therefore, although I reserve my ruling on Dr. Margolis’s remaining specific causation opinions until trial, I FIND that his banding opinions as to Ms. Tyree should not be excluded under BSC’s Rule 26 reasoning here. However, Dr. Margolis admits that he did not include in his report his opinion that Ms. Campbell has chronic pelvic pain: Q: In Ms. Tyree’s case, you stated in your impression/plan that she had chronic pelvic pain. You make no such reference here. Does that mean that you — your opinion is that in Ms. Campbell’s case, she does not have chronic pelvic pain related to her sling? A: No. Q: Why did you not include it? A: Error on my part. Failure to include that in there. It was a typo. My mistake. (Margolis Dep. II [Docket 237-5], at 255:4-16) (objections omitted). However, according to Dr. Margolis’s report on Ms. Campbell, her vaginal exam revealed that, “Palpation of the obturator foramen bilaterally through the vaginal wall does reproduce her pain.” (See History and Physical re: Carol Campbell in Margolis Report [Docket 237-1], at App. D). Although I reserve my ruling on Dr. Margolis’s remaining specific causation opinions until trial, I FIND that his opinion that Ms. Campbell has chronic pelvic pain should not be excluded under BSC’s Rule 26 argument. Therefore, for the reasons stated above and in Sanchez, I GRANT IN PART and DENY IN PART and RESERVE IN PART BSC’s Motion to Exclude the Opinions and Testimony of Michael Thomas Margolis, M.D. See Sanchez, 2014 WL 4851989, at *10-19. C. Motion to Exclude the Opinions and Testimony of Richard W. Trepeta, M.D. In this case, the plaintiffs offer Dr. Trepeta to testify as an expert witness on the general pathology of vaginal mesh implantation (see generally Trepeta General Report [Docket 235-1]) and on the specific pathology of Plaintiff Jeanie Blankenship (see generally Trepeta Specific Report [Docket 235-2]). Among other things, Dr. Trepeta is a board-certified pathologist and a Fellow with the College of American Pathologists and the International Society for the Study of Vulvovaginal Disease. As part of his fellowship, he “establishes criteria and terminology for the diagnosis of vulvar and vaginal diseases.” (Trepeta General Report [Docket 235-1], at 2). Dr. Trepeta also examines vulvar-vaginal pathology samples through his private practice. (See id.). BSC moves to exclude Dr. Trepeta as an expert witness, raising two primary objections: (1) Dr. Trepeta is not qualified to opine on the properties of polypropylene mesh or the clinical responses to mesh implants; and (2) Dr. Trepeta’s opinions are unreliable, irrelevant, and not helpful to the jury. (See generally BSC’s Mem. in Supp. of its Mot. to Exclude Richard W. Trepeta (“BSC’s Mem. re: Trepeta”) [Docket 236]). As further explained below, I GRANT In PART and DENY IN PART BSC’s Motion to Exclude Dr. Trepeta [Docket 235]. 1. Dr. Trepeta’s Qualifications BSC begins by contending that Dr. Trepeta’s background in pathology does not qualify him under Federal Rule of Evidence 702 to render the opinions he sets forth in his expert reports on the properties of polypropylene and the human clinical response to polypropylene implants. a. Properties of Polypropylene Mesh In his general report, Dr. Trepeta opines about mesh degradation, mesh contraction, and mesh migration. He states that “[degradation occurs as either fragmentation of the mesh or oxidation [of the mesh] release[s] chemical components from the mesh into surrounding tissues,” and “[m]esh contraction and shrinkage cause the mesh to be significantly decreased in its physical size.” (Trepeta General Report [Docket 235-1], at 5). BSC asserts that Dr. Trepeta is not qualified to put forth these opinions because he is not a material scientist, biochemist, or biomedical engineer. (See Trepeta Dep. [Docket 235-3], at 100:20-101:1). Furthermore, he has no training in polymer science or biomedical engineering and has not performed mechanical or chemical testing of mesh products. (See id. at 100:2-11). In Sanchez, et al. v. Boston Scientific Corp., I assessed this argument and disagreed with BSC: In making [its] argument, however, BSC downplays Dr. Trepeta’s knowledge, training, and experience as a clinical pathologist. In general, a clinical pathologist “will be knowledgeable in the areas of chemistry, hematology, microbiology, ... serology, immunology, and other special laboratory studies.” 33 Am.Jur. Trials § 17 (1986); see also Coll, of Am. Pathologists, CAP Fact Sheet, http://www.cap.org (last visited Sept. 22, 2014) (“[Clinical pathologists] are involved in a broad range of disciplines, including surgical pathology, cytopathology, ... clinical chemistry, microbiology, immunopathology, and hematology.”). Dr. Trepeta’s thirty years’ experience as a clinical pathologist therefore demonstrates sufficient knowledge to provide expert testimony about the chemistry and surgical pathology of materials like transvaginal mesh. Moreover, Dr. Trepeta has knowledge of and experience with pelvic mesh explants in particular, having examined fifty explant samples over the past five years. (See Trepeta General Report [Docket 86-1], at 2). According to Dr. Trepeta, by examining the mesh explants under a microscope, he has witnessed the polypropylene’s chemical changes. (See Trepeta Dep. [Docket 110-3], at 217:14-19). Given Dr. Trepeta’s knowledge and experience as an anatomical and clinical pathologist, I FIND that he is qualified to testify about mesh degradation, mesh shrinkage, and mesh migration, and I therefore DENY BSC’s motion in this respect. No. 2:12-cv-05762, 2014 WL 4851989, at *20 (S.D.W.Va. Sept. 29, 2014). I ADOPT this holding here. b. The Human Clinical Response to Polypropylene Mesh Dr. Trepeta also opines that the “human body’s pathological response to implantation of polypropylene mesh as well as the inherent physical properties of the mesh cause permanent injuries resulting in distortion of the pelvic architecture, sexual dysfunction, persistent pain, scarring, and alteration of bowel and bladder function.” (Trepeta General Report [Docket 235-1], at 6). BSC contends that Dr. Trepeta is not qualified to present this opinion because Dr. Trepeta does not treat patients for these conditions and has limited familiarity with the symptoms of stress urinary incontinence and pelvic organ prolapse. (See Trepeta Dep. [Docket 235-3], at 109:21-23). In short, BSC argues that Dr. Trepeta is not a gynecologist, obstetrician, urogyneeologist, or a surgeon, and as a result, Dr. Trepeta’s opinions about the clinical response to mesh should be excluded. In Sanchez, I addressed this argument and held: Dr. Trepeta’s extensive experience and knowledge in the field of pathology qualify him to submit these opinions. Part of pathology involves reaching a diagnosis through “clinical and pathologic correlation.” [ (See Trepeta Dep. [Docket 86-3], at 11:10-14) ]. Dr. Trepe-ta frequently engages in this process by providing clinical consultations to physicians, which require him to examine clinical information (through specimens, reports, or physician findings) and reach a pathologic diagnosis about a patient. (See id.). Dr. Trepeta applied this pa-thologic process in reaching his conclusions about the human clinical responses to polypropylene vaginal mesh. He examined fifty pathology samples from mesh removals and opines that he observed injuries “consistent with the pathological process of tissue response and/or injury due to polypropylene.” (Trepeta General Report [Docket 86-1], at 2). He also compared medical literature to these observations and concluded that his pathological findings “are well described in the published literature.” (Id.). Dr. Trepeta’s understanding and application of the pathologic process qualify him to opine on the causal relationship between transvaginal mesh implantation and tissue response. Therefore, I DENY BSC’s motion on this point. 2014 WL 4851989, at *20 (footnote omitted). I ADOPT this holding here. 2. The Reliability and Relevance of Dr. Trepeta’s Opinions Next, BSC raises several objections to the reliability and relevancy of Dr. Trepe-ta’s opinion testimony. I addressed each of these objections in Sanchez and consequently rely on Sanchez to explicate my conclusions here. a. Reliability of Dr. Trepeta’s Methodoloyy in Formulatiny His Opinions BSC contends that Dr. Trepeta’s method of using pathology reports to formulate his opinions is unreliable. Dr. Trepeta used various resources to reach his expert opinion. First, Dr. Trepeta has studied over fifty mesh explant samples in his private practice. Dr. Trepeta received these samples from physicians about once a month over the past five years. (Trepe-ta Dep. [Docket 235-3], at 61:10-12). He examined these samples under a microscope, identified any abnormalities, and concluded that the samples presented injuries “consistent with the pathological process of tissue response and/or injury due to polypropylene.” (Trepeta General Report [Docket 235-1], at 2). Second, Dr. Trepeta studied the medical literature on mesh implantation and determined that his pathological findings correspond with the published research on mesh erosion and exposure in the vaginal wall. (Id. at 2-3). Third, Dr. Trepeta reviewed twenty-four pathology reports that he received from the plaintiffs’ counsel and ascertained that “the pathology reports of excised Boston Scientific Products ... are consistent” with the acute, sub-acute, and chronic categories of the disease process. (Id. at 4). As I held in Sanchez: BSC’s strongest objection to Dr. Trepeta’s methodology focuses on this third source of information. BSC argues that the twenty-four pathology reports were unreliable because: they were “hand-selected by Plaintiffs’ counsel”; Dr. Trepeta only relied on seventeen of the twenty-four reports; and Dr. Trepeta did not review the medical records of any of the probed patients. (BSC’s Mem. re: Trepeta [Docket 235], at 11-12). The plaintiffs respond that these pathology reports only supplemented Dr. Trepeta’s opinion and that the main thrust of Dr. Trepeta’s opinion comes from his review of fifty mesh explants over the past five years and from his study of medical literature. Moreover, the plaintiffs argue that BSC’s chosen expert, Dr. Badylak, agreed that review of pathology reports of vaginal tissue taken from polypropylene explants is an accepted method for reaching a pathologic conclusion on tissue response to polypropylene. (See Pis.’ Resp. in Opp. to Def.’s Mot. to Exclude Dr. Trepeta [Docket 110], at 13). The fact that each side’s pathologist accepts this practice suggests that it is accepted by the general community of pathologists. See Daubert, 509 U.S. at 594 [113 S.Ct. 2786] (“Widespread acceptance can be an important factor in ruling particular evidence admissible.... ”). But Dr. Trepeta’s review of the pathology reports still has a fatal deficiency in that it lacked standards to govern the process of selecting the sample of pathology reports to be evaluated. See id. (listing as a factor in evaluating an expert’s opinion the “existence and maintenance of standards controlling the technique’s operation”). The plaintiffs do not explain how or why they chose these twenty-four reports for Dr. Trepeta’s review, and without such an explanation, I have no way of assessing the potential rate of error or the presence of bias. See id. (stating that the “court ordinarily should consider the potential rate of error”). I confronted a similar situation in Lewis, et al. v. Ethicon, Inc. and excluded the expert opinion on hand-selected ex plant samples because “[t]here are no assurances that [plaintiffs’ counsel] did not opportunistically choose samples while ignoring others that might have weakened or disproved [the expert’s] theories.” No. 2:12-cv-4301, 2014 WL 186872, at *8 (S.D.W.Va. Jan. 15, 2014). Here, I similarly have no way to ensure that the plaintiffs’ counsel did not provide Dr. Trepeta with only those pathology reports that tended to strengthen, rather than refute, Dr. Trepeta’s opinions. Accordingly, Dr. Trepeta’s opinions derived from his review of the twenty-four pathology reports are EXCLUDED. 2014 WL 4851989, at *22. I ADOPT this holding, accepting Dr. Trepeta’s opinions as reliable apart from those opinions based on his review of the twenty-four pathology reports. b. Litigation Driven Opinions BSC also argues Dr. Trepeta’s opinions are unreliable because they are litigation-driven. Specifically, BSC asserts that Dr. Trepeta’s “familiarity with the literature on polypropylene mesh comes only from his research and reading in connection with this litigation.” (BSC’s Mem. re: Trepeta [Docket 236], at 10). As in Sanchez, I disagree. Dr. Trepeta has largely based his opinions on his professional experience with mesh pathology samples examined during his practice. (Trepeta Report [Docket 235-1], at 2). In addition, he testified that he has “looked at mesh removed from the bodies of female vaginal walls under the microscope” and has seen degradation. (Trepeta Dep. [Docket 280-3], at 216:14-19). These activities occurred outside of this litigation. Thus, I FIND that Dr. Trepeta’s opinions are not litigation-driven and DENY BSC’s motion on this point. c. Dr. Trepeta’s Specifíc Causation Opinion Dr. Trepeta also offers a specific causation opinion concerning Ms. Blankenship. Dr. Trepeta opines that Ms. Blankenship’s symptoms of pain, infection, dyspareu-nia, voiding dysfunction and resulting diagnoses, and her medical treatment for urinary complications and pelvic pain complications are all directly attributable to the implantation of polypropylene surgical mesh in the Obtryx Trans-Obturator Tape surgical kit implanted April 8, 2009.... My personal experience as a pathologist with special training and focus on pathology of the vagina, as well as my knowledge and training, also evidences the known complications directly attributable to the pathological tissue response to a polypropylene implant such as [that] implanted in Ms. Blankenship. (Trepeta Specific Report [Docket 235-2], at 4). Dr. Trepeta adds that the complications associated with the human body’s pathologic response to the implantation of polypropylene mesh were present in Ms. Blankenship’s medical records. {Id. at 5). BSC argues that Dr. Trepeta’s specific causation opinion is unreliable because: (1) his general causation opinion is unreliable; (2) he is not qualified to determine medical causation; and (3) he failed to conduct a reliable differential diagnosis. Apart from Dr. Trepeta’s review of the twenty-four pathology reports, I concluded that Dr. Trepeta’s general causation opinion was reliable. Therefore, BSC’s first argument fails. BSC’s second argument also lacks merit because, as I have explained previously, a pathologist’s job is to determine medical causation. See In re C.R. Bard, Inc., 948 F.Supp.2d 589, 621 (S.D.W.Va.2013) (“Dr. Klosterhalfen’s very job as a pathologist qualifies him to opine on [medical causation].”); see also Coll, of Am. Pathologists, CAP Fact Sheet, http:// www.cap.org (last visited Oct. 17, 2014) (“[Clinical pathologists] are physicians who use laboratory medicine and technology to identify and diagnose disease.”). While Dr. Trepeta admits that examining women to diagnose pelvic pain and dyspareunia would go beyond his expertise as a pathologist, (see Trepeta Dep. [Docket 235-4], at 17:7-13, 20:6-9), Dr. Trepeta’s opinion in this case is not based on his examination of women. Rather, he reaches his opinion by “reviewing] pathology slides and [correlating] that with the patient’s symptoms.” (Id. at 16:18-20). (See also Trepeta Dep. [Docket 280-5], at 46:18-21 (“Pathology is all about explaining clinical findings through tissue examination.”)). Indeed, Dr. Trepeta applied this procedure in diagnosing Ms. Blankenship-he “personally reviewed three slides” belonging to Ms. Blankenship and observed reactions “typical of the reaction observed to polypropylene mesh.” (Trepeta Report [Docket 235-2], at 4). In sum, as a pathologist, Dr. Trepeta is qualified to opine on medical causation based on his review of pathology slides. BSC’s final argument that Dr. Trepeta did not engage in a proper differential diagnosis presents a closer question. Dr. Trepeta admits that he did not “try to make a clinical diagnosis as to why Miss Blankenship was having pelvic pain and pain on intercourse prior to receiving her Obtryx sling.” (Trepeta Dep. [Docket 235-4], at 45:17-20). On the other hand, he explains that the foreign material present in Ms. Blankenship’s pathology slides is “consistent with the Obtryx sling” because “by process of elimination, the patient has not had any other synthetic material implanted in that site.” (Trepeta Dep. [Docket 280-5], at 85:18-20).