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) Motion to Exclude the Testimony of Richard W. Trepeta, M.D. [Docket 86]; (2) Motion to Exclude the Testimony of Dr. Michael Thomas Margolis [Docket 88]; (3) Motion to Exclude the Testimony of Thomas H. Barker, Ph.D. [Docket 90]; (4) Motion to Exclude the Testimony of Jimmy W. Mays, Ph.D. and Samuel P. Gido, Ph.D. [Docket 92]; (5) Motion to Exclude the Opinions and Testimony of Emery Salom, M.D., FACOG [Docket 94]; (6) Motion to Exclude the Testimony of Dr. Peggy Pence, Ph.D. [Docket 96]; (7) Motion to Exclude the Testimony of Dr. Mark Slack [Docket 98]; (8) Motion for Leave to File Supplemental Brief to Its Motion to Exclude Testimony of Dr. Mark Slack [Docket 147]; (9) Motion to Exclude the Testimony of Dr. Raybon [Docket 100]; (10) Motion to Exclude the Testimony of Linda Kiley, M.D. [Docket 102]; (11) Motion to Exclude the Testimony of Vladimir Iakov-lev, M.D. [Docket 104]; (12) Motion to Exclude the Testimony of Konstantin Walmsley, M.D. [Docket 109]; and (13) Motion to Exclude the Opinions and Testimony of Jorge Pando, M.D. [Docket 155]. The following motions have been brought by the plaintiffs: (1) Motion to Exclude the Testimony of Stephen H. Spiegelberg, Ph.D. [Docket 111]; (2) Motion to Exclude the Testimony of Stephen Badylak, M.D. [Docket 113]; (3) Motion to Exclude the Testimony of Matthew F. Davies, M.D. [Docket 115]; (4) Motion to Exclude the Testimony of Christine L. Brauer, Ph.D. [Docket 117]; (5) Motion to Exclude the Testimony of Gary L. Winn, Ph.D. [Docket 119]. For the reasons explained below, the defendant’s motion with respect to Dr. Trepeta [Docket 86] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Mar-golis [Docket 88] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Barker [Docket 90] is GRANTED. The defendant’s motion with respect to Drs. Mays and Gido [Docket 92] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Salom [Docket 94] is DENIED; The defendant’s motion with respect to Dr. Pence [Docket 96] is GRANTED IN PART and DENIED IN PART. The defendant’s motions with regard to Dr. Slack [Dockets 98 and 147] are GRANTED and DENIED, respectively. The defendant’s motion with respect to Dr. Raybon [Docket 100] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with respect to Dr. Kiley [Docket 102] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with regard to Dr. Iakovlev [Docket 104] is GRANTED IN PART and DENIED IN PART. The defendant’s motion with regard to Dr. Walmsley [Docket 109] is DENIED IN PART and DENIED AS MOOT. The defendant’s motion with respect to Dr. Pando [Docket 155] is GRANTED. The plaintiffs’ motion with regard to Dr. Spiegelberg [Docket 111] is GRANTED IN PART and RESERVED IN PART. The plaintiffs’ motion with respect to Dr. Badylak [Docket 113] is GRANTED IN PART and RESERVED IN PART. The plaintiffs motion with regard to Dr. Davies [Docket 115] is DENIED. The plaintiffs’ motion with regard to Dr. Brauer [Docket 117] is GRANTED. The plaintiffs’ motion with regard to Dr. Winn [Docket 119] is GRANTED. 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 (“POP”) and stress urinary incontinence (“SUI”). 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 plaintiffs were surgically implanted with the Pinnacle Pelvic Floor Repair Kit (“the Pinnacle”), a mesh product manufactured by BSC to treat POP. (See Pretrial Order # 91 [Docket 10], at 1-2). All of the plaintiffs received their surgeries in Florida. The plaintiffs claim that as a result of implantation of the Pinnacle, they have experienced “erosion, mesh contraction, infection, fistula, inflammation, scar tissue, organ perforation, dyspareunia (pain during sexual intercourse), blood loss, neuropathic and other acute and chronic nerve damage and pain, pudendal nerve damage, pelvic floor damage, and chronic pelvic pain.” (Id. at 3 (quoting the master complaint)). The plaintiffs allege negligence, design. defect, manufacturing defect, failure to warn, breach of express warranty, breach of implied warranty, and punitive damages. (Id. at 1-2). 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. Themv-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 plaintiffs 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, 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. Richard W. Trepeta, Dr. Michael Thomas Margolis, Dr. Thomas H. Barker, Drs. Jimmy W. Mays and Samuel P. Gido, Dr. Emery Salom, Dr. Peggy Pence, Dr. Mark Slack, Dr. R. Brian Raybon, Dr. Linda Kiley, Dr. Vladimir Iakovlev, Dr. Konstan-tin Walmsley, and Dr. Jorge Pando. A. Motion to Exclude the 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 87-1]) and on the specific pathology of Plaintiffs Nunez (see generally Trepeta Report re: Nunez [Docket 87-2]; Trepeta Report re: Betancourt [Docket 87-3]). 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 87-1], at 2). Dr. Trepeta also examines vulvar-vaginal pathology samples through his private practice. (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 87]). As further explained below, I GRANT IN PART and DENY IN PART BSC’s Motion to Exclude Dr. Trepeta [Docket 86]. 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 87-1], 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 87—4], 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 101:2-11). In Sanchez, et al. v. Boston Scientific Corp., I considered 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 87-1], 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 87-4], at 109:21-23). In short, BSC argues that Dr. Trepeta is not a gynecologist, obstetrician, urogyne-cologist, 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 Methodology in Formulating 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. (See Trepeta Dep. [Docket 87-4], at 71:10-12). 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.” {See Trepeta General Report [Docket 87-1], 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. {See id. at 2-3). Third, Dr. Trepeta reviewed twentyfoxir 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-foxxr 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’n 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 explant 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 87], at 13). 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 General Report [Docket 87-1], 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 131-4], at 217:14-19). 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 Speciñc Causation Opinion Dr. Trepeta also offers a specific causation opinion concerning Ms. Nunez and Ms. Betancourt. For both plaintiffs, Dr. Trepeta opines that their symptoms of pain, discharge, infection, dyspareunia, mesh exposure, resulting diagnoses, and medical treatment for vaginal and pelvic floor complications are all directly attributable to the implantation of polypropylene surgical mesh in the Pinnacle Pelvic Floor Repair surgical mesh.... My personal experience as a pathologist, with special training and focus on pathology of the vagina, as well as my knowledge and training, has shown complications directly as effect of. tissue response to polypropylene implant.... (Trepeta Report re: Nunez [Docket 87-2], at 5; Trepeta Report re: Betancourt [Docket 87-3], at 5-6). Dr. Trepeta adds that the “inflammatory response described and documented within the medical records provided by Ms. Nunez [and Ms. Be-tancourt] are consistent with the chronic phase of mesh implantation.” (Trepeta Report re: Nunez [Docket 87-2], at 5; Trepeta Report re: Betancourt [Docket 87-3], at 5). BSC argues that the specific causation opinions are unreliable because: (1) his general causation opinion is unreliable; and (2) the methodology informing his specific causation opinions “is faulty.” (BSC’s Mem. re: Trepeta [Docket 87], at 14). 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 next argues that because Dr. Trepeta did not review the plaintiffs’ mesh specimens and instead based his conclusion on their medical records, his methodology is unreliable. Whether or not a pathologist has reviewed pathology specimens in reaching his opinion does carry weight in determining reliability, but Dr. Trepeta’s failure to examine pathology specimens is not determinative here. So long as an expert “employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field,” he does not necessarily have to perform a physical examination of the patient to offer an expert opinion. Cooper v. Smith & Nephew, Inc., 259 F.3d 194, 203 (4th Cir.2001) (quoting Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999)). Here, Dr. Trepeta testified that he often gives pathologic opinions without examining patient specimens or pathology reports. {See Trepeta Dep. [Docket 131-4], at 37:11-38:9). Thus, Dr. Trepeta’s failure to examine pathology specimens does not automatically render his specific causation opinion unreliable. I nevertheless find Dr. Trepeta’s specific causation opinions unreliable. In addition to not reviewing any of the plaintiffs’ pathology specimens, Dr. Trepeta has not conducted a differential diagnosis in reaching his conclusion that Ms. Nunez and Ms. Betancourt’s pain resulted from the Pinnacle. In attempt to support a differential diagnosis, the plaintiffs point to Dr. Trepeta’s deposition testimony about Ms. Sanchez, a plaintiff in another MDL case, wherein Dr. Trepeta discussed alternative causes of Ms. Sanchez’s pain. {See Pis.’ Resp. in Opp’n to BSC’s Mot. to Exclude the Ops. & Test, of Dr. Trepeta [Docket 131], at 19 (“Dr. Trepeta has not been deposed in these two cases. Accordingly, testimony on his methodology in the Sanchez case is instructive.”)). This testimony is unconvincing. First, in Sanchez, I excluded Dr. Trepeta’s specific causation testimony about Ms. Sanchez because the differential diagnosis was inadequate. Sanchez, 2014 WL 4851989, at *23-24. Second, to qualify as “reliable,” a differential diagnosis must be patient-specific. See Westberry v. Gislaved Gummi AB, 178 F.3d 257, 262 (4th Cir.1999) (explaining that a reliable differential diagnosis “generally is accomplished by determining the possible causes for a patient’s symptoms”) (emphasis added). Ehminating causes for Ms. Sanchez, therefore, says nothing about causation for Ms. Nunez and Ms. Betanc-ourt. Disregarding the plaintiffs’ reference to Dr. Trepeta’s testimony about Ms. Sanchez, no reliable differential diagnosis exists for the current plaintiffs. This ruling corresponds with previous Daubert rulings on pathologists. In Tyree, et al. v. Boston Scientific Corp., for example, I did not exclude Dr. Trepeta’s specific causation testimony because he had “observed the patient’s slides under a microscope, detected a foreign material, and concluded that the foreign material was polypropylene from the Obtryx sling by applying a process of elimination.” 54 F.Supp.3d 501, 532 n. 5, No. 2:12-cv-08633, 2014 WL 5320566, at *18 n. 5 (S.D.W.Va. Oct. 17, 2014). Similarly, in the present case, I have not excluded Dr. Iakovlev’s specific causation opinions. Dr. Iakovlev testified that he performed a “morphological differential diagnosis” in preparing his specific causation report for Ms. Eghnayem, which allowed him to rule out alternative causes. (Iakovlev Dep. II [Docket 105-3], at 153). Dr. Trepeta, without reviewing the pathology specimens or performing a differential diagnosis, cannot support his specific causation opinions with a scientific basis. Accordingly, his specific causation opinions on Ms. Nunez and Ms. Betancourt are EXCLUDED. In conclusion, Dr. Trepeta’s general causation opinions satisfy Daubert, apart from his opinions based on the pathologic reports selected by the plaintiffs’ counsel for his review, which are EXCLUDED. Dr. Trepeta’s specific causation opinions are also EXCLUDED. Thus, BSC’s Motion to Exclude the Opinions and Testimony of Dr. Trepeta is GRANTED PART and DENIED IN PART [Docket 86], 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. 0See 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 89], at 1-2). 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. at 2). 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. Mar-golis’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 I GRANT IN PART and DENY IN PART BSC’s motion. I will address additional arguments raised by the parties in this case below. 1. Failure 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 Prods. 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., No. 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. Opinions Regarding General Complication Rates in Women with Polypropylene Mesh In particular, BSC 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. Mar-golis’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. Failure 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 Polypropylene Mesh in POP BSC challenges the reliability of Dr. Margolis’s opinions concerning a lack of sound scientific evidence supporting the use of polypropylene mesh in treating POP. (See BSC’s Mem. re: Margolis [Docket 89], at 9-10; Margolis Report [Docket 89-1], at 17). In support, BSC points to Dr. Margolis’s deposition testimony where he contradicts these opinions. For example, BSC cites to his testimony where he admits that there, in fact, are studies supporting the use of polypropylene in POP: Q: Would you agree that there is data supporting the use, and scientific literature supporting the use, of polypropylene to treat pelvic organ prolapse through a vaginal approach? A: There is. (Margolis Dep. [Docket 89-2], at 227:18-22). As I found in Sanchez in regards to Dr. Margolis’s similar opinions concerning studies supporting the use of polypropylene mesh in treating SUI: 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) (“[E]valuating 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 Infection Rate of Polypropylene Mesh is Up to 100% BSC next challenges Dr. Margolis’s opinion that the infection rate of polypropylene mesh is up to 100%. (See BSC’s Mem. re: Margolis [Docket 89], at 10). 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. c.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. d. 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 held that neither Daubert or Rule 702 require the exclusion of Dr. Margolis’s testimony” in Lewis and that, therefore, his testimony should be admitted in this case. (See Pis.’ Resp. in Opp’n to BSC’s Mot. to Exclude the Test, of Dr. Margolis (“Pis.’ Resp. re: Margolis”) [Docket 132], at 2 (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 Lems. As a result, I reject this argument. e. 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 132], at 2). The plaintiffs argue that Dr. Margolis’s experience alone is enough basis for his opinions and quote the Supreme Court in Kumho Tire stating “an expert might draw a conclusion from ... extensive and specialized experience.” (Pis. Resp. re: Margolis [Docket 132], at 2, 10 (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—ie., ‘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 89-1], 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. Offering Opinions Outside 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 89], at 12). 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 Pis.’ Resp. re: Mar-golis [Docket 132], at 13). Therefore, this aspect of BSC’s motion is DENIED AS MOOT. 4. 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 Pis.’ Resp. re: Mar-golis [Docket 132], at 13). Therefore, this aspect of BSC’s motion is DENIED AS MOOT. Therefore, I GRANT IN PART and DENY IN PART BSC’s motion regarding Dr. Margolis [Docket 88]. C. Motion to Exclude the Testimony of Thomas H. Barker, Ph.D. BSC moves to exclude the opinions and testimony of Thomas H. Barker, Ph.D. Dr. Barker is a biomedical engineer who seeks to opine as to the behavior of polypropylene mesh inside of the human body. (See Barker Report [Docket 91-1], at 1, 4-5). He bases his opinions on mechanical stress tests that he conducted on the Obtryx Transobturator Mid-Urethral Sling System (“the Obtryx”) and Pinnacle products, his experience, scientific literature, and internal documents. (See id. at 3). BSC argues that Dr. Barker’s opinions are unreliable and irrelevant. In particular, BSC argues that Dr. Barker’s testing methodology was flawed, that his opinions are litigation driven, that he is unqualified to opine as to polypropylene and product design, and that Dr. Barker seeks to offer impermissible state of mind testimony. I have previously reviewed the opinion testimony of Dr. Barker under Daubert. See Sanchez, et al. v. Boston Scientific Corp., No. 2:12-cv-05762, 2014 WL 4851989, at *5-10 (S.D.W.Va. Sept. 29, 2014). The parties in this case assert arguments on the admissibility of Dr. Barker’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. Barker as follows and thereby GRANT BSC’s motion. I will address additional arguments raised by the parties in this case below. 1. Qualifications BSC challenges Dr. Barker’s qualifications. In Sanchez, I found Dr. Barker qualified to opine as to the properties of polypropylene, and I ADOPT the same reasoning here: Dr. Barker holds a Ph.D. in biomedical engineering and is currently on the faculty of a joint department within the Georgia Institute of Technology and Emory University School of Medicine. He states in his expert report that his research focuses on the effects of mechanical forces and tissue/material mechanical properties (e.g. stiffness) on the host response. I am trained and have extensive expertise in the evaluation of biomaterial mechanical properties, biomaterial/im-plant design, the foreign body host response, and human tissues under repair and fibrosis, including analyses of cell/molecular biological outcomes. ([Barker Report [Docket 71-1],] at 2). He conducted postdoctoral research focusing on “exploring the mechanisms of biomaterial associated fibrosis (e.g. the foreign body response).” (Id.). Additionally, Dr. Barker has. authored several book chapters and peer-reviewed articles on biomaterials and biomedical engineering. (See id.). Sanchez, 2014 WL 4851989, at *5-6. As I note in Sanchez, even though Dr. Barker is qualified, I must still determine that his method is reliable. Id. at *6. 2. Admissibility of Opinions Based on Dr. Barker’s Mechanical Testing BSC argues that Dr. Barker’s opinions based on his mechanical testing are unreliable and irrelevant. In particular, BSC argues that Dr. Barker’s testing is flawed because it “1) does not replicate the published protocol he claims to have followed; 2) fails to utilize a sufficient sample size; 3) fails to meet the standards required for publication in a peer-reviewed journal; and 4) does not replicate the physiological environment or forces experienced in the female pelvic floor.” (Def. BSC’s Mem. of Law in Supp. of Its Mot. to Exclude the Ops. and Test, of Thomas H. Barker, PhD. (“BSC’s Mem. re: Barker”) [Docket 91], at 5). In Sanchez, BSC raised the same arguments. a. Dr. Barker Failed to Follow Published Protocols BSC argues that Dr. Barker’s failure to soak the pieces of mesh in a saline bath, contrary to published protocols, is unreliable. The Shepherd and Moalli protocols call for the use of a saline bath as part of testing to help better replicate the physiological environment of the human body. In Sanchez, I found that this deviation from protocols without a scientific basis rendered his method flawed: His only reasoning was that Georgia Tech denied him permission to submerge its equipment in saline, a “potentially corrosive” solution. (Id. at 197:20-198:21). The difference in the results obtained by Dr. Barker and by Drs. Shepherd and Moalli further demonstrate the unreliability of his method. Dr. Barker’s tests revealed two to four times more relative elongation of the mesh than Drs. Shepherd and Moalli’s tests. (See Shepherd, supra, at 617; Moalli, supra, at 662; Barker Report [Docket 71-1], at 21). Sanchez, 2014 WL 4851989, at *7. Moreover, I found that the use of a saline bath to replicate the human body was particularly important because Dr. Barker seeks to opine as to the in vivo effects of mesh. See id. For the reasons stated above and in Sanchez, I find Dr. Barker’s methodology to be unreliable. b. Dr. Barker Failed to Use a Sufficient Sample Size BSC next argues that Dr. Barker failed to use a sufficient sample size when he tested one piece of Obtryx mesh and 2 pieces of Pinnacle mesh. In Sanchez, I agreed with this argument, especially since Dr. Barker admitted that a statistical test cannot be performed on a sample size of one: Dr. Barker admits that having a sample size of one is “insufficient to perform statistical analysis.” (Dr. Barker Dep. [Docket 71-4], at 233:17-234:5). As a result, it is difficult to predict whether his results were merely chance occurrences. Dr. Barker explains that he wanted additional materials and he would have conducted additional testing if they had been provided: Q: In fact, a lot of the results that Dr. Moalli has published that are different than your results, don’t you think you need to test another piece of Obtryx mesh to confirm or not confirm the results that you got based on your N equals 1? A: I would have liked to have been provided with materials, additional materials to do additional testing. (Id. at 233:3-12) (objections omitted). Dr. Barker similarly testified about his sample size of two for the Pinnacle: Q: Now, with regard to the Pinnacle device, you had N equals 2, right? A: That’s correct. Q: Okay. Did you do anything to determine the statistical confidence levels with regard to the testing that you performed on the two pieces of Pinnacle mesh? A: You cannot likewise perform a statistical test on an 'N of 2. A minimum is a minimum of 3. (Id. at 236:11-20). Dr. Barker’s testing of merely one or two samples lacks reliability. Sanchez, 2014 WL 4851989, at *7-8. Dr. Barker’s sample size was a flaw in his method. c. Dr. Barker’s Testing Failed to Meet Peer Reviewed Standards BSC argues that Dr. Barker’s testing was flawed because it was. not up to peer-reviewed standards. In Sanchez, I noted that Dr. Barker admits to this in his deposition testimony: Q: Would you agree with me that your testing that you performed on the Obtryx with an N of 1 wouldn’t meet standards to be published in a peer-reviewed journal? A: I .would. Q: And would you agree with me that your testing that you did on Pinnacle with an N of 2 wouldn’t meet the . standards to be published in a peer reviewed journal? A: I would agree. Id. at *8 (citing Barker Dep. in Sanchez [Docket 71-4], at 301:20-302:5). I ADOPT this same reasoning here and find that this factor weighs against finding Dr. Barker’s method reliable. d. Dr. Barker’s Testing Did Not Replicate In Vivo Conditions BSC argues that Dr. Barker’s method is flawed because it failed to replicate the physiological multi-directional forces in the female pelvic floor. In Sanchez, I agreed that Dr. Barker’s uniaxial testing was unreliable to base opinions on the behavior of the mesh in vivo: [B]ecause Dr. Barker’s method did not account for the multi-directional forces inside of the female pelvis, his opinions about the effect of the mesh once implanted in vivo are unreliable and do not survive Daubert scrutiny. Even Drs. Shepherd and Moalli note that their studies do not conclusively reveal the mesh’s behavior in the human body. (See Shepherd, supra, at 619 (stating that “this experimental setup allows us to draw only preliminary conclusions about the various meshes”); Moalli, supra, at 668 (noting that “the behavior of these slings in vivo and after incorporation into host tissue may be inferred, but is not directly apparent from these studies”)). Sanchez, 2014 WL 4851989, at *9. I ADOPT this reasoning from Sanchez here, and based on the above four arguments I FIND Dr. Barker’s method to be unreliable. e. Plaintiffs Argue that Dr. Barker’s Method Was Generallg Accepted In this case, the plaintiffs raise an additional argument as to the reliability of Dr. Barker’s method. The plaintiffs contend that Dr. Barker’s testing was generally accepted within the scientific community. (Pis.’ Resp. in Opp’n to BSC’s Mot. to Exclude the Opinions & Testimony of Thomas H. Barker, Ph.D. (“Pis.’ Resp. re: Barker”) [Docket 130], at 11-12). In support, the plaintiffs point to Dr. Barker’s deposition testimony, where he explains that his general method of testing material—reading relevant scientific literature, developing. a testing protocol, and then conducting “cyclic tensile testing and stress deformation analyses” in accordance with the developed testing protocol—is generally accepted within his field. (Barker Dep. [Docket 130-4], at 324:7-327:16). The plaintiffs argue that general acceptance “definitively forecloses a Daubert challenge.” (Pis.’ Resp. re: Barker [Docket 130], at 12). The trial judge must “ensur[e] that an expert’s testimony ... rests on a reliable foundation” and has “flexibility]” in making this assessment. Daubert, 509 U.S. at 594, 597, 113 S.Ct. 2786. Even if cyclic tensile testing and stress deformation analyses are generally accepted in the bioengineering field, the plaintiffs’ argument does not cure the fatal deficiency in ' Dr. Barker’s method-that he failed to take measures to replicate the human body when forming and providing opinions as to the mesh’s behavior in vivo. For the reasons stated above and in Sanchez, I find Dr. Barker’s methodology to be unreliable. See Sanchez, 2014 WL 4851989, at *5-10. Therefore, as I concluded in Sanchez, Dr. Barker’s method was unreliable and his opinions based on this method are EXCLUDED. 3. Opinion Regarding the Mechanical Mismatch Between the Mesh and the Human Body BSC challenges Dr. Barker’s opinion regarding a mechanical mismatch between the mesh and the human body and the adverse in vivo effects resulting from that mismatch. BSC argues that it is unreliable. In Sanchez, I agreed because Dr. Barker based his calculation as to the mesh on his unreliable testing: [H]e based his elastic modulus calculations of the Pinnacle mesh on his methodologically flawed and unreliable testing .... Furthermore, as explained above, Dr. Barker’s testing does not replicate the forces and environment of the human body and, therefore, his opinions regarding the mesh’s effects in vivo are unreliable. Id. at *9. I ADOPT this reasoning here and find that Dr. Barker’s opinions based on the mechanical mismatch are 'unreliable and, thus, EXCLUDED. 4.BSC Argues that Dr. Barker’s Opinions are Litigation Driven BSC states that “Dr. Barker’s opinions are unreliable because they are litigation driven[.]” (BSC’s Mem. re: Barker [Docket 91], at 2). BSC raised this same argument in Sanchez, and, thus, I ADOPT my reasoning: [Otherwise reliable expert testimony will be admitted even if litigation driven. Because I find Dr. Barker’s opinions to be otherwise unreliable and inadmissible, I need not address this argument. Sanchez, 2014 WL 4851989, at *9. 5.Relevancy of Dr. Barker’s Opinions Based on His Testing of the Obtryx Dr. Barker tested both the Pinnacle and Obtryx products. The Pinnacle is the product at issue in this case, but the Ob-tryx device is not at issue in this case. Because I find his opinions to be unreliable, I need not address the relevancy of Dr. Barker’s opinions based on his testing of the Obtryx device. See Daubert, 509 U.S. at 594-95, 113 S.Ct. 2786 (noting reliability and relevancy requirement for expert testimony). 6.Plaintiffs’ Relevancy Argument Regarding Lewis v. Ethicon, Inc. In this case, the plaintiffs raise an additional argument as to the relevancy of Dr. Barker’s testimony. The plaintiffs argue that “[t]he crux of Dr. Barker’s opinions, and hence his role in this case, is to provide expert evidence of the precise design engineering failure in BSC’s meshes.” (Pis/ Resp. re: Barker [Docket 130], at 16). As a result, the plaintiffs contend that “Dr. Barker’s opinions provide the precise evidence that the plaintiff in Lewis v. Ethicon, Inc. lacked and warranted a directed verdictf,]” and that, therefore, his testimony is helpful to a jury. (Id. (citing Lewis trial transcript)). As I explained in Sanchez, I find Dr. Barker’s method to be unreliable, and I exclude his opinions on this basis. As a result, I do not need to address the relevancy of Dr. Barker’s testimony. See Daubert, 509 U.S. at 594-95, 113 S.Ct. 2786 (noting requirement that expert testimony be both reliable and relevant). However, I note that the portions of the Lewis trial transcript in which the plaintiffs cite in support of their argument refer to specific ca