MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Cathy and Peter Balura are among the thousands of plaintiffs who have sued defendants Ethicon, Inc. and Johnson & Johnson (together, âDefendantsâ) for injuries caused by Defendantsâ allegedly defective pelvic mesh products. There are two issues currently before the Court. First, unopposed by Plaintiffs, Defendants have moved for partial summary judgment on thirteen causes of action listed in the complaint. See Dkt. Nos. 34 (âSJ Motionâ); 35 (âSJ Memorandumâ); 39 (âPlaintiffsâ SJ Responseâ); see also Dkt. No. 1 (âShort Form Complaintâ). And second, Defendants move to exclude the opinions and testimony of Plaintiffâs case-specific expert, Michael T. Margolis, M.D. (âDr. Margolisâ). Dkt. Nos. 37 (âMotion to Excludeâ); 38 (âMotion to Exclude Memorandumâ); see also Dkt. Nos. 40 (âOppositionâ); 41 (âReplyâ). For the following reasons, the Court dismisses the thirteen causes of action and grants in part and denies in part the Motion to Exclude. II. BACKGROUND This case is part of the massive products liability multi-district litigation (âMDLâ) against Defendants ongoing around the country. See In re Ethicon, Inc., Pelvic Repair System Products Liability Litigation, No. 12-MD-2327. The product at issue is âtransvaginal surgical meshâ used primarily âto treat pelvic organ prolapse and stress urinary incontinence.â In re Ethicon, Inc. Pelvic Repair Sys. Prod. Liab. Litig., No. 13-CV-12719, 2017 WL 6345880, at *1 (S.D.W. Va. Dec. 11, 2017). A. Facts Cathy Balura lives with her husband, Peter, in Stamford, New York.1 Dkt. No. 26 (âPlaintiff Profile Formâ). In 2009, Mrs. Balura was diagnosed with stress urinary incontinence (âSUIâ). Oppân at 4.2 To treat the SUI, on May 7, 2009, Mrs. Balura had surgery in which doctors implanted Defendantsâ Gynecare transvaginal tape (âTVTâ) in her pelvis.3 Id. This surgery took place in Oneonta, New York. Dkt. No. 37-1. Nine to twelve months after the surgery, Mrs. Baluraâs SUI returned. Dkt. No. 37-2 (âPlaintiff Fact Sheetâ) at 7. Additionally, when she resumed having a sexual relationship with Mr. Balura, she experienced âsharp painâ and Mr. Balura felt â[s]harp edgesâ of the mesh inside of Mrs. Balura. Dkt. Nos. 37-3 (âCathy Balura Deposition Excerptsâ) at 94-95; 37-4 (âPeter Balura Deposition Excerptsâ) at 20, 46. On April 19, 2013, Mrs. Balura saw Dr. Robert Lobel, complaining of vaginal bleeding, dyspareunia (pain during intercourse), and âfeeling something in the vagina.â Dkt. No. 40-1 (âOpposition Exhibitsâ) at 10-11.4 She described how the TVT had helped with her SUI for almost a year, but that now she was again having problems with incontinence. Id. She also described having difficulty emptying her bladder and that she had to change positions to do so. Id. Dr. Lobel examined Mrs. Balura and found that she suffered from eroded vaginal mesh, dyspareunia, recurrent urinary incontinence (stress and urge) and a symptomatic fibroid uterus. Id. However, relevant to the Motion to Exclude addressed below, Dr. Lobel testified in his deposition that he had not found âany excessive contraction or scarification around the meshâ during his vaginal exam of Mrs. Balura. Dkt. No. 37-7 (âLobel Deposition Excerptsâ) at 29. Dr. Lobel also testified that he had not found chronic inflammation, id. at 35, nor seen âany indication in the records of any evidence that Ms. Balura had bladder outlet obstruction,â id. at 56. To address these symptoms, Mrs. Balura had a ârevisionâ surgery on May 21, 2013 at Albany Memorial Hospital in Albany, New York. Dkt. No. 37-5. During the surgery, Dr. Lobel removed the eroded part of Defendantsâ TVT and performed a vaginal hysterectomy. Id. After the revision surgery, Mrs. Balura continued to experience incontinence and pain during intercourse. Oppân Exs. at 34. B. Relevant Procedural History In February 2012, all the cases related to the In re Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327 were transferred to the District Court for the Southern District of West Virginia (the âMDL courtâ). See In re: Am. Med. Sys., Inc., Pelvic Repair Sys. Prod. Liab. Litig., 844 F. Supp. 2d 1359, 1361 (U.S. Jud. Pan. Mult. Lit. 2012). The Honorable Joseph R. Goodwin, U.S. District Judge, continues to preside over the In re Ethicon MDL in that district. On November 16, 2012, Plaintiffs filed this lawsuit in the Southern District of West Virginia. Short Form Compl. The case proceeded through discovery, and, on May 22, 2017, Plaintiffs named their expert witnesses, including four general experts and Dr. Margolis as their case-specific expert. Oppân Exs. at 58-58. On August 8, 2017, Defendants moved for partial summary judgment. SJ Mot. However, on August 22, 2017, Plaintiffs responded that they âdid not intend to pursue any of the claims on which [Defendants] sought partial summary judgment,â and agreeing to dismiss those causes of action. Pls.â SJ Resp. at 1. During that same period, on August 15, 2017, Defendants filed their Motion to exclude Dr. Margolisâ testimony. Mot. to Exclude. Plaintiffs filed their Opposition on August 29, 2017, and Defendants filed their Reply on September 5, 2017. See Docket. On October 30, 2019, Judge Goodwin ordered this case transferred to this Court, âthe venue from which [it] arise[s],â for resolution. Dkt. No. 60 (âTransfer Orderâ). C. Dr. Margolisâ Expert Report Before turning to the applicable law, the Court summarizes Dr. Margolisâ expert report. In preparing his report, Dr. Margolis reviewed the medical records, depositions, and deposition exhibits in this case, and he relied on his âtraining, education, and experience.â Dkt. No. 37-8 (âMargolis Reportâ) at 1. Apparently, Dr. Margolis did not examine Mrs. Balura herself. See generally Id. Dr. Margolis described Mrs. Baluraâs medical history, including her initial surgery to implant the TVT and subsequent complications. Id. at 1-2. Then he stated that, â[t]o [sic] reasonable degree of medical certainty, Ms. Baluraâs pelvic injuries were caused by the defective TVT device.â Id. at 2. To reach his conclusion, Dr. Margolis described Mrs. Baluraâs symptoms, âincluding delayed erosion, dyspareunia, husband dyspareunia, recurrence of her incontinence from failure of the sling and the need for its removal, partial bladder outlet obstruction and chronic inflammation from the sling.â Id. at 3. He then used a âdifferential diagnosisâ to ârule out any other potential causes of Ms. Baluraâs pelvic injuriesâ besides Defendantsâ TVT sling.5 Id. at 2. Dr. Margolis next opined that Mrs. Balura âis at risk for future delayed erosions.â Id. at 3. He also stated that â[s]he will continue to have dyspareunia from the sling and its effects on the bodyâ and â[s]he will continue to have worsening urinary incontinence which will eventually require another operative procedure to correct.â Id. Finally, Dr. Margolis opined that â[f]uture surgeries will be far more complicated in her because of the dense scar tissue caused by the sling, and more likely than not will increase scarring, related pain and tissue damage.â Id. III. DISCUSSION The Court addresses, in turn: (A) the choice of law issues in this case; (B) Plaintiffsâ request for dismissal; and (C) Defendantsâ motion to exclude. A. Choice of Law As a preliminary matter, the Court must determine which jurisdictionâs law governs this case. It does so bearing in mind that orders previously issued by an MDL court should generally remain binding once an individual case is sent back to its home venue. See Deutsch v. Novartis Pharm. Corp., 768 F. Supp. 2d 420, 428 (E.D.N.Y. 2011) (â[In an MDL,] the law of the case doctrine âposits that when a court decides a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case.ââ) (quoting Arizona v. California, 460 U.S. 605, 618 (1983)). âThis case is based on diversity jurisdiction. Federal law thus controls procedural issues and state law controls substantive issues.â Sanchez v. Bos. Sci. Corp., No. 12-CV-5762, 2014 WL 202787, at *3 (S.D.W. Va. Jan. 17, 2014); see also Jazini v. Nissan Motor Co., 148 F.3d 181, 183 (2d Cir. 1998) (âIn diversity cases the federal courts generally apply state law in deciding substantive questions and federal law in deciding procedural ones.â). For procedural issues governed by federal law, the Court applies this circuitâs âinterpretations of federal law, not the constructions of federal law of the transferor circuit.â Charles Schwab Corp. v. Bank of Am. Corp., 883 F.3d 68, 82 (2d Cir. 2018); see also Adams v. Bos. Sci. Corp., 177 F. Supp. 3d 959, 962 (S.D.W. Va. 2016) (âWhen analyzing questions of federal law, the transferee court should apply the law of the circuit in which it is located.â). And the MDL court previously ruled that, when determining which stateâs law should govern substantive issues, courts should look to the choice of law provisions in âthe place where the plaintiff was implanted with the product.â In re Ethicon, Inc., No. 12-MD-2327, 2014 WL 346717, at *7 (S.D.W. Va. Jan. 30, 2014). Because Mrs. Baluraâs implant surgery took place in New York State, see Dkt. No. 37-1, New York choice of law rules apply. Defendants argue â and Plaintiffs do not dispute â that under New York choice of law rules, New York tort law applies to Plaintiffsâ claims. See SJ Mem. at 2 (â[T]he laws of New York apply to the claims addressed in this motion becauseâŚMs. Balura was implanted with the TVT-O in New York.â) (citing Padula v. Lilarn Props. Corp., 644 N.E.2d 1001, 1002 (N.Y. 1994)) (other citations omitted). In the absence of any objection from Plaintiffs, and because all the significant contacts lie in the state of New York, see Padula, 644 N.E.2d at 1002 (describing how New York choice of law rules require a court to decide âwhat are the significant contacts and in which jurisdiction are they locatedâ), the Court applies New York substantive law to Plaintiffsâ claims. B. Request for Dismissal Federal Rule of Civil Procedure 41(a)(1)(ii) provides that âan action may be dismissed by the plaintiff without order of courtâŚby filing a stipulation of dismissal signed by all parties who have appeared in the action.â Fed. R. Civ. P. 41. âAbsent a stipulation of dismissal by all parties, FRCP 41(a)(2) provides that âan action may be dismissed at the plaintiffâs request only by court order, on terms that the court considers proper.ââ Byng v. Campbell, No. 07-CV-471, 2009 WL 3165885, at *2 (N.D.N.Y. Sept. 28, 2009) (quoting Fed. R. Civ. P. 41(a)(2)). â[T]he presumption in this circuit is that a court should grant a dismissal pursuant to [FRCP] 41(a)(2) absent a showing that defendants will suffer substantial prejudice as a result.â Anselmo v. Woodruff, No. 19-CV-69, 2019 WL 4081643, at *1 (N.D.N.Y. Aug. 29, 2019). âThe Second Circuit has set forth factors that are relevant to a district courtâs determination of whether a defendant would be prejudiced by dismissing an action,â including: (1) plaintiffâs diligence in bringing the motion; (2) any undue vexatiousness on plaintiffâs part; (3) the extent to which the suit has progressed; (4) the duplicative expense of relitigation; and (5) the adequacy of plaintiffâs explanation for the need to dismiss. Id. (citing Zagano v. Fordham Univ., 900 F.2d 12, 14 (2d Cir. 1990)). Here, Defendants moved for summary judgment on the following causes of action listed in the Short Form Complaint: Count I â Negligence â Manufacturing Defect; Count II â Strict Liability â Manufacturing Defect; Count IV â Strict Liability â Defective Product; Count VI â Common Law Fraud; Count VII â Fraudulent Concealment; Count VIII â Constructive Fraud; Count IX â Negligent misrepresentation; Count X â Negligent Infliction of Emotional Distress; Count XI â Breach of Express Warranty; Count XII â Breach of Implied Warranty; Count XIII â Violation of Consumer Protection Laws; Count XV â Unjust Enrichment; and Count XVIII â Discovery Rule and Tolling. See SJ Mot. Rather than filing an opposition, Plaintiffsâ responded that they âagree[d]â to dismiss those claims.6 Pls.â SJ Resp. However, Plaintiffsâ response is not styled as a âstipulation of dismissalâ and is not âsigned by all parties who have appeared in the actionâ as required for voluntary dismissal under FRCP 41(a)(1). See Id. Therefore, in an abundance of caution, the Court evaluates Plaintiffsâ requested dismissal under FRCP 41(a)(2). Given that Defendants moved for summary judgment on the same claims that Plaintiffs now âagreeâ to dismiss, and that they filed no objections to Plaintiffsâ request for dismissal, see Docket, it appears that Defendants have no objection to the Court dismissing the claims, see Dkt. No. 39-1 (email correspondence between Plaintiffsâ and Defendantsâ counsel discussing âstip to dismiss claimsâ). Additionally, the Zagano factors that apply here weigh in favor of granting dismissal, as there does not appear to be any undue vexatiousness on the part of Plaintiffs, Plaintiffs filed their request well before this case was transferred from the MDL court, and Plaintiffs appear to abandon the claims in their request because the claims are not viable under New York law. See SJ Mem. Therefore, the Court grants Plaintiffsâ request and dismisses the above causes of action. See Anselmo, 2019 WL 4081643, at *2 (granting plaintiffâs request for dismissal under FRCP 41(a)(2) where defendant indicated that he had no objection to the dismissal). The following claims remain live in this case: Count I â Negligence â Failure to Warn and Design Defect; Count III â Strict Liability â Failure to Warn; Count v. â Strict Liability â Design Defect; Count XIV â Gross Negligence; Count XVI â Loss of Consortium; Count XVII â Punitive Damages. Pls.â SJ Resp. at 2. C. Motion to Exclude Expert Testimony Defendants move to exclude Dr. Margolisâ testimony on three grounds: (a) âDr. Margolisâ inadequate differential diagnosis is replete with factual errors,â which âprohibit him from forming a proper foundation for his opinionsâ; (b) Dr. Margolisâ âopinion that Ms. Baluraâs âpelvic injuriesâ were caused by the âdefectiveâ TVT device without specifying any design defect is insufficient under New York law and therefore not helpful to the finder of factâ; and (c) Dr. Margolisâ âopinions about Ms. Baluraâs alleged future complications are speculative and unreliable.â Mot. to Exclude Mem. at 1. Defendants do not challenge Dr. Margolisâ qualifications. See generally Id. The Court addresses in turn: (1) the legal standard governing a motion to exclude expert testimony; and (2) each of Defendantsâ three grounds for exclusion. 1. Legal Standard The admissibility of expert testimony is governed by Federal Rule of Evidence (âFREâ) 702 and the framework laid out in Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993) and its progeny. See Lara v. Delta Intâl Mach. Corp., 174 F. Supp. 3d 719, 727 (E.D.N.Y. 2016). FRE 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expertâs scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case. Fed. R. Evid. 702. In applying FRE 702, the district court must ensure that âan expertâs testimony both rests on a reliable foundation and is relevant to the task at hand.â Amorgianos v. Natâl R.R. Passenger Corp., 303 F.3d 256, 265 (2d Cir. 2002) (citing Daubert, 509 U.S. at 597). âThus,âŚthe district court must make several determinations before allowing expert testimony: (1) whether the witness is qualified to be an expert; (2) whether the opinion is based upon reliable data and methodology; and (3) whether the expertâs testimony on a particular issue will assist the trier of fact.â Bee v. Novartis Pharm. Corp., 18 F. Supp. 3d 268, 300 (E.D.N.Y. 2014) (citing Nimely v. City of New York, 414 F.3d 381, 396-97 (2d Cir. 2005)). Under Daubert, a court must first determine whether the expert is qualified to testify through her or his âknowledge, skill, experience, training, or education.â See Zaremba v. Gen. Motors Corp., 360 F.3d 355, 360 (2d Cir. 2004) (stating that, where the witness lacked qualifications, an analysis of the remaining Daubert factors âseems almost superfluousâ); see also Fed. R. Evid. 702. A court should look at the totality of the expertâs qualifications in making this assessment. See, e.g., Rosco, Inc. v. Mirror Lite Co., 506 F. Supp. 2d 137, 144-45 (E.D.N.Y. 2007). Finally, the court must ensure that the expert will testify on subjects that are within her or his area of expertise. See Stagl v. Delta Air Lines, Inc., 117 F.3d 76, 81 (2d Cir. 1997). As for reliability, âthe district court should consider the indicia of reliability identified in [FRE] 702, namely, (1) that the testimony is grounded on sufficient facts or data; (2) that the testimony is the product of reliable principles and methods; and (3) that the witness has applied the principles and methods reliably to the facts of the case.â United States v. Williams, 506 F.3d 151, 160 (2d Cir. 2007) (internal citation and quotation marks omitted). Additionally, Daubert âidentified a number of factors bearing on reliability that district courts may consider,â such as: (1) whether a theory or technique can be (and has been) tested; (2) whether the theory or technique has been subjected to peer review and publication; (3) a techniqueâs known or potential rate of error, and the existence and maintenance of standards controlling the techniqueâs operation; and (4) whether a particular technique or theory has gained general acceptance in the relevant scientific community. Amorgianos, 303 F.3d at 266 (internal citations and quotation marks omitted) (citing Daubert, 509 U.S. at 593-94). These criteria are illustrative, not a âdefinitiveâ checklist. See Kumho Tire Co. v. Carmichael, 526 U.S. 137, 151 (1999). Moreover, âin addition to these criteria for determining whether the methodology is reliable, [FRE] 702 also requires that there be a sufficiently reliable connection between the methodology and the expertâs conclusions for such conclusions to be admissible.â Bee, 18 F. Supp. 3d at 301 (citing Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146 (1997)). With respect to whether the expertâs testimony will assist the trier of fact, â[t]his condition goes primarily to relevance.â Daubert, 509 U.S. at 591; see also In re: Ethicon, Inc., No. 12-MD-2327, 2016 WL 4536885, at *2 (S.D.W. Va. Aug. 30, 2016) (â[S]imply, relevance turns on whether the expert testimony relates to any issues in the case.â). âThe Daubert court described this consideration as one of âfit,â requiring a âvalid scientific connectionâ between the subject matter of the expertâs testimony and the factual issues to be determined by the jury.â In re Zyprexa Prod. Liab. Litig., 489 F. Supp. 2d 230, 283 (E.D.N.Y. 2007) (quoting Daubert, 509 U.S. at 591-92). Additionally, testimony that âusurp[s] either the role of the trial judge in instructing the jury as to the applicable law or the role of the jury in applying that law to the facts before it,â United States v. Bilzerian, 926 F.2d 1285, 1294 (2d Cir. 1991), does not âaid the jury in making a decisionâ; rather, it âundertakes to tell the jury what result to reach,â and thus âattempts to substitute the expertâs judgment for the juryâs,â United States v. Duncan, 42 F.3d 97, 101 (2d Cir. 1994) (emphasis omitted). If the proffered expert testimony satisfies the above three-part test under Daubert and FRE 702, a court must finally consider whether the testimonyâs âprobative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the juryâŚâ Fed. R. Evid. 403; accord Nimely, 414 F.3d at 397. The proponent of the expert testimony bears the burden of establishing the admissibility of such testimony by a preponderance of the evidence. See Daubert, 509 U.S. at 592 n.10. âUltimately, whether expert testimony is admissible at trial is a question of law which rests squarely within the broad discretion of the trial judge.â See Lara, 174 F. Supp. 3d at 727; see also Williams, 506 F.3d at 160 (â[T]he district court is the ultimate âgatekeeper.ââ). Thus, â[t]he standard governing the admissibility of expert testimony is liberal and flexible.â Hilaire v. DeWalt Indus. Tool Co., 54 F. Supp. 3d 223, 234 (E.D.N.Y. 2014). However, despite this liberality and flexibility, the courtâs over-arching âgatekeepingâ role requires that it âmake certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the field.â Kumho, 526 U.S. at 152. Overall though, âthe rejection of expert testimony is the exception rather than the rule.â Argonaut Ins. Co. v. Samsung Heavy Indus. Co., 929 F. Supp. 2d 159, 164 (N.D.N.Y. 2013). 2. Defendantsâ three grounds for exclusion a. The Reliability of Dr. Margolisâ Differential Diagnosis Defendantsâ first object that Dr. Margolisâ âdifferential diagnosis [is so] replete with factual errorsâ that it is âunreliable.â Reply at 1. The Court disagrees. The crux of Defendantsâ argument is that âDr. Margolis ascribed a set of conditions purportedly caused by the TVT to Ms. Balura that are not documented in her medical records and have not been articulated by Ms. Balura.â Id. at 2. Specifically, they point out that Dr. Margolisâ report stated: âThis patient suffered complications from the sling includingâŚpartial bladder outlet obstruction and chronic inflammationâŚ[and] [f]uture surgeries will be far more complicated in her because of the dense scar tissue caused by the slingâŚ.â Id. (citing Margolis Report at 4. But, Defendants continue, âthere is no medical documentationâ that Mrs. Balura suffered from any of these three conditions, and in fact, Dr. Lobel testified at his deposition that he had seen no evidence of a bladder outlet obstruction, excessive scarification, or inflammation when he examined Mrs. Balura. Id. (citing Lobel Depo. Excerpts at 29, 35-35, 56). Additionally, Defendants point out that Mrs. Balura testified that she did not suffer from âgeneralized pelvic painâ or vaginal pain outside of intercourse. Id. at 3 (citing Cathy Balura Depo. Excerpts at 92-94. Finally, Defendants remind the Court that Dr. Margolis did not personally examine Mrs. Balura, and thus his attributing these symptoms to her is âbased on nothing more than speculation.â Id. at 2. It appears to the Court that Defendantsâ description of the record before the Court is correct, and Plaintiffs do not challenge that description. Oppân at 6. Dr. Margolis does appear to attribute to Mrs. Balura the above symptoms that, according to the record, she did not have. However, what Defendants fail to point out is that Dr. Margolis also ascribed to Mrs. Balura many symptoms that, according to her medical records and deposition testimony, she did have. Specifically, Dr. Margolis stated accurately that Mrs. Balura suffered from âdelayed erosion, dyspareunia, husband dyspareunia, recurrence of her incontinence from failure of the sling and the need for its removal.â Margolis Report at 4; see also Cathy Balura Depo. Excerpts at 94-95; Peter Balura Deposition Excerpts at 20, 46; Oppân Exs. at 10-11. Furthermore, through a differential diagnosis, a method that has been blessed by the MDL court and courts in this circuit,7 Dr. Margolis attributed these symptoms to Defendantsâ mesh sling. Id. at 3-4. Notably, Defendants do not challenge the reliability of Dr. Margolisâ methodology, the differential diagnosis; instead they challenge his inputs, the facts that he fed into his differential diagnosis. Reply at 3 (explaining that Defendants challenge âDr. Margolisâ[] improper use of an otherwise acceptable methodologyâ because Dr. Margolis âbased [his differential diagnosis] on inaccurate factsâ). However, it is not clear to the Court that the Dr. Margolisâ reference to some inaccurate facts in his opinion contaminates the reliability of his diagnosis as to the accurate facts. After all, not every mistake in an expertâs reasoning necessarily renders the expertâs opinion inadmissible. Amorgianos, 303 F.3d at 267. Dr. Margolisâ factual missteps here are not, in the Courtâs eyes, âlarge enough [to suggest] that [Dr. Margolis] lacks good grounds for hisâŚconclusion[]â that the symptoms he accurately identified were caused by Mrs. Baluraâs TVT implant. Id. (citing In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 746 (3d Cir. 1994)); see also Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, 508 F. Supp. 2d 295, 316-17 (D. Vt. 2007) (ruling that objections to one of several data sources supporting expertâs conclusions are insufficient to render testimony inadmissible). This is particularly true where Dr. Margolisâ principles and methodology appear sound and remain essentially unchallenged, see Amorgianos, 303 F.3d at 266 (â [T]he district court must focus on the principles and methodology employed by the expert.â), and the evidence that is found in the record supports Dr. Margolisâ diagnosis, Oppân at 6 (âDr. Margolisâ opinions on the cause of Mrs. Baluraâs experiencing mesh erosion and mesh revision surgery are certainly reliable and admissible as these injuries cannot occur absent pelvic mesh implants.â). The Court does not think that the good data upon which Dr. Margolis based his report are âsimply inadequate to support the conclusions reached,â see Amorgianos, 303 F.3d at 266, and therefore, the Court finds that Defendantsâ arguments go to the weight of Dr. Margolisâ testimony, not its admissibility. See Gonyea v. Irick Excavating, LLC, No. 08-CV-242, 2010 WL 11606974, at *3 (D. Vt. Aug. 12, 2010) (â[T]o [the]extent [a] challenging party asserts gaps or inconsistencies in [the] reasoning leading to [a] doctorâs proffered expert opinion, âsuch arguments go to the weight of the evidence, not its admissibility.ââ) (quoting Campbell ex. rel. Campbell v. Metro. Prop. and Cas. Ins. Co., 239 F.3d 179, 186 (2d Cir. 2001)). If Defendants wish to minimize the weight of Dr. Margolisâ opinion, they can bring out his inaccurate statements about Mrs. Baluraâs condition on cross-examination. See Daubert, 509 U.S. at 596 (âVigorous 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.â). Thus, the Court sees no reason to exclude Dr. Margolisâ opinion as unreliable. See Dover v. British Airways, PLC (UK), 254 F. Supp. 3d 455, 459 (E.D.N.Y. 2017) (â[T]he possibility of mistake [by an expert] need only be tolerable, not remote. Within that tolerable range, disputes over competing expert opinions are to be resolved by the trier of fact.â). b. Dr. Margolisâ Opinion that âDefectsâ in the Mesh Caused Mrs. Baluraâs Injuries The Court addresses Defendantsâ arguments separately with regard to Plaintiffsâ design defect causes of action and their other causes of action. i. Causes of Action for Design Defect Defendants next object that Dr. Margolisâ âultimate opinion that Mrs. Baluraâs alleged âpelvic injuriesâ were caused by the âdefectiveâ TVT device without identifying any design defect isâŚunhelpful to the jury.â Reply at 1; see also Reply at 3-5 (citing Margolis Report at 3 (stating, without more, that âMs. Baluraâs pelvic injuries were caused by the defective TVT deviceâ)). With respect to Plaintiffsâ design defect claims, the Court agrees with Defendants that Dr. Margolisâ opinion is inadmissible. To establish a prima facie case of design defect under New York law, âplaintiffs must establish that (1) the product as designed posed a substantial likelihood of harm; (2) it was feasible to design the product in a safer manner; and (3) the defective design was a substantial factor in causing her injury.8 Argonaut, 929 F. Supp. 2d at 171-72 (citing Voss v. Black & Decker Mfg. Co., 59 N.Y.2d 102, 108 (1983)). âAdditionally, to establish a prima facie case, the plaintiff is required to show that the defectively designed product caused his injury and that the defect was the proximate cause of the injury.â Voss, 59 N.Y.2d at 109; see also id. at 109-10 (âThe tie which proximate cause is to provide in order to impose legal liability must be between the design defect of the product and the injury.â). Causation has two components: general and specific. In re Mirena IUD Prod. Liab. Litig., 202 F. Supp. 3d 304, 310 (S.D.N.Y. 2016), affâd, 713 F. Appâx 11 (2d Cir. 2017). âGeneral causation is whether a substance is capable of causing a particular injury or condition in the general population, while specific causation is whether a substance caused a particular individualâs injury.â In re Rezulin Prod., No. 00-CV-2843, 2004 WL 2884327, at *2 (S.D.N.Y. Dec. 10, 2004) (âGeneral causation [asks whether] smoking cigarettes can cause lung cancerâŚSpecific, or individual, causation [asks whether] a specific plaintiffâs lung cancer was caused by his smoking.â). Here, Plaintiffs offer Dr. Margolisâ testimony to prove specific causation and the testimony of their other named experts to prove general causation. See Oppân Mem. at 8 (âPlaintiffs have designated four other experts, including a general causation expert and materials expert, to assist the juryâŚ.â); id. at 9 (âDr. Margolisâ opinions fulfill the requirements of admissibility of a specific causation expertâŚ.â). They argue that âDr. Margolis is one of five expert witnesses designatedâŚto prove the TVT was defective and the cause of [Mrs. Balura's] injuries.â Id. at 7. However, Dr. Margolis is Plaintiffsâ sole specific causation expert, and so it must be his testimony that âtie[s]â â the design defect of the productâ to âthe injury,â as is necessary to establish a design defect claim under New York law. Voss, 59 N.Y.2d at 110. The opinions of Plaintiffsâ remaining four experts, though necessary to prove other aspects of their case, do not speak to specific causation and are irrelevant to this particular question. And on the question of specific causation, Dr. Margolisâ report is deficient. While he concludes that âMs. Baluraâs pelvic injuries were caused by the defective TVT device,â Dr. Margolis fails to describe or explain how a defect in the TVT caused Mrs. Baluraâs injuries, as opposed to the mere presence of the TVT itself. See Gilks v. Olay Co., 30 F. Supp. 2d 438, 443 (S.D.N.Y. 1998) (âMere use of the product and subsequent injuryâŚare not a sufficient basis from which to infer causation.â). Without such an explanation, the Margolis Report does not address the specific issue â how a mesh defect caused Mrs. Baluraâs injuries, as opposed to the mere presence of the mesh â for which it has been offered as evidence and must be excluded as unhelpful. See Colon v. Abbott Labs., 397 F. Supp. 2d 405, 416 (E.D.N.Y. 2005) (âA district court is not required to admit opinion evidence which is âconnected to existing data only by the ipse dixit of the expert.â) (quoting Gen. Elec., 522 U.S. at 146; Huskey v. Ethicon, Inc., 29 F. Supp. 3d 691, 710 (S.D.W. Va. 2014) (âAn expertâs testimony must help the juryâŚâto determine a fact in issue.ââ (quoting Fed. R. Evid. 702)). Plaintiffs respond that it would be unfair to require Dr. Margolis to opine about defects in Defendantsâ mesh because the MDL court ârepeatedly held that experts may not provide opinion testimony thatâŚuses a legal term of artâŚ[such as] âdefective.ââ Oppân Mem. at 9 (citing In re: Ethicon, 2016 WL 4536885, at *4) (other citations omitted). Of course, this Court defers to previous rulings of the MDL court, see Deutsch, 768 F. Supp. 2d at 428 (âOrders issued by a federal transferee court [in an MDL] remain binding if the case is sent back to the transferor court.â), but the Court sees no obstacle to Dr. Margolis attributing Mrs. Baluraâs injuries to âfeaturesâ or âcharacteristicsâ of Defendantsâ mesh instead of particular âdefects.â In this way, Dr. Margolis could describe what attribute of Defendantsâ mesh caused Mrs. Baluraâs injuries without straying toward the proscribed language. Thus, with respect to Plaintiffsâ design defect claim, Dr. Margolisâ opinion is inadmissible. ii. Other Causes of Action Not so, however, with Plaintiffsâ other claims, such as failure to warn, loss of consortium, and punitive damages. In a failure-to-warn claim, the âdefectâ is the failure to warn itself. See Wickenden v. Saint-Gobain Performance Plastics Corp., No. 17-CV-1056, 2018 WL 3069193, at *6 (N.D.N.Y. June 21, 2018) (Kahn, J.) (âTo state a prima facie case of liability on the basis of a defendantâs failure to warn, the plaintiff must establish thatâŚthe manufacturer had a duty to warn [and] the manufacturer breached the duty to warn in a manner that rendered the product defective, i.e., reasonably certain to be dangerousâŚ.â) (internal quotation marks omitted). Thus, Dr. Margolisâ lack of specificity about the âdefectâ that caused Mrs. Baluraâs injuries is immaterial. See Margolis Report at 3-4. And Dr. Margolisâ testimony will help the jury understand the nature and extent of Mrs. Baluraâs injuries, a necessary element of her failure-to-warn claim. See Wickenden, 2018 WL 3069193, at *6 (â[A] failure to warnâŚplaintiff must establish [that she] suffered loss or damageâ). Further, Dr. Margolisâ testimony about Mrs. Baluraâs injuries might bear on Plaintiffsâ claim for punitive damages, see Romaine v. Rawson, 140 F. Supp. 2d 204, 214 (N.D.N.Y. 2001) (looking to âseverity of [p]laintiffâs injuriesâ in determining punitive damages award), and their claim for loss of consortium, see Hogan v. Cty. of Lewis, N.Y., No. 11-CV-0754, 2015 WL 1400496, at *16 (N.D.N.Y. Mar. 26, 2015) (noting that loss of consortium depends on âdemonstrat[ing] a physical injuryâ), affâd sub nom. Okudinani v. Rose, 779 F. Appâx 768 (2d Cir. 2019). Dr. Margolisâ opinion attributing Mrs. Baluraâs injuries to Defendantsâ mesh will thus be helpful to the jury as to these non-design-defect claims. As described above, the Court has already determined that Dr. Margolisâ opinion is sufficiently reliable to be admissible. Therefore, so long as Dr. Margolis is qualified to offer his opinions, Daubert will be satisfied and the Court can admit Dr. Margolisâ testimony as to Plaintiffsâ non-design-defect claims. Defendants have not challenged Dr. Margolisâ qualifications, see Reply at 3 (âEthicon d[oes] not challenge Dr. Margolisâ qualificationsâ), and even if they had, the Court would find that Dr. Margolis is qualified. âDr. Margolis is a pelvic surgeon and a urogynecologist with experience implanting and removing sling systems.â In re Ethicon, Inc., Pelvic Repair Sys. Prod. Liab. Litig., No. 12-CV-4301, 2014 WL 186872, at *15 (S.D.W. Va. Jan. 15, 2014). He is board certified in obstetrics and gynecology and in female pelvic medicine and reconstructive surgery. Oppân Exs. at 62. âHe has explanted over 200 mesh slings, including the TVT device[,] [and] has additionally observed numerous sling and mesh procedures involving TVT productsâŚ.â In re Ethicon, 2014 WL 186872, at *17. The MDL court previously ruled that Dr. Margolis was qualified to offer an opinion on general causation. Id. at *15-17. The Court similarly finds that Dr. Margolis is qualified to offer a specific causation opinion and, therefore, denies the Motion to Exclude as to Plaintiffsâ non-design-defect claims. c. Dr. Margolisâ Opinions About Mrs. Baluraâs Risk of Future Complications Defendants argue finally that Dr. Margolisâ opinion that Mrs. Balura is at risk of ongoing complications such as âfuture delayed erosions,â âdyspareunia,â and âworsening urinary incontinenceâ is unreliable. Mot. to Exclude Mem. at 8-9. Specifically, Defendants argue: Dr. MargolisâŚspeculates that Ms. Balura is âat risk for future delayed erosionsâ and âit is more likely than not that she will suffer this complication in the future.ââŚWhile he references Ms. Baluraâs history as evidence for his conjecture, Ms. Balura has not had an erosion since it was resolved by the excision procedure in 2013. Dr. Margolis also suggests that Ms. Balura will continue to have dyspareunia, have âworseningâ urinary incontinence that will require future surgeries, which will be âfar more complicatedâ and âmore likely than not will increase scarring, related pain and tissue damage.ââŚHe fails to substantiate these generalized complication probabilities with any support in either the medical record or scientific literatureâŚ. Such speculation is therefore inadmissible. Id. at 9. For their part, Plaintiffs argue that âMrs. Balura testified that she still has to use pads to treat her incontinence and she still suffers from dyspareunia[,] [t]herefore, [it] is not speculation to opine that these complications will continue in the future as they have continued from the time of her revision surgery to the present day.â Oppân at 9. And they assert: Dr. Margolisâ opinion that Mrs. Balura is at risk of future erosions is not conjecture. There is no question that Mrs. Balura has already suffered an erosion of the mesh from the TVT device. Nor is there a question that mesh remains inside Mrs. Baluraâs body. At deposition on June 22, 2017, Dr. Robert Lobelâs testimony described only a âtwo centimeterâ piece of eroded mesh having been removedâŚ. Dr. Margolis opines that âgiven [Mrs. Balura's] historyâ (one mesh erosion already) it is more likely than not that she will suffer this complication in the future. This opinion, based on testimony and records, is well within the expertise of Dr. Margolis and, therefore, admissible. Id. at 9-10. The Court is inclined to agree with Defendants. Dr. Margolis fails to explain why he believes that it is more likely than not that Mrs. Balura is âat risk for future delayed erosionsâ when Ms. Balura has apparently not had an erosion since 2013. â[W]hen an expert opinion is based on [purported] dataâŚthat are simply inadequate to support the conclusions reached,â that opinion should be excluded. Deutsch, 768 F. Supp. 2d at 426; see also In re Zyprexa Prods. Liab. Litig., No. 04-MD-1596, 2009 WL 1357236, at *2 (E.D.N.Y. May 12, 2009) (âSubjective or intuitive guesswork, as well as testimony that is insufficiently connected to the facts of the case, are grounds for rejection of a proffered expertâs testimony.â). And while it seems perfectly plausible to the Court that Mrs. Balura will continue to suffer from dyspareunia and incontinence and, and that her incontinence could even worsen as Dr. Margolis predicts, without more information about Dr. Margolisâ reasons for and methods in arriving at this conclusion, the Court cannot admit it under Daubert. See Daubert, 509 U.S. at 595 (â[T]he district court must focus on the principles and methodology employed by the expert, without regard to the conclusions the expert has reached or the district courtâs belief as to the correctness of those conclusions.â); Amorgianos, 303 F.3d at 267 (exhorting district courts to examine âthe method by which the expert draws an opinion from th[e] facts, and how the expert applies the facts and methods to the case at handâ). Therefore, the Court grants Defendantsâ motion to exclude Dr. Margolisâ opinion as to Mrs. Baluraâs future complications. IV. CONCLUSION Accordingly, it is hereby: ORDERED, that Plaintiffsâ request for dismissal (Dkt. No. 39) is GRANTED and the following causes of action are DISMISSED from this case: Count I â Negligence â Manufacturing Defect; Count II â Strict Liability â Manufacturing Defect; Count IV â Strict Liability â Defective Product; Count VI â Common Law Fraud; Count VII â Fraudulent Concealment; Count VIII â Constructive Fraud; Count IX â Negligent misrepresentation; Count X â Negligent Infliction of Emotional Distress; Count XI â Breach of Express Warranty; Count XII â Breach of Implied Warranty; Count XIII â Violation of Consumer Protection Laws; Count XV â Unjust Enrichment; and Count XVIII â Discovery Rule and Tolling; and it is further ORDERED, that the following claims may proceed: Count I â Negligence â Failure to Warn and Design Defect; Count III â Strict Liability â Failure to Warn; Count v. â Strict Liability â Design Defect; Count XIV â Gross Negligence; Count XVI â Loss of Consortium; Count XVII â Punitive Damages; and it is further ORDERED, that Defendantsâ motion for partial summary judgment (Dkt. No. 34) is DENIED as moot; and it is further ORDERED, that Defendantsâ motion to exclude the expert opinion and testimony of Dr. Michael T. Margolis (Dkt. No. 37) is GRANTED as to Dr. Margolisâ opinions on plaintiff Cathy Baluraâs likelihood of future complications, and, with respect only to Plaintiffsâ design defect claims, that âMs. Baluraâs pelvic injuries were caused by the defective TVT device.â The motion is otherwise DENIED; and it is further ORDERED, that the Clerk serve a copy of this Decision and Order on all parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: February 19, 2020 Albany, New York