Expert Evidence Report Index-Summary

MAINE

– Child sex abuse, palm crease expert properly linked hand in photo of child abuser and criminal defendant's hand (Me.), 85

MALPRACTICE

– Legal

See LEGAL MALPRACTICE

– Medical

See MEDICAL MALPRACTICE

MARITIME INDUSTRY

– Asbestos, seaman's exposure

– – Testimony based on assumption of exposure on particular ship insufficient to uphold verdict (N.D. Ohio), 211
– – Third-party products, state law does not require warning of hazards (Cal. Ct. App.), 127

– Rust inhibitors and diesel exhaust, bladder cancer, expert opinion on cause of sailor's injuries unreliable (5th Cir.), 259
– Tugboats

– – Lifting injury, NIOSH ergonomic lifting guidelines not admissible (W.D. Ky.), 343
– – Rescue operations, officer claim of inadequate training, expert fails to establish but-for causation (2nd Cir.), 290

– Waste water discharge violations, reasoning to best inference analysis inadmissible (3d Cir.), 287

MARYLAND

– Drug trafficking, anticipatory rehabilitation of expert prejudiced defendant (Md.), 231
– Drunk driving, horizontal gaze nystagmus test, state trooper not qualified as expert (Md.), 286
– Qualifications, medical malpractice, 20 percent limit on time spent as expert strictly applied (Md.), 543
– Vaccines, thimerosal-caused autism, epidemiologist's novel proof fails Frye-Reed generally accepted admissibility test (Md.), 307
– Videotape made by unidentified technician fails to satisfy authentication rule (Md.), 8
– Wrongful birth, limits on post-majority expenses denied (D. Md.), 554

MASSACHUSETTS

– Ballistics, certification of gun operability inadmissible absent right to confront maker (Mass. App. Ct.), 549
– Fees, withholding from psychologist to give effect to earlier sanction in unrelated case improper (Mass.), 526
– Neurontin, suicide risk, general causation theory supported by FDA study deemed reliable (D. Mass.), 260; testimony use as common proof of causation faulted, 292
– Physician letters not in affidavit form not admissible as expert opinions (Mass. App. Ct.), 233
– Plumber pipe thawing as cause of house fire, firefighter's opinion on probability grounded in facts improperly excluded (Mass. App. Ct.), 369

MEDICAL CAUSATION

– Benzene

– – Epidemiological studies cited by expert need not show conclusive causation link (Neb.), 149
– – Leukemia, expert proof failed to establish exposure contributed to (Tex. App.), 100
– – Negligent closure of landfill, expert proof fails to show exposure caused leukemia (Tex.), 253

– Catheterization procedure or stent, expert proof failed to link as cause of plaintiff's injuries under Del. law (E.D. Pa.), 97
– Chemical fume inhalation, testimony based on medical history provided by plaintiffs warrants dismissal (La. Ct. App.), 59
– Chiropractor not qualified to testify on causation in malpractice case (Tex. App.), 53
– Course of treatment, expert testimony may not challenge (Ind. Ct. App.), 160
– Dental malpractice, proof exceeding scope of deposition proper where opposing party on notice of possible use (Cal. Ct. App.), 92
– Differential diagnoses

– – Gas release as cause of injury, diagnosis properly performed (D.N.D.), 60
– – Hormone replacement therapy caused breast cancer, failure to determine causation on individual and lack of generally accepted differential diagnosis fails Frye test (Minn. Ct. App.), 390
– – New standards announced (6th Cir.), 225
– – Premarin and Prempro hormone therapy, theory allowed in breast cancer claim (8th Cir.), 547
– – Seroquel, diabetes, failure to rule out other causes dooms testimony (Del. Super. Ct.), 309

– DPT vaccine as cause of seizures, treating physician testimony sufficient to establish logical sequence of cause and effect (Ct. App. Fed. Cir.), 339
– Hydrogen sulfide exposure, allergist testimony excluded (7th Cir.), 236
– Hysterectomy, obstetrician qualified to testify infection caused death (Tenn. Ct. App.), 212
– Inaccurate medicine dosing cup, expert testimony of 20 to 30 percent inaccuracy not cause of 100 percent overdose (Ind.), 479
– Jury finding of no breach of standard of care, exclusion of expert testimony harmless error (Conn.), 235
– Laser hair removal, expert report not required for negligence claim (Tex.. App.), 185
– Mold and respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34
– Neurontin, suicide risk, general theory supported by FDA study deemed reliable (D. Mass.), 260; testimony use as common proof faulted, 292
– Nurse may qualify as expert (Pa.), 335
– Nursing home negligence, proof based on photos and records not speculative (Mo.), 56
– Pain pump, shoulder deterioration

– – Depositions, product liability expert deposed in similar pending suit in different district required to submit (D. Colo.), 386
– – Studies not based on controlled, randomized epidemiological studies deemed unreliable (S.D. Fla.), 340

– Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165
– Pharmaceuticals

See PHARMACEUTICALS

– Stent implant procedure

– – Flawed causation proof leads to dismissal (E.D. Pa.), 61
– – Standard of care, failure to link to injury results in summary judgment (E.D. Pa.), 161

– Tasers, proof that weapon caused injury did not meet Daubert standards (11th Cir.), 5
– Timeliness, expert report filed 3 months after deadline excluded (9th Cir.), 187; (U.S. rev sought), 367
– Train ride induced thrombosis, expert relying on Google search and CNN.com to support opinion lacks expertise (9th Cir.), 158
– Treating physician not required to be designated as expert (N.C. Ct. App.), 234
– Tylenol, expert disavowing adequacy of label rejected in light of overdose (Pa. Super. Ct.), 242

MEDICAL DEVICES

– Birth-relate neurological disorders, intrauterine hypoxia-ischemia, pre-birth period as time injury probably occurred deemed speculative (Mich. Ct. App.), 312
– Ghostwriting articles in medical journals, Grassley (R-Iowa) requests publications to disclose policies and practices, 373
– Hernia patches, discovery of FDA report on inspection of maker's facility and internal reports barred (R.I. Super. Ct.), 282
– Hip implants, lack of causation evidence results in summary judgment (5th Cir.), 214
– Hospital bed defect claim deemed product liability action not requiring expert report (Tex.), 443
– Knee implants

– – Expert reports, radiologist unable to demonstrate knowledge of surgery not qualified (Tex. App.), 453
– – Methodological flaws in plaintiff's causation testimony result in summary judgment for maker (C.D. Ill.), 51

– Pain pumps, shoulder deterioration

– Power wheelchair design defect, defense testimony lacking evidence of manufacturing process, inspection or testing insufficient for summary judgment (N.D.N.Y.), 498
– Stent implants

– – Flawed proof leads to dismissal (E.D. Pa.), 61
– – Standard of care, failure to link to injury results in summary judgment (E.D. Pa.), 161

– Vena cava filter implant dislodged during MRI, lack of expert report dooms claim (E.D. Ky.), 229

MEDICAL EXPERTS

– Causation

See MEDICAL CAUSATION

– Malpractice

See MEDICAL MALPRACTICE

– Reports

See EXPERT REPORTS

MEDICAL MALPRACTICE

– Affidavit sufficiency

See AFFIDAVITS

– Alcohol abuse, saline replacement treatment, action dismissed for lack of evidence supporting expert opinion (Idaho), 372
– Arizona law setting expert witness standards not violation of separation of powers (Ariz.), 163
– Biofeedback machine, expert testimony not required to prove use of ineffective device (Wash.), 315
– Blood tests, duty of physician to order, trial judge improperly entered judgment notwithstanding verdict when testimony was adequate to support award (Ill. App. Ct.), 99
– Brain surgery, testimony based on hypothetical insufficient (Ind. Ct. App.), 456
– Cardiac surgery morbidity and mortality evidence barred (E.D. Pa.), 281
– Catheterization procedure or stent, expert proof failed to link as cause of plaintiff's injuries under Del. law (E.D. Pa.), 97
– Cervical epidural steroid injection as cause of paralysis, res ipsa loquitur may not be relied on (Ala.), 291
– Child's missing kidney, expert proof not needed to infer negligence (Cal. Ct. App.), 100
– Damages, state compensatory fund may introduce expert testimony on preexisting risk of harm if relevant to establish amount (Ind.), 157
– Deadline extensions

– – Excusable neglect standard not applicable to untimely motions (Wis. Ct. App.), 184
– – Lumbar epidural procedure, court may grant time for conclusory expert report to be revised (Tex.), 7

– Delayed treatment, lack of lost chance of survival proof results in dismissal (Del.), 507
– Dental malpractice

– – Causation proof exceeding scope of deposition proper where opposing party was on notice of possible use (Cal. Ct. App.), 92
– – Removal of wrong tooth, reasonable medical probability meets threshold (Tex. App.), 421

– Discovery

– – Cardiac surgery morbidity and mortality evidence barred (E.D. Pa.), 281
– – Peer review committee documents privileged (N.C. Ct. App.), 364
– – Sanctions, change in theory after discovery, testimony excluded (1st Cir.), 306

– Drug overdose, neuropharmacologist lacks medical expertise in wrongful death claim (Tenn. Ct. App.), 548
– Emergency medical state report rule does not applicable to cases removed to federal court (S.D. Tex.), 11
– Experience and practice of medical expert admissible (Ga.), 331
– Expert certificate of merit requirement unconstitutional (Wash.), 498
– Expert reports

See EXPERT REPORTS

– Hysterectomy, obstetrician qualified to testify infection caused death (Tenn. Ct. App.), 212
– Jury finding of no breach of standard of care, exclusion of expert causation testimony harmless error (Conn.), 235
– Jury instructions

– – Negligence suits, expert testimony requirement proper (Cal. Ct. App.), 395
– – Rocky Mt. Spotted Fever, standard of care instructions misstated law (Ga.), 361

– Medical literature, anticoagulant caused brain injury, qualified expert allowed to rely on (Ind. Ct. App.), 550
– Negligence suits

– – Expert not required, layman with experience sufficient (Okla. Ct. App.), 67
– – Expert testimony requirement proper (Cal. Ct. App.), 67

– Nurse's unfamiliarity with locality bars testimony over fall from wheelchair (Tenn. Ct. App.), 35
– Oklahoma requires written report, 297
– Ordered exam establishes physician-patient relationship requiring expert proof of negligence claim (Tenn. Ct. App.), 364
– Patient admissions, physician allowed to testify on standard of care when patient requests specific doctor (Tex. App.), 447
– Pharmacist may testify on standard of care for prescribing controlled substance (8th Cir.), 394
– Physician knowledge and skills sufficient basis for testimony (Ind. App.), 344
– Qualifications of expert

– – Anesthesiologist, experience, education, and training sufficient to allow opinion on positioning and padding of patient during surgery (Tex. App.), 545
– – Chiropractor may not testify on causation (Tex. App.), 53
– – Frequency of testimony, 20 percent limit on time spent as expert strictly applied (Md.), 543
– – Locality rule, large metropolitan practice physician may testify on standards in small community (Tenn. Ct. App.), 524
– – Physician from Mo. excluded for not demonstrating familiarity with Tenn. (Tenn. Ct. App.), 93
– – Physician in drug case failed to demonstrate expertise on causation (Tex. App.), 112
– – Substitute doctor may testify in obstetrics case (Tex. App.), 26

– Res ipsa loquitur jury instruction, testimony on common knowledge rejected for lack of foundation (N.J), 383
– Retired physician standard of care testimony properly admitted (Kan.), 305
– Stent implant procedure

– – Catheterization procedure or stent, expert proof failed to link as cause of plaintiff's injuries under Del. law (E.D. Pa.), 97
– – Flawed causation proof leads to dismissal (E.D. Pa.), 61
– – Standard of care, failure to link to injury results in summary judgment (E.D. Pa.), 161

– Suicide, wrongful death claim against psychiatric facility not malpractice requiring expert proof (Wis. Ct. App.), 283
– Supplemental testimony modifying prior testimony properly rejected (Utah), 519
– Tenn. Medical Ass'n asked by judge to recommend experts (Tenn. Cir. Ct.), 529
– Tex. standard of care law only addresses standard of proof (Tex. App.), 152
– Treating physician need not be qualified as expert (N.C. Ct. App.), 469

MEDICAL RECORDS

– Disclosure

– – Emotional distress, claim rejected for failure to provide expert proof (Iowa), 279
– – Mental health records to court-approved expert not waiver of rights (Pa. Super. Ct.), 181

MEDICINE

See PHARMACEUTICALS

MENTAL BEHAVIOR

– Emergency Medical Treatment and Active Labor Act, psychiatrist expert testimony on failure to stabilize mental condition before discharge sufficient to set aside summary judgment (6th Cir.), 238
– Psychiatrist owes no duty to relatives of individuals killed by patient (Cal. Ct. App.), 240

METHODOLOGY

See also DAUBERT GUIDELINES AND ANALYSIS
– Antitrust

– – Damages, calculations on lost sales and price differential excluded (W.D. Okla.), 33
– – Pineapple market, DOJ and FCC Horizontal Merger Guidelines, testimony failing to comply with guides and cherry picking of details rejected (S.D.N.Y.), 210
– – Price fixing, methodology sufficiently reliable to allow consideration by jury (S.D. W. Va.), 213

– Asbestos automobile brakes, experts not required to disprove defendant's hypotheses to carry burden of reliability and relevance (Del. Super. Ct.), 33
– Case management, use and limitations of Lone Pine orders, Analysis & Perspective, 101
– Causation

See CAUSATION

– Golf course, PCB contamination, failure to consider other possible sources renders opinion unreliable (D. Conn.), 368
– Hydrologist's testimony on third-party tests showing ground water contamination excluded as speculative (4th Cir.), 31
– Medical causation

See MEDICAL CAUSATION

– Organic chlorinated solvent exposure caused brain dysfunction, testimony based on inconsistent methodology deemed unreliable (W. Va. Ct.), 336
– Pain pump caused shoulder deterioration, studies not based on controlled, randomized epidemiological studies deemed unreliable (S.D. Fla.), 340
– Product liability, press brake safety guard testimony deemed and reliable helpful to jury (W.D. Pa.), 62
– Sex offender with sleep disorder, s self-reported medical history improperly excluded (Tenn.), 56
– Statistical proof

See STATISTICAL PROOF

– Surgical shoulder chair, expert testimony following brief exam, failure to test, and failure to consult industry representatives unreliable (Mich. Ct. App.), 502
– Teflon exposure, population assumptions unacceptable, class certification (D.N.J.), 35
– Testing

See TESTING

– Vaccines, thimerosal-caused autism, epidemiologist's novel proof fails Frye-Reed generally accepted admissibility test (Md.), 307
– Wage policies, reliance on averages fails to prove common impact, class certification denied (N.D. Ill.), 503
– Waste water discharge violations, reasoning to best inference analysis inadmissible (3d Cir.), 287
– Zyprexa, expert repeatedly stretching the truth disqualified (E.D.N.Y.), 262

MICHIGAN

– Design defects, surgical shoulder chair, expert testimony following brief exam, failure to test, and failure to consult industry representatives unreliable (Mich. Ct. App.), 502
– Disability discrimination, reasonable accommodation, expert proof in conflict with plaintiff's testimony rejected (W.D. Mich.), 507
– Medical malpractice, intrauterine hypoxia-ischemia, pre-birth timing as window injury probably occurred deemed speculative (Mich. Ct. App.), 312
– Motor vehicle design defects, air bag deployment, affidavit citing alternative designs ad feasible and not providing risk-utility analysis insufficient (E.D. Mich.), 427
– Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165

MINNESOTA

– Frye hearings, hormone replacement therapy caused breast cancer, failure to determine causation on individual and lack of generally accepted differential diagnosis fails test (Minn. Ct. App.), 390
– Statistical proof, disputes between experts must be resolved before class certification (Minn. Ct. App.), 264

MISSOURI

– Nursing home patient's death, proof of negligence based on photos and records not speculative (Mo.), 56
– Workers' compensation, simple injury understandable to laymen, evidence to show percentage of disability attributable not required (Mo. Ct. App.), 28

MOLD

– Respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34

MONTANA

– Age discrimination, admission of inadmissible state investigative study for failure to timely object deemed impermissible sanction (Mont.), 471
– Libby asbestos site, EPA on-scene coordinator not qualified to testify on risk assessment, toxicology, or epidemiology (D. Mont), 188
– Mowers, removal of operator presence control lever, expert testimony on difficulty of removing device and pry marks leads to summary judgment for defense (D. Mont.), 428

MOTOR VEHICLES

– Asbestos brakes

– – Experts not required to disprove defendant's hypotheses to carry burden of reliability and relevance (Del. Super. Ct.), 209
– – Lack of epidemiological studies, researchers with 30 years experience link carcinogenic qualities of unrefined and refined chrysotile fibers (Del.), 454

– Blood alcohol level tests, expert proof lacking chain of custody testimony not admissible (S.C.), 501
– Carbon monoxide poisoning

– – Dangers of aftermarket muffler installation on minivan not so obvious so as to support summary judgment (11th Cir.), 126
– – Rental truck passengers, expert proof adequate to defeat summary judgment (M.D. Pa.), 58

– Chiropractor unqualified to testify regarding surgeon's diagnoses in accident case (Ind. App. Ct.), 54
– Design defects

– – Acceleration and braking problems, rejected transient magnetic signal theory not intrinsically intertwined with circumstantial evidence theory for summary judgment purposes (N.Y. App. Div.), 295
– – Air bag deployment, affidavit citing alternative designs ad feasible and not providing risk-utility analysis insufficient (E.D. Mich.), 427
– – Class actions, expert report detailing type of vehicles experiencing shimmying relevant to numerosity and commonality issues (W.D. Pa.), 418
– – Commercial trailers, safer alternative fails to meet risk-utility analysis (Tex.), 313
– – Conclusory affidavit insufficient (E.D. Mich.), 427
– – Seat-belt defects, exclusion of testimony with differences as cumulative deemed error (Haw. Ct. App.), 441
– – Untimely disclosure of scientific basis for opinion leads to exclusion (11th Cir.), 156

– Discovery sanctions, disclosure by automaker of internal litigation management database to plaintiff improper in product liability case (Fla. Dist. Ct.), 25
– MRI report by nontestifying radiologist relied upon by testifying physicians inadmissible without limiting jury instruction (N.J.), 123
– New York City taxicab hybrid incentive lease cap rules preempted by Energy Policy and Conservation Act (S.D.N.Y.), 332
– Rollover accident, opinion testimony on use of seat belt and whether driver fell asleep by state trooper with accident investigation training and personal knowledge proper (Utah Ct. App.), 342
– Truck's cargo area, opinion that it is common practice for passengers to ride in lacks “foundational facts” (N.Y. App. Div.), 9