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Vol. 9, Nos 1-21, pp. 1-560 Jan. 5 - Nov. 9, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
MAINE
Child sex abuse, palm crease expert properly linked hand in photo of child abuser and criminal defendant's hand (Me.), 85
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 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
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
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
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 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 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 Pharmaceuticals
See PHARMACEUTICALS
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 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
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
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 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
Affidavit sufficiency
See AFFIDAVITS
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 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
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 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
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 Negligence suits
Expert not required, layman with experience sufficient (Okla. Ct. App.), 67
Expert testimony requirement proper (Cal. Ct. App.), 67 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 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 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
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
See PHARMACEUTICALS
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
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 Case management, use and limitations of Lone Pine orders, Analysis & Perspective, 101 Causation
See CAUSATION
Hydrologist's testimony on third-party tests showing ground water contamination excluded as speculative (4th Cir.), 31 Medical causation 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 Teflon exposure, population assumptions unacceptable, class certification (D.N.J.), 35 Testing
See TESTING
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
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
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
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
Respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34
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
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 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 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 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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |