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 LAW

– Asbestos, seaman's exposure

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

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

MASSACHUSETTS

– 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

MEDICAL CAUSATION

– Benzene

– – Epidemiological studies cited by expert need not show conclusive causation link (Neb.), 149
– – Expert proof failed to establish exposure contributed to worker's leukemia (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, causation proof exceeding scope of deposition proper where opposing party was on notice of possible use (Cal. Ct. App.), 92
– Differential diagnoses

– – New standards announced (6th Cir.), 225
– – Seroquel, diabetes, failure to rule out other causes dooms testimony (Del. Super. Ct.), 309

– Gas release as cause of injury, differential diagnosis was properly performed (D.N.D.), 60
– Hydrogen sulfide exposure, allergist testimony excluded (7th Cir.), 236
– 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 causation theory supported by FDA study deemed reliable (D. Mass.), 260
– Nursing home negligence, proof based on photos and records not speculative (Mo.), 56
– Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165
– Pharmaceuticals

– – Childhood vaccines and autism, no link found in exhaustive review of expert proof (Fed. Cl.), 96
– – Qualifications of expert, physician failed to demonstrate expertise (Tex. App.), 112
– – Remicade, link to pulmonary fibrosis, exclusion of proof proper (11th Cir.), 90
– – Seroquel as cause of diabetes, failure to show causation results in summary judgment for maker (M.D. Fla.), 63

– 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
– 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

– 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
– Knee implants, methodological flaws in plaintiff's causation testimony result in summary judgment for maker (C.D. Ill.), 51
– Stent implants

– – 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

– 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

MEDICAL MALPRACTICE

– 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
– Birth-relate neurological disorders, intrauterine hypoxia-ischemia, pre-birth timing as window injury probably occurred deemed speculative (Mich. Ct. App.), 312
– 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
– 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
– Discovery sanctions, change in theory after discovery, testimony excluded (1st Cir.), 306
– Emergency medical treatment, state expert report rule does not apply to cases removed to federal court (S.D. Tex.), 11
– 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
– Negligence suit does not require expert, layman with experience sufficient (Okla. Ct. App.), 67
– Oklahoma requires written report, 297
– Qualifications

– – Chiropractor not qualified to testify on causation (Tex. App.), 53
– – 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
– Standard of care

– – Nurse's unfamiliarity with locality bars testimony over fall from wheelchair (Tenn. Ct. App.), 35
– – State statute only addresses standard of proof (Tex. App.), 152

– 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

– Suicide, wrongful death claim against psychiatric facility not malpractice requiring expert proof (Wis. Ct. App.), 283

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
– – 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
– Benzene, epidemiological studies cited by expert need not show conclusive causation link (Neb.), 149
– Case management, use and limitations of Lone Pine orders, Analysis & Perspective, 101
– Causation

See CAUSATION

– Erroneous data, beryllium exposure suits, lack of causation evidence leads to dismissal (5th Cir.), 55
– Hydrologist's testimony on third-party tests showing ground water contamination excluded as speculative (4th Cir.), 31
– Medical causation

See MEDICAL CAUSATION

– Product safety and liability, press brake safety guard testimony used reliable methodology and was 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

– Teflon exposure, population assumptions unacceptable, certification of class rejected (D.N.J.), 35
– Testing

See TESTING

– Vaccines, thimerosal-caused autism, epidemiologist's novel proof fails Frye-Reed generally accepted admissibility test (Md.), 307
– 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

– Medical malpractice, intrauterine hypoxia-ischemia, pre-birth timing as window injury probably occurred deemed speculative (Mich. Ct. App.), 312
– Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165

MINNESOTA

– Statistical proof, disputes between experts required to 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

– Libby asbestos site, EPA on-scene coordinator not qualified to testify on risk assessment, toxicology, or epidemiology (D. Mont), 188

MOTOR VEHICLES

– 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
– – Commercial trailers, safer alternative fails to meet risk-utility analysis (Tex.), 313
– – Untimely disclosure of scientific basis for opinion leads to exclusion (11th Cir.), 156

– Discovery sanctions, disclosure by auto maker of internal litigation management database to plaintiff improper sanction in product liability case (Fla. Dist. Ct.), 25
– Expert reports, MRI report by nontestifying radiologist relied upon by testifying physicians inadmissible without limiting jury instruction (N.J.), 123
– Qualifications, chiropractor unqualified to testify regarding surgeon's diagnoses in accident case (Ind. App. Ct.), 54
– Truck's cargo area, opinion that it is common practice for passengers to ride in lacks “foundational facts” (N.Y. App. Div.), 9