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Vol. 10, Nos 1-24, pp. 1-616 Jan. 4 - Dec. 20, 2010 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
– Forensic analysis
– – Autopsy results, opinion of medical examiner not author to report (Me.), 443
– – Certification of driving record does not required testimony of secretary of state (Me.), 221
– Actuaries, failure to detect flawed data from pension plan, claims dismissed (N.D. Ohio), 418
– Auditors, defending at pleading stage, analysis, 147 – Legal
– Condoms, HIV protection assertion, court defers to agency expertise (N.D. Cal.), 235
– Neurotin-caused suicide, off-label use, economist and FDA worker involved in drug application (M.D. Tenn.), 228
– Bias, juror and witness contact during trial (Md.), 470
– Construction industry injury, occupational safety expert may testify on duty owed to subcontractor (Md. Ct. Spec. App.), 287 – Eyewitness testimony
– – Drowning, inference of conscious pain and suffering does not require (Md.), 509
– – Presumption of admissibility of expert to refute reliability rejected (Md.), 89
– Chemotherapy developmental risk to fetus, failure to draw causal connection not grounds for summary judgment (Mass. App. Ct.), 517
– DNA testing, nonexclusion of defendant, testimony on statistical significance required (Mass.), 86 – Motor vehicle accident, police officer opinion on speed (Mass. App. Ct.), 445
– Diacetyl--caused lung injury, dismissal for inadequate causation (E.D. Wash.), 393
– Differential diagnosis
See METHODOLOGY
– Lost chance insufficient to establish (Neb.), 415 – Medical devices
See MEDICAL DEVICES
– Motor vehicle accidents
– – Expert unaware of pre-accident treatment (Del.), 249
– – Incomplete medical history (Tenn. Ct. App.), 117 – Open-heart surgery, circulatory arrest induced pleural effusion, rejection of testimony for lack of experience or literature (3d Cir.), 555 – Pancreatitis, bar of survivability testimony (Neb.), 415 – Pharmaceuticals
See PHARMACEUTICALS
– Salmonella-caused poisoning, peanut butter, failure to link recalled product or provide medical records (N.D. Ga.), 518 – Silica-caused lung cancer, work history and biopsy link sufficient (Tenn.), 34 – Standard of care testimony lacking causation element results in dismissal (Tenn. Ct. App.), 116 – Stent implants
– – Expert unable to show link between symptoms and deviation from standard of care (3d Cir.), 135
– – Nonapproved devices, lack of informed consent not proof (3d Cir.), 470 – Treatment errors, multiple explanations, expert opinion must be medically superior to other explanations (Tex.), 597 – Vaccines
See VACCINES
– Bone implant screws, alternative designs, aircraft design metallurgist not qualified (D.N.J.), 443
– Cardiac defibrillator defect, personal standard of care for termination of physician-patient relationship inadequate (S.C. Ct. App.), 496 – Condoms, HIV protection assertion, court defers to agency expertise (N.D. Cal.), 235 – Coronary stents, nickel allergic reaction, novel theory lacking general acceptance fails Frye (Wash. Ct App.), 115 – Davol Bard Composix Kugel Hernia Mesh patch, failure to inform patient of recall not malpractice (La. Ct. App.), 250 – Elbow implant, rigid application of Daubert to exclude expert overturned (9th Cir.), 129; rehearing denied, 231 – Hip implants
– – Metal ejection theory not subject to testing or peer review fails Daubert (M.D. Ga.), 581
– – Recall not proof of defect, expert testimony required (S.D. Ala.), 291 – Knee implants
– – Improper sterilization testimony fails to bridge analytical gap (7th Cir.), 59
– – Metallurgical engineer without biomechanical expertise not qualified (N.D. Ill.), 85 – – Most likely cause opinion created triable issue of fact (S.D.N.Y.), 448 – – Surgeon's statement of unreasonableness of breakage insufficient (D. Utah), 517
– – Design defects
– – – Discovery, substantial equivalence review, competitor ordered to produce data (M.D. Ga.), 56
– – – Panel of experts leads to denial of summary judgment (M.D. Ga.), 222 – Orthopedic implant screw failure, expert required (N. Conn.), 16 – Pain pump-caused chondrolysis
– – Bone screw defect, reliance on medical journal articles not based on epidemiological data (11th Cir.), 435
– – Daubert analysis met (S.D. Ohio), 172 – – Study not based on live humans not deficient (E.D. Ky.), 255 – Spinal fusion system screw failure, causation testimony lacking (W.D.N.Y.), 229 – Stent implants
– – Expert unable to show link between symptoms and deviation from standard of care (3d Cir.), 135
– – Nonapproved devices, lack of informed consent not evidence of causation (3d Cir.), 470
See also MEDICAL CAUSATION; WRONGFUL DEATH
– Abortion, trimester, national standard of care use (D.C.), 339 – Affidavits
– – Contradiction of earlier deposition, summary judgment not precluded (Ohio), 381
– – Declaration signed under perjury penalty acceptable (Nev.), 336 – – Later taken deposition (Tenn. Ct. App.), 390 – – Reasonable belief in credentials (Mich. Ct. App.), 31 – Bar against defendant testifying as expert upheld (8th Cir.), 409 – Bias
– – Board certified expert, exclusion for serving as plaintiff's witness on multiple occasions (1st Cir.), 388
– – Expert and defendant use of same insurer (Ky.), 551 – – Expert's finances and litigation history, discovery order unfairly burdened witness (N.J. Super. Ct. App. Div.), 579 – – Judge comments on intention to inspect credentials and writing on Internet (4th Cir.), 344 – Cardiologist testimony on physician assistant standard of care (Tenn.), 358 – Cesarean section delay, occult cord prolapse, failure to properly diagnose anoxia lacks supporting evidence (1st Cir.), 232 – Community standards knowledge
– – Demonstration of sufficient training and experience preclude summary judgment (N.C. Ct. App.), 260
– – Mo. expert fails to demonstrate familiarity with Memphis standards (Tenn. Ct. App.), 413 – – Personal, firsthand, or direct knowledge required (Tenn. Ct. App.), 38 – Deposition use as proof (Neb.), 336 – Electronic health records, evidentiary implications, analysis, 498 – Expert reports
– – Birth injuries, minute differences in risk factors (Tex. App.), 385
– – Delayed diagnosis related pain, report sufficient (Tex. App.), 32 – – Multiple reports, use to establish standard of care (Tex. App.), 385 – – Pleading terms may not change underlying claims (Tex. App.), 605 – – Port-a-cath misplacement, board certified physicians qualified (Tex. App.), 7 – – Prescription drug firm providing oxygen deemed health care provider for report requirement (Tex. App.), 312 – – Septic infection, failure to set forth standard of care dooms report (Tex. App.), 31 – Misrepresentation of expert's finding, suspension of physician membership, claims against law firm and professional organization to proceed (E.D. Pa.), 560 – Necessity
– – Biopsy of wrong organ (Del.), 367
– – Postoperative care, expert required (Tenn. Ct. App.), 473 – – Sexual assault during cardiac exam requires expert (W.D. Mich.), 319 – – Sponge, failure to remove after surgery (Tenn. Ct. App.), 438 – – Subclavian bypass, failure to inform of risk, expert not required to withstand directed verdict (S.C. Ct. App.), 494 – Nurse standards of care, conclusory opinion inadmissible (Tex. App.), 86 – Off-label use of bone growth protein, physician duty to disclose, testimony creates question fact for jury (D.S.D.), 16 – Pharmacist not barred from testifying on physician standard of care (D.S.D.), 252 – Physician license suspension, consulting medical expert testimony not admissible (Tex. App.), 259 – Qualification of physician experts
See PHYSICIANS
– Treating physician
See PHYSICIANS
– Video projection of testimony on screen (Tenn. Ct. App.), 394
See also MEDICAL MALPRACTICE
– Emergency room negligence, hospitals may be held directly liability (Tenn.), 536 – Nursing homes, national standard of care rejected (N.C. Ct. App.), 145
– Fraud
See FRAUD
– Affidavits, exclusion for failure to attach medical records (Wyo.), 559
– Psychiatric examination by opposing counsel, monitoring by counsel in another room requires exceptional circumstances (Cal. Ct. App.), 598 – Psychiatrist testimony on Asperger's disorder irrelevant in murder case (Minn.), 532 – Va., reversal of noncooperation lifts bar against own expert (Va.), 579
See also DAUBERT GUIDELINES AND ANALYSIS; TESTING
– Altered evidence, testimony based on inadmissible (6th Cir.), 415 – Antitrust, geographic market, economic proof, size of market too small (E.D. Tenn.), 418 – Carbon monoxide exposure from rental U-Haul, speculation on manner of gas entering cabin rejected (3d Cir.), 531 – Class action certification, economic proof of deceptive trade practices (S.D.N.Y.), 444 – Coffee cup burn injury, testimony rejected for lack of intellectual rigor and analytical basis (2d Cir.), 529 – Condemnation, property value, state expert not qualified to testify in federal proceedings (E.D. Cal.), 13 – Damages, narrative report short on verification (6th Cir.), 341 – Differential diagnosis
– – All possible causes required to be ruled out (11th Cir.), 435
– – Alternative causes, failure to rule out other causes results in rejection (11th Cir.), 285 – – Antibiotic exposure, external causation not subject to method (N.M. Ct. App.), 515 – – Dursban-caused non-hodgkins lymphoma, testimony barred for failure to review all medical records (W.D. Pa.), 137 – – Seroquel-caused diabetes, testimony barred for failure to consider alternative causes (11th Cir.), 191 – Dursban-caused injuries, comparative analysis rejected (8th Cir.), 601 – Engineer testimony based solely on experience (Ga.), 361 – Fosamax-caused jaw bone disorder, causation expert testimony allowed (S.D.N.Y.), 83 – Hydraulic lift platform failure, expert need not address product misuse (Ill. Ct. App.), 315 – Occupancy tax, failure of online travel firms to remit, evidence on amount collected by travel firms too speculative (N.D. Ohio), 139 – Pharmaceuticals, phenylpropanolamine based cold medicine-caused neurological illness, bare analogy from reported cases insufficient (Iowa), 105 – Plumbing pipes, pre-certification of mean time to failure calculations admissibility deferred (D. Minn.), 261 – Sex discrimination, aggregation of statistical data permitted (3d Cir.), 441 – Silica-caused lung cancer, work history and biopsy link sufficient (Tenn.), 34
– Affidavits, medical malpractice, reasonable belief in credentials (Mich. Ct. App.), 31
– E-discovery, forensic proof of computer file deletion results in dismissal of harassment claims (Mich. App.), 57 – Mold exposure, expert not needed (Mich. Ct. App.), 15
– Mental disease, psychiatrist testimony on Asperger's disorder irrelevant in murder case (Minn.), 532
– Asbestos, railworkers, failure to provide proof of economic damages not bar to noneconomic damages (Miss.), 60
– Daubert, proof not generally accepted barred (Miss.), 79 – Slip and fall claims, extrapolation of causation from clinical data (Miss.), 364
– Vertebroplasty, radiologist practicing substantially same specialty (Mo.), 362
– Medical malpractice, nonsurgical alternatives to spinal shunt, neuro-ophthalmologist qualified (Mont.), 335
– Accident reconstruction, opinion based on preponderance of evidence invaded jury's province (D.D.C.), 13
– Asbestos, automotive products workplace exposure, causation experts support verdict (N.J. Super. Ct. App.), 233 – Autism link to accident-caused brain injury, causation fails (11th Cir.), 340 – Automobile acceleration
– – Cruise controls, British industry consultant not qualified in suit against Ford (S.C.), 169
– – Other incidents exclusion proper (2d Cir.), 171 – Class actions, conclusive ruling on admissibility required at certification stage (7th Cir.), 201 – Driving record certification, Melendez does not required testimony of secretary of state (Me.), 221 – Drunk driving
– – Blood alcohol content, odor analysis lacks rigorous standards set out in state law (N.C. Ct. App.), 555
– – Conclusions based on preliminary breath tests barred (Wis.), 81 – – Field sobriety test complies with Frye (Ill.), 141 – – Field sobriety test, Frye standards applicability to opinion of police officer (Kan.), 387 – – Horizontal gaze nystagmus test, reliability of field sobriety test needs to be established (Neb.), 254 – – Testimony of analyst not testing or preparing report of gas chromatography machine sufficient (N.M.), 111 – Lay testimony, accident-caused bruising, phlebotomist observation deemed (W. Va.), 583 – Medical history, failure to present results in dismissal (Tenn. Ct. App.), 117 – Medical treatment may not be challenged (Ind.), 133 – Motorcycle design defects
– – Circuit breaker defect, molten metal analogy to spattered blood fails Frye (Wash. Ct. App.), 577
– – Class actions
– – – Conclusive ruling on admissibility required at certification stage (7th Cir.), 201
– – – Expert evidence admissible at certification stage (N.D. Ill.), 38 – Pre-accident treatment, exclusion of expert unaware of (Del.), 249 – Psychiatric injuries, psychiatric nurse practitioner qualified to testify (M.D. Pa.), 315 – Psychologist opinion on cause of brain injury (Ind.), 446 – Rollovers
– – Jordan Rollover System crush test unreliable (W.D. Okla.), 203
– – Photos, videos, and charts, doctrine of substantial similarity improperly applied (Fla. Ct. App.), 343 – – Roof design defect-caused enhanced injury, expert review of defendant test results (N.M. Ct. App.), 346 – – SUV accident, experts restricted to avoid jury confusion (W.D. Okla.), 64 – Tire defect, failure to test theory (10th Cir.), 387 – Truck step system failure, engineer using accepted methodology but lacking experience not barred (W.D. Okla.), 467 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
