In this medical malpractice action, the plaintiff sued her doctor after having a deleterious reaction to a procedure performed by the SmartLipo laser. The plaintiffs hired an expert to opine on causation and accepted medical practices. The defendant filed motions to exclude the testimony and it was partially granted. Facts:…
Plaintiff sued numerous defendants for medical malpractice in their treatment of her medical issues. Plaintiff hired experts to testify and they were subsequently challenged. The court denied the motion to exclude. Facts: This case (McBride v. Houston County Health Care Authority et al – United States District Court – Middle…
ALBERT E. GUCKER Plaintiff, v. UNITED STATES STEEL CORPORATION – United States District Court – Western District of Pennsylvania – November 23rd 2015 – This is an employment discrimination case for violation of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Pennsylvania Human Relations…
HIPAA Expert Witness Michael Arrigo provides the following Healthcare Policy Update: CMS Suspends Payment on Certain ICD-10 Claims CMS Systems Not Ready for All NCDs and LCDs We may be seeing one of the first latent indicators of the financial impact of ICD-10 with today’s announcement. CMS stated in a November…
Bickham v. Coca Cola Refreshments USA, Inc. – United States District Court – Southern District of New York – November 18th, 2015 – This case involves a negligence claim against Coca Cola related to an object allegedly swallowed during the ingestion of a soft drink. The plaintiff hired Darrel Suderman,…
The defendant challenged the standard of care expert witness testimony of anesthesiologist on numerous grounds. The court denied the motion. Facts: This case (Sine v. Sheren – United States District Court – Northern District if West Virginia – April 24th, 2015) involves a medical malpractice lawsuit. In September 2013,…
Bruska v. Bunting Bearings – United States District Court – District of Minnesota – November 17th, 2015 – In this products liability case involving automobile brakes, the defendants’ challenge the expert witness testimony of James Brusso, a metallurgy expert witnesses. They argue that his testimony is unreliable, over speculative and not…
In this title insurance dispute involving the construction of a ski resort in Idaho, the plaintiffs challenged the expert witness testimony of two experts. The court granted one motion to exclude in part and denied the other in full. Facts: This case (Stewart Title Guaranty Company v. Credit Suisse –…
Brooks, et al. v. Ripley, Union, Lewis, Huntington School District, et al. – United States District Court – Southern District of Ohio – November 10th, 2015 – In this alleged racial discrimination case at a school, the defendants’ filed a motion to exclude the expert witness testimony of Dr. Edward…
The defendant hired an accountant to provide expert witness testimony on damages in this patent infringement case. The plaintiff filed a motion to exclude the testimony. Facts: This case (Deflecto, LLC v. Dundas*Jafine Inc. – United States District Court – Western District of Missouri – November 4th, 2015) involves patent…