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…
Valdes v. Miami-Dade County et al – United States District Court – District of Southern Florida – November 6th, 2015 – This case involves an alleged violation of civil rights. The plaintiff sought to exclude the expert witness testimony of Dr. Jason Buchwald, a forensic & laboratory testing expert witness, based…
Both plaintiffs and defendants hired expert witnesses in this proposed class action. In one piece of the case, the defendants filed a motion to exclude the testimony of an expert in marketing. The court denied the motion. Facts: This consumer class action litigation (Suchanek et al v. Sturm Foods, Inc.…
A summary of recent Daubert opinions. Ponce v. Mountaineers – Court of Appeals of Washington – Division One – November 2, 2015 – This case involves a sledding accident. The plaintiffs appeal a lower court opinion which allowed the defendant’s sports and recreation expert witness, Chris Stoddard. They claim that…