Articles Posted in Uncategorized

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Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries

Facts: This case (Fozard et al v. Knauf Gips KG et al – United States District Court – Southern District of Mississippi – May 13th, 2024) involves a products liability and personal injury claim.  The plaintiffs, David and Candace Fozard, allege that they discovered that their home, which they purchased in March 2015, contained Chinese drywall in 2017.   They allege that the drywall caused damage to their home as well as injuries to their bodies.  In order to prove their case, the plaintiffs hired Construction Expert Witness Howard Ehrsam to provide expert witness testimony.  The defendants filed a motion to exclude this expert witness testimony.

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Summary: Pediatrics Expert Witness testimony is not allowed as the expert did not cite any authority that HIW can cause ASD.

Facts:  This case (Scottoline v. Women First, LLC – Delaware Superior Court – March 1, 2023) involves a medical negligence claim.  The plaintiffs assert that their child was deprived of oxygen during labor and delivery and, as a result, has an ongoing medical condition that falls within the autism spectrum.  To assist in their case, the plaintiffs hired Pediatrics Expert Witness Daniel Adler, M.D. to provide expert witness testimony.  The defendant filed a motion to exclude this expert witness from testifying.

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Summary: Statistics Expert Witness testimony is not excluded by the court even though the defendant argued that expert’s preliminary analysis was not reliable.

Facts: This case (Sara Hawes v. Macy’s Stores West, Inc – United States District Court – Southern District of Ohio – January 22nd, 2022) involves a consumer class action complaint whereby the plaintiff argues that Macy’s has misrepresented the thread-counts in a set of sheets, Chief Value Cotton, that they sell.  Hawes claims that Macy’s was aware that consumers know that a higher count thread means softer, more comfortable sheets.  Hawes has hired Statistics Expert Witness Stefan Boedeker to provide testimony.  Macy’s has filed a motion to exclude this expert from testifying.

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“Expert Witness Testimony in Medical Malpractice Litigation: Minutiae and Methods – In Credence and Credibility” is a comprehensive article that delves into the crucial role of Medical Expert Witnesses. The authors explore the intricate details and methodologies involved in expert testimony, emphasizing the importance of both substance and credibility in determining the outcome of such litigation.

The article highlights the complex nature of medical malpractice cases, where establishing negligence and proving causation often requires specialized knowledge and professional opinions. Expert witnesses, typically medical professionals with relevant expertise, are called upon to provide their insights and opinions on the matter. The authors stress that the selection of the right expert witness is a critical factor that can significantly influence the case’s outcome.

Furthermore, the article discusses the various methods used by expert witnesses to present their testimony effectively. These methods include providing clear and concise explanations, utilizing visual aids and demonstrative evidence, and employing reliable and accepted scientific principles. The authors emphasize the importance of maintaining objectivity and avoiding biased opinions, as these can diminish the expert’s credibility and undermine the weight of their testimony.

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Overview: Marine Engineering Expert Witness testimony not allowed as the court ruled that he did not provide any evidence to support his opinions about the gangway.

Facts: This case (Green v. Cosco Shipping Lines Co – United States District Court – Southern District of Georgia – February 15, 2023) involves a personal injury claim.  The plaintiff, Romare J. Green, alleges that he was exiting a vessel operated by the defendants, when the handrail collapsed, which caused him to fall and land on a dock adjacent to the gangway.  Green alleges that he sustained injuries to his right shoulder.  To assist in his case, Green has hired Marine Engineering Expert Witness Richard Galuk to provide expert witness testimony on his behalf.  The defendants filed a motion to exclude this expert from testifying.

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Summary: Psychology Expert Witness allowed to testify in part, even though the defendant argued that an eyewitness identification expert is “generally excluded” because this type of testimony is within the understanding of the jury.

Facts: This case (Gillispie v. City of Mia. Twp – United States District Court – Southern District of Ohio – October 26, 2022) involves a wrongful conviction claim.  The plaintiff, Roger Dean Gillispie, alleges that his wrongful conviction was the result of police misconduct which included witness manipulation, destruction of evidence, and perjury.  In addition, the plaintiff alleges that forensic evidence was also discarded, leading to the extension of his wrongful conviction.  Gillispie hired Psychology Expert Witness Jennifer Dysart to provide expert witness testimony.  One of the defendants, Defendant Matthew Scott Moore, filed a motion to exclude this expert from testifying.

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Summary:  Environmental Toxicology Expert Witness testimony not allowed even though the expert stated that in order to prove exposure, he would have to base his opinion on the scientific methods of an environmental toxicology.

Facts:  This case (Pettaway v. BP Exploration & Production, Inc. et al – United States District Court – Eastern District of Louisiana – August 16th, 2022) involves the alleged exposure of toxic chemicals related to the Deepwater Horizon oil spill.  The plaintiff, John Pettaway, states that he was involved in the cleanup and was exposed to crude oil and dispersants. He alleges that his involvement in the cleanup has resulted in numerous medical issues, including cough, congestion, nasal discharge, and dizziness.  To assist in his case, Pettaway has hired Environmental Toxicology Expert Witness Dr. Jerald Cook to provide expert witness testimony.  The defendant, BP, has filed a motion to exclude this expert from testifying.

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Summary:  Radiology Expert Witness testimony is allowed in part and excluded in part as the court determined that the expert was qualified to offer an opinion on the plaintiff’s back pain, but not his anxiety and depression.

Facts:  This case (Leus v. C.R. Bard, Inc. et al – United States District Court – Western District of Missouri – September 22, 2021) involves a claim of medical malpractice against a doctor who implanted a filter into the plaintiff who was going to have bariatric surgery.  The plaintiff claims that the filter punctured his inferior vena cava and caused back pain and internal bleeding.  The defendant hired Radiology Expert Witness Christopher Morris to provide testimony.  The plaintiff filed a motion to exclude Morris’s testimony from being admitted to the court.

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