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Bodily Injury Expert Testimony

Marshall Dennehey

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

Marshall Dennehey on

Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

Marshall Dennehey

Limiting the Opinions of Plaintiff’s Non-Retained Expert Witnesses Regarding Injury Causation and Permanency

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Key Points: Plaintiff’s non-retained experts are treating physicians, and their testimony at trial should be limited to their scope of treatment, diagnosis, and prognosis with respect to the injuries alleged....more

Stark & Stark

New Mexico Trial Court Upholds Admissibility of Diffusion Tensor Imaging (DTI)

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In a recent judicial ruling that adds to the growing body of case law affirming the legal acceptance of advanced medical imaging techniques, the court once again endorsed the admissibility of Diffusion Tensor Imaging (DTI) as...more

Stark & Stark

Another Favorable DTI Decision

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​​​​​​​Another favorable DTI decision has been made in Meadors v. D’Agostino, a case from the United States District Court, Middle District of Louisiana (October 29, 2020). This case arose out of a car crash where the...more

Robins Kaplan LLP

Robins Kaplan Justice Report Fall 2020 | VOL. 14 NO. 4

Robins Kaplan LLP on

Marquardt v. Schaffhausen, 941 N.W.2d 715 (Minn. 2020), for example, is a medical malpractice action where Patricia Marquardt suffered a brain injury when she developed an untreated infection after undergoing a knee...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

White and Williams LLP

New York Court Takes the Bite Out of a Food Manufacturer’s Request for Destructive Testing

Although there are times when both parties agree on the need to perform destructive tests on an object, when the parties disagree, the party seeking the destructive tests must justify its request. In Doerrer v. Schreiber...more

Sands Anderson PC

Court Refuses to Exclude Evidence of Disciplinary History of Plaintiff's Expert

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The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more

Sands Anderson PC

Court Excludes Plaintiff's Expert's Opinion On Future Damages

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The plaintiff filed a Complaint in the Fairfax County Circuit Court claiming the defendant injured her in an automobile accident. After deciding not to use the first expert orthopedist she hired for the case, the plaintiff...more

Maynard Nexsen

Products Liability? Prove It

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Under South Carolina law, a products liability case may be founded in several theories, including warranty. Regardless of the chosen theory, however, a plaintiff must establish (1) he was injured by the product; (2) at the...more

Miles & Stockbridge P.C.

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

Butler Weihmuller Katz Craig LLP

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Polsinelli

"Every Asbestos Exposure Counts" - Maryland Affirms Theory

Polsinelli on

Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,...more

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