Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024) - Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on...more
As a forensic orthopedic and spine surgeon, Dr. James Barlow has seen it all, but one case sticks out in memory. originally published by NCADA....more
In an unreported opinion, the Pennsylvania Commonwealth Court has ruled that an employer’s medical expert presented on a pending termination petition does not have to testify that the claimant is fully recovered from a...more
Although product liability actions are governed by state tort law, they frequently find their way into federal court on diversity jurisdiction. In such actions, federal law provides the procedural rules and state law provides...more
The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more
If a medical expert has been compensated by an attorney, their law firm, or a party’s liability insurance company multiple times over the past few years to provide testimony, be ready for opposing counsel to seek discovery on...more
Often people are reluctant to use biomechanical engineers to assess claimed injuries from trauma. Biomechanical engineers, however, can provide helpful testimony and aid juries in making determinations. They can analyze the...more
The Holding - In Cheatwood v. Christian Brothers Services, 2018 WL 287389 (D. Ariz. Jan. 4, 2018) (Unpublished) (Order), a bad faith case arising from a health benefits claim, the Arizona District Court quashed portions of...more