This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for prenatal care and labor of Plaintiff Jenna Grenier (“Jenna”), and the subsequent delivery of J.A.G.
Severe physical injuries sustained by Jenna Grenier and J.A.G. are alleged as well as the negligent infliction of emotional distress to Plaintiff Tyler Grenier (“Tyler”) and Jenna; Plaintiffs’ loss of filial consortium; and Tyler’s loss of spousal consortium.
Plaintiffs sought to strike the testimony of Defendant’s expert witness, Thomas Wiswell, M.D., in its entirety because he is a neonatologist and is not qualified to render opinions regarding causation of the injuries sustained by the Minor Plaintiff nor the standard of care surrounding his delivery at birth.
Neonatology Expert Witness
Dr. Thomas E. Wiswell is a neonatologist in Honolulu, Hawaii. He graduated from the United States Military Academy at West Point, N.Y., in 1973 and subsequently attended medical school at the University of Pennsylvania in Philadelphia, graduating in 1977. Dr. Wiswell completed his pediatric residency and neonatology fellowship at Tripler Army Medical Center in Honolulu, Hawaii. He held active medical practitioner licenses from the states of Hawaii and Maryland and was certified by the American Board of Pediatrics.
Discussion by the Court
Wiswell reviewed the Complaint filed in the instant action, Tripler records for Jenna and the Minor Plaintiff, various medical records from medical facilities for the Minor Plaintiff, Plaintiffs’ expert reports, the deposition transcripts for Jenna and Tyler as well as those for various individuals involved in Jenna’s labor and the delivery of the Minor Plaintiff.
Wiswell lists 17 opinions regarding the instant matter. The Court excluded about ten of his opinions because Wiswell does not present qualifications in the specific medical practice areas to render opinions regarding the standard of care for obstetrics, and labor and delivery, certain opinions are generalized and overly broad, and he did not provide any methodology or principles supporting his conclusions. For example, he opined that “none of the Tripler Army Medical Center providers breached the standard of care” and went on to state that “J.A.G.’s medical problems were not caused by negligence by any TAMC providers.”
Seven of his opinions are not excluded because Wiswell is qualified as a pediatrician and neonatologist to opine on the standard of care for newborn infants and children.
Held
The Court granted in part and denied in part Plaintiffs’ motion to strike the testimony of Thomas Wiswell.
Key Takeaway:
As a pediatrician and neonatologist, Wiswell was allowed to opine on the standard of care for newborn infants and children. However, Wiswell does not present qualifications in the specific medical practice areas to render opinions regarding the standard of care for obstetrics, and labor and delivery. To add to that, certain opinions provided by him are generalized and overly broad, and he did not provide any methodology or principles supporting his conclusions.
Please refer to the blogs previously published about this case:
Case Details:
| Case Caption: | Grenier Et Al V. United States Of America |
| Docket Number: | 1:22cv396 |
| Court Name: | United States District Court for the District of Hawaii |
| Order Date: | September 25, 2024 |
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