Category: Internal Medicine Expert Witness
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Internal Medicine Expert’s Testimony About a Reasonable Accommodation Excluded
Plaintiff Taplice Stapleton filed suit against her former employer, PrinceCarpentry, Inc., and individual Defendants Thomas Voss and John Punis. Plaintiff brought claims for unequal pay and disability discrimination. Defendant Prince Carpentry, Inc., is a drywall and carpentry subcontracting company owned by Defendant Thomas Voss. At the time of Plaintiff’s termination she was earning an annual…
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Expert Reliably Applied Vocational Counseling Experience to the Facts
In July 2021, the Federal Reserve Bank of Minneapolis required its employees to be vaccinated against COVID-19. The policy allowed religious exemptions. Plaintiff Rodney Maki—one of the Bank’s law enforcement officers—requested one, citing his opposition to vaccines linked to fetal stem cells. The Bank granted Maki a temporary accommodation but revoked it a few months…
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Internal Medicine Expert’s Testimony Limited Despite His Physician Behavior Experience
Plaintiff State of Washington alleged that Novo Nordisk Inc. (“NNI”) caused physicians to prescribe its drug, NovoSeven®, to Washington hemophilia patients by: (1) promoting it “off-label” for prophylaxis and “high dose” use; (2) paying kickbacks to physicians; and (3) paying bribes to patients, all of which rendered claims to Medicare and Washington Medicaid false. The…
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Internal Medicine Expert’s Testimony Partly Excluded Because He Made Credibility Determinations
This is a medical malpractice case arising primarily out of the treatment provided to Plaintiff’s father, Santos González Ponce (“Mr. González”) at co-Defendant Doctors’ Center Hospital and Caribbean Medical Center (“CMC”) by Defendants Dr. Glorimar Santos Llanos, Dr. Glorimar Santos-Rodríguez, and Dr. Iolani García-Rosario (“Dr. García”) at those medical institutions. Plaintiff argued that Dr. Miguel…
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Court refuses to exclude expert testimony on the application of local zoning regulations
In 2014, Plaintiffs asked Defendant to rezone a parcel of land from Agricultural (“AG-2”) to Community Facilities Planned Development (“CFPD”). They needed the rezoning to build a 72-bed residential substance abuse treatment center and detoxification facility. Plaintiffs were initially successful. Defendant’s staff and hearing examiner recommended rezoning because the facility was compatible with the surrounding…
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Nursing Expert Witness Fails to Establish Breach of Duty of Care
A district judge in Kansas barred an expert physician and nurse from testifying about the Defendants’ deviation from the requisite standard of care. Facts: On April 9, 2021, Smoky Hill admitted Arlen Dority, age 82, after a fall at his home on April 6, 2021 and a decline in his ability to care for himself.…
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Physician’s expert testimony must stay within the ‘reasonable confines’ of their practice area; Court limits the testimony of Internal Medicine Expert Witness regarding the spread of COVID-19
In the case brought by Plaintiff Leonard Roberts against Defendants Philadelphia Express Trust, Hapag-Lloyd USA, LLC, and Marine Transport Management, Leonard Roberts had alleged that he contracted COVID-19 while working as a longshoreman on a vessel with an individual who had tested positive for COVID-19. His Amended Complaint included claims for fraudulent concealment under Georgia…
