Category: Occupational Medicine Expert Witness
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Occupational Medicine Expert Witness’ Testimony Admitted Because He Performed Independent Research on Susac Syndrome
This case concerns claims under the Family and Medical Leave Act and the Americans with Disabilities Act. Plaintiff, Jeremy West (“West”), was hired by Defendant BNSF in January 2014 as a conductor and later as an engineer after receiving his engineer certification. In 2020, West was diagnosed with a rare medical condition, Susac Syndrome, which if…
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Occupational Medicine Expert Witness’ Testimony Based on Generalized Medical Guidelines Rejected
Following an automobile accident in which driver Ronald Skinner struck Plaintiff’s vehicle, Plaintiff subsequently filed suit against Defendants. To offer opinion testimony as to Plaintiff’s damages, Plaintiff’s counsel identified Dr. Manijeh Berenji, an occupational and environmental medicine physician, as an expert life care planner and emailed Defendants a life care plan for Plaintiff that Berenji prepared.…
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Railroad Expert Witness Testimony Evaluating Light Cannon as a Field Test Admitted
Railroad companies were obligated to ensure that locomotive conductors met federal standards of visual acuity, including color vision, before they were permitted to conduct trains, in accordance with 49 C.F.R. § 240.121(c). To comply with these regulations, conductors underwent testing approximately every three years to confirm adherence to the specified vision standards. The federal regulations…
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Occupational Medicine Expert Witness’ projection of Plaintiff’s future medical care costs rejected by the Court for lacking sufficient basis in the medical evidence
Plaintiff Autumn Brown, who was twenty-two years old at the time, sustained injuries on June 24, 2020 after a vehicle driven by an employee of Defendant BellSouth Telecommunications, LLC struck her vehicle at an intersection in Pascagoula, Mississippi. She was taken to the emergency department at Singing River Hospital where they found she had suffered…
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Court confirms the admissibility of the testimony of occupational medicine expert in employment discrimination case
In an Americans with Disabilities Act of 1990 “ADA” discrimination case, the Court denied the Defendant’s motion to preclude expert testimony offered by the Plaintiff opining that certain medical guidelines were outdated. Though the Defendant argued the opinions were unsupported, the Court found the testimony could potentially assist the jury and weaknesses were better addressed…
