Category: Psychiatry Expert Witness
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Psychiatry Expert’s Testimony Not Fully Excluded Despite His Reliance on a Previous Edition of the DSM
In a recent Michigan case involving allegations of sexual abuse against visually impaired minors in public schools, the admissibility of expert psychiatric testimony became a focal point. Specifically, the Court grappled with challenges to Dr. Gerald Shiener‘s expertise and methodology. Plaintiffs presented Shiener, a psychiatrist, to testify on the “causation and damages” related to the…
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Testimony on Medication Effects and Interactions Admitted in Mental Health Malpractice Case
Sabelita Hawkins experienced a psychotic episode in 2011, leading to hospitalization and subsequent treatment at the Puget Sound Veterans Hospital. She alleges that despite informing Dr. Daniel Doan that her prescribed medication was ineffective, no changes were made to her treatment. Later, Dr. Carl Jensen diagnosed her with PTSD but also did not modify her care. A…
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Psychiatry Expert Witness’ Opinions Regarding the Clinical Sufficiency of Certain Guidelines Admitted
Kirsten W. sought payment of benefits for her son C.W.’s treatment at Open Sky Wilderness Therapy (“Open Sky”) and Telos Residential Treatment Center (“Telos”) from Defendants California Physicians’ Service d/b/a Blue Shield of California (“BSC”). C.W. was admitted to Open Sky and Telos for treatment of his depression, anxiety, drug and alcohol use disorders, poor impulse…
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Psychiatry Expert Witness’ Opinions on the Sufficiency of the County’s Suicide Prevention Policies and Training Admitted
This case arises from the in-custody death of Joseph Morton (“Morton”) at Vista Detention Facility (“VDF”). Morton was arrested for attempted robbery and booked at VDF on May 11, 2020, one day after release from a 5150 hold. Morton committed suicide six days later, on May 17. Plaintiffs allege medical care claims under 42 U.S.C.…
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Psychiatry Expert Witness’ Rebuttal Testimony Admitted Despite Claims of Untimely Disclosure
Plaintiff Rebecca Leeper filed a Complaint for Damages against the Defendants, the City of Tacoma and Tel Thompson. The case arose from injuries she sustained in a sexual assault on July 17, 2018. In her Complaint, Leeper alleged that the City had prior knowledge of Thompson’s dangerous conduct, including a documented history of confrontational behavior and inappropriate sexualized…
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Psychiatry Expert Witness’ Interpretation of the Diagnostic Criteria for PTSD Deemed Unreliable
Sarah Budd alleged that SkyWest (Defendant) discriminated against Budd by subjecting her to a sexually hostile work environment during her employment at SkyWest’s Dallas-Fort Worth International Airport facility and retaliating against her for reporting the harassment. Budd claimed that SkyWest placed her on indefinite administrative leave as retaliation. In response, the Equal Employment Opportunity Commission…
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Proposed Expert Witnesses Barred from Evaluating Psychological and Economic Damages
Domski filed this lawsuit on August 11, 2023, alleging that she was wrongfully terminated from her employment by defendant Blue Cross Blue Shield of Michigan after she refused to comply with the company’s COVID-19 vaccination policy. Domski worked for Blue Cross Blue Shield from March 10, 2008 until her termination on January 5, 2022, most…
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Forensic Psychiatry Expert Witness’ Report on Plaintiff’s Mental Health Admitted
On a foggy night in November 2015, Plaintiff Kedron Gaston, a minor at the time, was heavily injured in a car accident. The car, driven by her aunt, collided with the back of a semi-truck, resulting in her aunt’s death. The Plaintiff’s mother, seated in the front passenger position, suffered severe injuries that made her…
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Psychiatry Expert Witness’ Testimony Regarding the Criteria for Cannabis Use Disorder Admitted
Defendant Ryan Vangdy is charged with knowingly possessing firearms while being an unlawful user of a controlled substance. The government filed a motion to exclude Defendant’s expert, Dr. Gregory Nawalanic. The government argued that the Court can exclude Nawalanic under Rule 702 for several reasons, specifically that the testimony is irrelevant, unhelpful to the jury, only…
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Judge Declares Law Banning Transition Care Unconstitutional
More often than not, public school employees call students by the pronouns matching the gender on their birth certificate, no matter the child’s preference and it is a misdemeanor to use restrooms in public buildings that do not correspondent to the person’s gender at birth. If lawmakers advance bills that mandate the same, how do…
