Tag: Injuries
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Obstetrics and Gynecology Expert Witness Barred from Testifying About Plaintiff’s Expressed Desire for Cesarean Delivery
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…
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FDA Expert Witness’ Testimony Excluded Because He Did Not Test His Theories
The Plaintiffs — Carmelo Leon and Wanda Leon — brought this action against the Defendants — United Industries Corporation (“UIC”), Spectrum Brands, Inc. (“SBI”), Cutter, and Home Depot U.S.A., Inc. (“Home Depot”) — after Carmelo Leon sustained burn injuries during an incident involving a mosquito-repelling candle manufactured and sold by the Defendants. The Defendants initially moved…
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Lost Earning Capacity Opinions of Vocational Rehabilitation Expert Witness Fails to Satisfy Rule 702
A district judge in Colorado limited the opinion of a vocational expert because the injuries were obscure and a loss of future earnings capacity could not be deduced from the same. This case arises from a car accident that occurred on July 7, 2020, between Plaintiff and a person who was operating a commercial semi-truck while…
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Life Care Planning Expert Witness Deemed Qualified to Diagnose Plaintiff’s Injuries
A district judge in Missouri allowed a emergency room physician, who also happens to be a certified life care planner, to diagnose the Plaintiff’s injuries and attribute them to the vehicle accident at issue. This matter arises from a January 2021 vehicular collision. A United States Postal Service (“USPS”) employee, driving a delivery truck, rear-ended a…
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Biomechanical Engineering Expert Witness’ Testimony As to General Causation of Injuries held to be Permissible
Plaintiff Ernst Nicolas suffered severe injuries to his cervical spine, lumbar spine, right knee, and left shoulder in a motor vehicle accident that took place on September 1st, 2018, on JF Kennedy Blvd at the intersection with 63rd Street, in Jersey City. Nicolas was a rear seat passenger in a Lyft vehicle when a truck…
