Tag: Scientific
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Epidemiology Expert’s Opinion on Religious Objection to COVID-19 Vaccine Excluded
Kevin McCormick has sued his former employer, the Chicago Transit Authority. During the COVID-19 pandemic, the CTA established a policy requiring its employees to be vaccinated against the virus. McCormick sought a religious-based exemption from the requirement. The CTA concluded that McCormick had not shown that his request for an exemption was actually religion-based and…
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Obstetrics and Gynecology Expert’s Testimony on Mesh Porosity and Stiffness Admitted
Connie Thacker is one of tens of thousands of individuals who have filed suit against Ethicon for injuries after treatment with Ethicon’s pelvic mesh devices. Thacker filed a motion asking the Court to preclude defense expert Dr. Salil S. Khandwala from offering testimony on certain subjects. Obstetrics and Gynecology Expert Witness Dr. Salil Siddhartha Khandwala…
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Elevator Expert’s Twice-a-Year Inspection-Frequency Opinion Admitted
Sebastian Symeonides got stuck in a malfunctioning elevator at the Trump International Hotel in Las Vegas for 20 minutes on Valentine’s Day 2022, which also happened to be his wedding day. So he sued Trump Ruffin Commercial LLC and its affiliated entities, along with Otis Elevator Corporation for negligence and products liability. His claims are…
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Otolaryngology Expert Testimony Excluded Due to Ruling Out COVID as Cause of Injuries
Carlos Gordoa and Ariani Reyes, along with their minor son, B.G., filed this personal injury action on May 16, 2022. Plaintiffs alleged that, while wearing his Apple AirPods Pro (1st generation) (“AirPods Pro”), their minor child B.G. experienced a transient, seconds-long exposure to an Amber Alert that apparently caused profound and permanent hearing loss in…
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Evaluating PTSD Imaging Experts: A Rule 702 Court Decision
In a recent legal dispute, the admissibility of expert testimony regarding medical imaging and its correlation to PTSD research was challenged. Specifically, this case highlights the importance of timeliness and the application of Rule 702 of the Federal Rules of Evidence in evaluating expert qualifications and the reliability of their opinions. Initially, the Defendant filed…
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Court Admits Economics Expert Witness’ Analysis of Plaintiff’s Postinjury Economic Capacity in the Absence of the Incident
The present lawsuit involves a tort dispute arising from an incident in which Andrés González-Pérez (“Plaintiff” or “González”) was allegedly injured after he fell from a poorly maintained ladder that provided access to a vessel owned and operated by Harley Marine Financing LLC (“HMF”) and Harley Marine NY, Inc. (“HMNY,” collectively “Defendants” or “Harley Marine”).…
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Psychology Expert Witness’ Testimony About the Research on the Reliability of the Field of Firearm and Toolmark Identification Admitted
Defendant Adrian Garcia was charged in a three-count indictment for an alleged carjacking that occurred on May 22, 2022: The Government stated it would present evidence showing the offender possessed a firearm, used it during the carjacking, and discarded it while fleeing. Police later recovered the firearm at the scene. The Government retained firearms and…
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Toxicology Expert Witness’ Testimony Related to Cannabis and Workplace Deficiencies Admitted
On February 22, 2021, Justin Demary was working for Freedom Trucks of America, LLC (“Freedom Trucks”). He was asked to wash out a tank truck owned by Freedom Trucks. It appears that there is a dispute as to whether Justin was asked to wash the tank truck, or he entered the tank truck of his…
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Mechanical Engineering Expert Witness’ Testimony Excluded Because He Lacks Extensive Experience in Metallurgical Science
This is a products liability case involving an articulating (i.e., multi-position) ladder manufactured by Little Giant Ladder Systems, LLC. On November 10, 2021, Jason Adams fell from a Little Giant ladder and suffered injuries. Adams asserted that he was using the ladder in the usual and ordinary manner when the rung on which he stood…
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Pharmacy Expert Witness’ Testimony Excluded for Rejecting Published, Peer-Reviewed Ranitidine Epidemiology
Plaintiff alleged that his use of the antacid medication Zantac caused him to develop prostate cancer because Zantac’s active ingredient, ranitidine, has been found to degrade N-nitrosodimethylamine (“NDMA”). Brand Defendants’ filed a motion to exclude Plaintiff’s expert Dr. Steven Bird under Daubert. Pharmacy Expert Witness Steven Bird is a lead epidemiologist at the Food and…
