Tag: Surgery
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Radiology Expert’s Appropriateness of Treatment Opinions Admitted
Plaintiff Sabrina Solomon was involved in a motor vehicle accident (“MVA”) in April 2021 that left her with “a permanent injury to the body as a whole” leading to this underinsured motorist benefits and loss of consortium case. One of Defendant’s expert witnesses, Dr. Richard A. Ofstein, emphasized that Plaintiff Sabrina Solomon’s brain imaging was…
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Neurosurgery Expert’s Testimony About the Cause of Low Back Pain Admitted
Plaintiff Ellen Thomas brought this action against Defendant Smith’s Food & Drug Centers alleging negligence relating to a slip and fall in December 2020. Defendant filed a motion to strike the testimony of Plaintiff’s expert, Dr. James J. Lynch, regarding future possible medical treatment and the cause thereof. Plaintiff saw Lynch, at Swift Institute, on March…
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Orthopedic Surgery Expert Allowed to Testify Despite a Temporary Lapse in Board Certification
This case concerns a personal injury. On July 5, 2021, Plaintiff Cline Cockburn was employed by AmSpec Services, LLC as a petrochemical inspector performing work for Marathon Petroleum Company, LP aboard in rem Defendant the M/V San Roberto, a vessel owned and operated by Defendant Buffalo Marine Service, Inc. (“Buffalo Marine”). At the time, the San Roberto was moored at a…
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Pain Management Expert Witness Permitted to Testify That Plaintiff’s Surgery Addressed His Annular Tear
Plaintiff Matthew Iwaskow was injured in a car accident on December 4, 2015. Iwaskow sought insurance proceeds that he alleged he is entitled to under his policy’s underinsured motorist bodily injury coverage. On November 27, 2023, Safeco filed a Federal Rule of Evidence 702 motion seeking to exclude three opinions of Iwaskow’s retained medical expert, Jeffery Petersohn, namely,…
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Orthopaedic Surgery Expert Witness’ Testimony about the Severity of the Collision Admitted
A district judge in Nebraska admitted the testimony of an orthopedic spine surgeon despite lacking the required education, training and experience in physics, engineering, accident reconstruction or biomechanics. Plaintiffs, Lisa Rentz Johnson and George Johnson, have brought a personal injury lawsuit involving an accident between two tractor-trailers in a parking lot. Lisa alleged she sustained…
