Summary: Orthopedic Surgery Expert Witness testimony was allowed even though the plaintiff argued that the doctor did not provide an explanation that splinting was the best course of treatment for the plaintiff’s injuries.

Facts:  This case (Witkin v. Lotersztain – United States District Court – Eastern District of California – June 23, 2022) involves a claim by a prisoner against a medical doctor.  The plaintiff, Michael Aaron Witkin, says that he was injured during a game of flag football and the doctor, J. Lin, did not provide adequate care which violated Witkin’s Eighth Amendment rights.  Witkin states that he fractured a finger on his hand.  The defendant has hired Orthopedic Surgery Expert Witness Alexandra Burgar to provide testimony in this case.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Jails & Prisons Expert Witness allowed to provide testimony in part even though the defendants argued that he did not reliably apply his methodology when assessing the use of force at issue in this case.

Facts:  This case (Jackson et al v. Catanzariti et al – United States District Court – Southern District of Georgia – May 14th, 2019) involves the use of force against two prisoners.  The plaintiffs filed suit against the defendants alleging that the defendants, correctional officers, violated their constitutional right to be free from excessive force while they were incarcerated.  The plaintiffs have hired Eugene E. Atherton (Jails & Prisons Expert Witness) to provide expert witness testimony.  The defendants have filed a motion to exclude this expert from testifying.

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Summary: Automobile Mechanical & Body Repair Expert Witness testimony not excluded even though the defendant argued that the plaintiff’s engine had a different engine than the one tested by the expert.

Facts: This case (Loy et al v. BMW of North America, LLC et al – United States District Court – Eastern District of Missouri – June 29th, 2022) involves a claim that BMW did not disclose that the plaintiff’s engine was defective and which caused it to burn an excessive amount of oil.  Plaintiff Loy argues that BMW knew about the engine issue, did not disclose it to their customers, and did not repair, as required by warranty.  In order to prove her claims, Loy hired Automobile Mechanical & Body Repair Expert Witness Darren Manzari to provide expert witness testimony on her behalf.  BMW filed a motion to exclude Manzari’s testimony under Daubert.

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Summary: Endocrinology Expert Witness not allowed to provide testimony as the defendant argued that the expert’s opinion that soy causes hypothyroidism has not been validated or tested.

Facts:  This case (LOVERDI et al v. MEDIFAST, INC. et al – United States District Court – Eastern District of Pennsylvania – May 15th, 2019) involves a products liability claim.  The plaintiff claims that she developed hypothyroidism from ingesting soy-based dietary products that are manufactured, marketed, and sold by the defendant.  In order to prove her claim, the plaintiff has hired Jonathan Williams, M.D., M.MSc (Endocrinology Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: The court ruled that the testimony of an Obstetrics & Gynecology (OB/GYN) Expert Witness should not be allowed in a medical malpractice case involving a child with cerebral palsy.

Facts: This case (Gonzalez-Arroyo v. Doctors’ Center Hospital Bayamon, Inc. et al – United States District Court – District of Puerto Rico – August 5, 2020) involves a medical malpractice claim.  The plaintiff claims that the defendant hospital and doctor should be held liable for his son’s cerebral palsy which could have been prevented by stopping the child’s loss of oxygen at birth.  In order to prove his case, the plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Barry Schifrin to testify on his behalf.

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Summary: The court ruled that a Medical Toxicology Expert Witness is able to testify in a case involving a possible erratic patient.

Facts: This case (Ashley v. Bridgeport et al – United States District Court – District of Connecticut – July 22nd, 2020) involves an incident where the plaintiff, Ashley, was transported by ambulance to St. Vincent’s Medical Center via the Bridgeport police station. The two parties disagree as to whether the plaintiff’s behavior was combative and erratic and whether taking him to the hospital for psychiatric services was warranted.

The defendant has hired Medical Toxicology Expert Witness Joel R. Milzoff, Ph.D. to provide testimony about the results of toxicology tests performed on the plaintiff.

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Summary: Plaintiff filed suit against defendant related to negligent claims and common law assault and battery.  Plaintiff hired a Hospital Administration Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was denied by the court.

Facts:  This case (Goines v. Lee Memorial Health System et al – United States District Court – Middle District of Florida – February 28th, 2019) involves a civil rights claim.  The plaintiff alleges that the defendant are culpable for common law negligence claims and common law assault and battery.  The plaintiff has hired Dr. Fred Hyde (Hospital Administration Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Plaintiff filed suit against defendants after he was involved in a bicycle accident.  Defendant hired a Bicycle Expert Witness to provide testimony.  Plaintiff filed a motion to exclude.  The Court granted the motion in part and denied the motion in part.

Facts: This case (Sherwood v. BNSF Railway Company et al – United States District Court – February 25th, 2019) involves a bicycle accident.  The plaintiff alleges that as he cycled over a railroad crossing, his front tire lodged in a narrow gap between two cement panels at the crossing, causing him to be thrown over the handlebars and onto the pavement.  The plaintiff has suffered injuries and has sued for negligence.  The defendant has hired Bicycle Expert Witness Timothy Arnold to provide testimony.  The plaintiff has filed a motion to exclude this testimony.

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Summary: Plaintiff filed suit against defendants related to a traffic stop involving a canine.  Plaintiff hired a Dogs Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert’s testimony.  The court denied the motion.

Facts: This case (Jackson et al v. City of Bloomington et al – United States District Court – Central District of Illinois – January 15th. 2019) involves a traffic stop.  The plaintiff was pulled over by the defendant for allegedly failing to make a complete stop at a stop sign.  The police brought a canine unit to the scene to conduct a free-air sniff for drugs.  The plaintiffs allege that the officer did not have a legal justification to search the car and that the city has practices policies and customs of prompting false alerts from dogs and improperly training canines.  The plaintiffs have hired Dogs Expert Witness Lehman Papet to provide testimony.  The defendants have filed a motion to exclude the testimony of this expert witness.

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Summary: Plaintiff Nell Dysart filed suit against defendant Trustmark claiming that it wrongfully foreclosed on and sold her house. Dysart hired a Real Estate Damages Expert Witness to provide testimony on her behalf. Trustmark filed a motion to exclude this expert witness from testifying.  The court denied the motion to exclude.

Facts: This case (Dysart v. Trustmark National Bank et al – United States District Court – Northern District of Alabama – August 19, 2020) involves an alleged wrongful disclosure and sale of a house, owned by the plaintiff Nell Dysart. The plaintiff hired Real Estate Damages Expert Witness Scott Long to provide testimony.

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