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Cases using phrasing similar to:
"That first step, establishing a link between Bendectin and human birth defects (general causation), is missing here."

  Ranes v. Adams Laboratories, Inc. - IA

Decided: 2/5/2010

In making a clinical diagnosis, it is common practice among medical experts to perform a differential diagnosis[3] by developing a "list of all the possible 696*696 diseases that could produce the observed signs and symptoms," then comparing the expected clinical findings for each of the possible diseases with the patient's actual symptoms and test results. ... Although Dr. Thoman is not a specialist in neurology, he may nevertheless be qualified to offer an expert opinion on the cause of Ranes' alleged injury if he otherwise has adequate knowledge, skill, experience, or training that would aid the jury in deciding if Ranes' injuries were in fact caused by PPA. An expert's qualification "should always relate to his or her background, education, and experience, rather than to a label which may be applied to a profession or trade."

Cited 11 times

  Ranes v. ADAMS LABORATORIES, INC. - IA

Decided: 2/5/2010

see also Bonner v. ISP Techs., Inc., 259 F.3d 924, 929 (8th Cir. 2001) ("The rule's concern with `scientific knowledge' is a reliability requirement, while the requirement that the evidence `assist the trier of fact to understand the evidence or determine a fact in issue' is a relevance requirement.") Second, the court must determine if the witness is qualified to testify "as an expert by knowledge, skill, experience, training, or education." ... In making a clinical diagnosis, it is common practice among medical experts to perform a differential diagnosis[3] by developing a "list of all the possible diseases that could produce the observed signs and symptoms," then comparing the expected clinical findings for each of the possible diseases with the patient's actual symptoms and test results.

Cited 0 times