Showing results 1-7 of 7.
Cases using phrasing similar to:
"Differential diagnosis is a patient-specific process of elimination that medical practitioners use to identify the "most likely" cause of a set of signs and symptoms from a list of possible causes."
District Court Decision: Excluded
Appellate Court Decision: Affirmed
Following Joiner, we held that "when an expert opinion is based on data, a methodology, or studies that are simply inadequate to support the conclusions reached, Daubert and Rule 702 mandate the exclusion of that unreliable opinion testimony." ... "[W]hen an expert opinion is based on data, a methodology, or studies that are simply inadequate to support the conclusions reached, Daubert and Rule 702 mandate the exclusion of that unreliable opinion testimony."
Pursuant to Rules 702, and 703 of the Federal Rules of Evidence, and as outlined in Daubert, 509 U.S. at 579, 113 S.Ct. 2786, and its progeny, Plaintiffs Zelinger and Roberts, as the proponents of the expert testimony, have failed to meet their burden of proof of establishing that the opinions of Drs. Kassan, Klapper, Hoffman, Guidoin, and Blais: (1) are based on valid, scientific principles and reliable scientific methods, processes, reasoning, and data; (2) are based upon data reasonably relied upon by experts in the field, and (3) would assist the trier of fact in resolving a factual dispute in these actions. ... Daubert sets forth several non-exhaustive factors to assist trial courts in determining whether a theory or technique constitutes "scientific knowledge" within the meaning of Rule 702, including whether the methodology, principles and reasoning underlying the proposed experts' opinions: (1) can be and have been empirically tested; (2) have been subjected to peer review and publication; (3) have a known or potential rate of error; and (4) have gained general acceptance in the relevant scientific community.
The Supreme Court in Daubert explained that Federal Rule of Evidence 702 allows the admission of expert testimony only if: (1) the expert is competent and qualified to testify regarding the matters that he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable; and (3) the expert, through scientific, technical or specialized expertise, provides testimony that assists the trier of fact to understand the evidence or determine a fact in issue. ... Defendant contends that Plaintiffs' experts' testimony fails to meet the Daubert standards for admissibility because Plaintiffs' experts (1) have failed to provide any evidence, either published or unpublished, that Parlodel® increases one's risk of stroke; (2) rely on uncontrolled and unreliable spontaneous reports and anecdotal case reports as the basis for their opinions; and (3) cannot show that their opinions have an acceptable error rate or are otherwise generally accepted.
Daubert thus teaches that "`the trial judge must determine whether [an expert's] opinion was grounded in the "methods and procedures of science," Daubert, [cite] and whether such testimony had sufficient `factual underpinnings.'" ... The principle of Daubert is merely that if an expert witness is to offer an opinion based on science, it must be real science, not junk science.
As with his theory of disease, Dr. Hyman's methodology evokes strong and consistent criticism from the defense experts: (1) other than Dr. Hyman and Dr. Deming, no other doctor, nor hospital nor medical laboratory recognizes his procedures as scientifically valid; (2) Dr. Hyman has failed to conduct blinded control studies to validate his procedures; (2) his procedures do not protect against contamination of the urine samples, i.e. in Pick's case, they were collected by Pick himself, at home, with no documented supervision; (3) centrifuging the urine isolates and highlights contaminating organisms; (4) his 1-4 scale is wholly subjective and unable to be validated by independent researchers; (5) his claim that his theory is affirmed by positive results from treatment has not been documented and even assuming improvement occurs, he doesn't take into account the placebo effect, the body's own natural defenses or the other treatment the patient receives besides his antibiotics. ... The defendant, AMERICAN MEDICAL SYSTEMS, INC. ("AMS"), has filed a motion (1) to exclude testimony by plaintiffs' experts regarding whether Barry Pick's penile prothesis caused him to develop autoimmune disease and/or systemic coccal disease; (2) and for summary judgment dismissing those particular claims.
However, in determining whether an expert's testimony is scientifically reliable, an appellate court must necessarily look beyond any magic words and look at the numerous factors that have been developed in Daubert, Robinson, and Havner. ... The trial court excluded the plaintiff's experts based on Daubert and granted the defendant's motion for summary judgment.
Generally, "an expert need not rule out every potential cause in order to satisfy Daubert," as long as the expert's testimony "address[es] obvious alternative causes and provide[s] a reasonable explanation for dismissing specific alternate factors identified by the defendant." ... On November 18, 2013, Defendant also filed a related Motion to Exclude Testimony of Plaintiff's Case Specific Experts ("Motion to Exclude," Doc. No. 61) and a Motion for a Daubert Evidentiary Hearing (Doc.