Court: United States District Court for the Southern District of FloridaJurisdiction: FederalCase Name: Cosmo v. Carnival CorpCitation: 2017 U.S. Dist. LEXIS 179587
This case involves a passenger injury that occurred on a Carnival cruise ship in August of 2015. The plaintiff, Wayne Cosmo, slipped and fell while participating in a scavenger hunt activity on the ship’s pool deck. Cosmo subsequently brought a negligence claim against Carnival alleging that as a result of the injuries he sustained while aboard the ship, he suffered debilitating and permanent medical complications. These complications included “surgery of a right distal radius comminuted intra-articular fracture, distal ulnar non-displaced fracture, complex regional pain syndrome, right-hand neuropathy, right-hand carpal tunnel syndrome, depression, anxiety, and exacerbation of his pre-existing ulcerative colitis.”
Both parties retained a number of experts, and both parties challenged the opposing experts’ testimony. The plaintiff challenged one of the statements made by the defendant’s gastroenterology expert in his report.
The defendant’s gastroenterology expert reviewed the plaintiff’s medical records relating to gastrointestinal complaints. In his report, the expert mentioned that the lack of consistency in the patient’s symptoms. He also stated that the entirely normal colonoscopy/pathology in the setting of the lawsuit inescapably raised the prospect of an inaccurate history prompted by the plaintiff’s potential for secondary gain.
The plaintiff objected to this statement, claiming that it was an improper accusation of financial incentivization that was inadmissible and a violation of law. The plaintiff argued that the expert gastroenterologist’s opinions created the possibility of the jury considering secondary gain as an explanation for the plaintiff’s claims. However, this case was triable by the court rather than a jury. Given the absence of possible jury confusion or prejudice, and the fact that the gastroenterology expert predicated his “secondary gain” explanation on the objective medical findings, the plaintiff’s motion to strike the expert’s report. The court found no reason to strike this portion of the expert opinion and deferred to the district judge’s discretion the weight to which it may be entitled.
About the author
Zach Barreto
Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.
Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.
At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.
Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.
