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Articles by Wendy Ketner, M.D.

Discrepancies Between Evidence and Traumatic Brain Injury Expert’s Report Affects Weight, Not Admissibility

Court: United States District Court for the Western District of Texas, El Paso Division Jurisdiction: Federal Case Name: Maes v. Lowe’s Home Ctrs. LLC Citation: 2018 U.S. Dist. LEXIS 127513 In this premises liability case, a rack of rakes fell…

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Plastic Surgery Expert’s Use of Differential Diagnosis is Admissible

Court: United States District Court for the District of South Carolina, Charleston Division Jurisdiction: Federal Case Name: Schaeffer v. Heidi D Williams, MD, LLC Citation: 2020 U.S. Dist. LEXIS 29131 In this medical malpractice case, the plaintiff’s plastic surgery expert…

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Neuropsychologist Expert’s Testimony Challenged as Speculative and for Lacking Certainty

Court: United States District Court for the District of Kansas Jurisdiction: Federal Case Name: Barcus v. Phoenix Ins. Co. Citation: 2019 U.S. Dist. LEXIS 12215 Here, the expert was retained to speak on the plaintiff’s cognitive condition as she observed…

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Court Strikes Stroke Expert’s Speculative Diagnosis Testimony

Court: United States District Court for the Eastern District of Tennessee Jurisdiction: Federal Case Name: Wilson v. GMAC Citation: 2008 U.S. Dist. LEXIS 119995 The plaintiff in this medical malpractice case relied on a stroke expert witness to support his…

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Immunology Expert’s Contradicting Opinions Are Grounds for Exclusion

Court: United States Court of Federal Claims Jurisdiction: Federal Case Name: Jagoe v. Sec’y of the HHS Citation: 2012 U.S. Claims LEXIS 2246 In this case, the plaintiff contends her son developed a neurological disorder after immunizations. The plaintiff’s immunology…

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Family Medicine Expert’s Testimony is Excluded for Basis on Hypotheticals

Court: United States District Court for the Southern District of Texas, Mcallen Division Jurisdiction: Federal Case Name: Flores v. Allstate Tex. Lloyd’s Co. Citation: 229 F. Supp. 2d 697 The expert, however, fails to support his conclusions with testing or…

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Court Deems Plastic Surgery Expert’s Differential Diagnosis Opinion is Within Scope

Court: United States District Court for the District of Kansas Jurisdiction: Federal Case Name: Cohen v. Lockwood Citation: 2004 U.S. Dist. LEXIS 5989 In this medical malpractice case, the defendant seeks to exclude the plaintiff’s plastic surgery expert for allegedly…

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Oncology Expert May Opine on Product Labeling from Physician’s Perspective, Not as to FDA Compliance

In this product liability case, the court must determine whether the oncology expert witness’s testimony is admissible under the Daubert standard. Specifically, the drugmaker defendant asserts the expert’s opinions on alternate dosing schedules and product labeling oversteps his area of…

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Immunology Expert’s Anecdotal Observations Permitted in Opinion on Class-Wide Harm

Court: United States District Court for the District of Kansas Jurisdiction: Federal Case Name: IN RE: EpiPen Epinephrine Injection Citation: 2020 U.S. Dist. LEXIS 40788 The plaintiffs seek to exclude a portion of the immunology expert’s report that draws on…

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Radiology Expert’s Qualifications are Challenged over Deadline Technicality

Court: United States District Court for the Northern District of Mississippi, Oxford Division Jurisdiction: Federal Case Name: Guthrie v. Quitman County Hosp., LLC Citation: 2014 U.S. Dist. LEXIS 183160 In this wrongful death case, the plaintiff moves to exclude the…

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