Daubert / Frye Motions

Exclusion of Opposing Medical Expert Testimony – Unproven Practices

Challenge:

A physician has provided treatment and expert testimony in several matters where exposure to mold has been alleged as a causative factor for a multitude of health effects. We have been engaged to oppose this medical expert in a number of these cases. We noted that the treatment protocols, expert reports, and expert testimony generated by this physician were not based on sound science and were not generally accepted within the medical community.

Solution:

We suggested to several of our clients that a Daubert/Frye motion to exclude the physician's testimony would be appropriate. We provided affidavits to support the motion. Five of our clients have been successful in getting the testimony of this physician excluded; the exclusions have been ordered in jurisdictions in several states and Canada.

Reflection:

Our medical and scientific expertise and our decades of real-world experience give significant weight to the strategic guidance our team provides to our clients. We contribute significantly to the matter by educating our clients about relevant issues in ways that help achieve optimal solutions. In this matter, our affidavits, based on scientifically- and medically-sound arguments, enabled our client to win judicial support for the motions to exclude the opposing medical expert.

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