Court Excludes Plaintiff's Sole Expert in Traumatic Brain Injury Case
Baker Sterchi obtained a favorable Daubert ruling for a funeral home and an individual defendant in a personal injury lawsuit filed in the U.S. District Court for the Western District of Wisconsin.
The lawsuit arose from a low velocity rear-end collision. The plaintiff alleged the accident caused a permanent traumatic brain injury and designated a physician specializing in physical medicine and rehabilitation, with certification in brain injury medicine, as the sole expert witness.
During the expert’s deposition, the defense challenged the methodology underlying his opinions, including whether he had adequately considered the plaintiff’s medical history and other potential causes of the reported symptoms. Baker Sterchi subsequently filed a pretrial Daubert motion arguing that the expert had failed to conduct a meaningful differential etiology.
The court granted the motion, excluding the expert’s testimony. Because he was the plaintiff’s only expert witness, the ruling prevented the plaintiff from pursuing damages related to alleged extensive ongoing and future medical care. The case was subsequently resolved favorably for the defendants prior to trial and dismissed with prejudice.
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