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Nov 14, 2014

Summary Judgment Obtained after Plaintiff's Experts Stricken under Daubert

Baker Sterchi obtained summary judgment in a medical device product liability case filed in the United States District Court for the Western District of Missouri following two successful motions striking plaintiff’s liability and causation experts. Plaintiff brought suit against our client, a manufacturer of a surgical suture, alleging suture material used in his knee surgery was contaminated and caused an alleged post-operative infection.  Plaintiff identified two experts to support his claims, a medical doctor and an organic chemist/materials scientist.  Following the deposition of plaintiff’s experts, motions to exclude the experts’ opinions primarily focused on the experts’ lack of qualifications and the methodologies utilized.  The exclusion of plaintiffs’ experts was the foundation of our motion for summary judgment, which the Court granted finding plaintiff lacked the requisite evidence of defect and causation.

Thomas N. Sterchi
Thomas N. SterchiSenior Counsel 816.471.2121
Kara T. Stubbs
Kara T. StubbsMember 816.471.2121

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