In cases involving highly technical disputes, plaintiffs often retain expert witnesses to testify on the issues at hand. When an expert testified, their testimony is considered evidence that the jury can rely on in reaching a verdict. Not every expert’s testimony, however, is always allowed in court. Sometimes, the other side may move to have your expert’s testimony excluded from the case as a matter of litigation strategy. When such an attempt happens, it is crucial that you ensure that the court applies the proper standard when deciding whether your expert’s testimony is admissible so that you can properly bring your case.
In a recent Eleventh Circuit Court of Appeals decision, the court considered a product liability case involving expert testimony on a surgical device. The plaintiff underwent a robotically-assisted surgical procedure and suffered injuries after it was completed. The medical device used during the surgery was recalled a few months later. The plaintiff sued the manufacturer of the device, seeking money damages to compensate her for the injuries she sustained.
To establish her claim against the manufacturer, the plaintiff retained an expert witness who had significant experience performing the procedure the plaintiff received but with different tools. The manufacturer moved to exclude the expert’s testimony because the expert did not use the instruments at issue in the case, and the district court entered summary judgment in favor of the manufacturer. The plaintiff appealed.