January 2011 Archives

A Boone County court should have allowed testimony from an expert witness called by the plaintiff in a wrongful death lawsuit against Columbia Orthopaedic Group and a doctor employed there, the Missouri Supreme Court ruled yesterday.

In a unanimous opinion, the court ruled that Boone County Circuit Judge Gary Oxenhandler should have allowed the testimony of a doctor called by the family of Gerald Kivland, a Florida resident who received surgery from Robert Gaines, a surgeon employed by Columbia Orthopaedic Group.

Read more: columbiatribune.com.

ESPNblogs.com reports the stress fracture Tom Brady had screwed together in his right foot Thursday was no minor injury.  ESPN injury analyst Stephania Bell surmised Thursday night that the quarterback played much of the 2010 season in agony.  Bell is familiar with the procedure Brady underwent -- a screw inserted in the navicular bone of his right arch -- and said it was the same operation Boston Red Sox second baseman Dustin Pedroia is recovering from. The surgery was done to avoid a more complicated procedure that could have cost him practice time and perhaps games in 2011 if not treated quickly.

Medical analyst Dr. Michael Kaplan told ESPNBoston.com reporter Mike Reiss "You can't stress this area until it's done healing or prematurely load it because you don't want the screw to break  If you break the screw, it would be horrific."

Read more:  espnblogs.com.

Members of the Wisconsin Assembly and Senate Judiciary committees yesterday held a public hearing on special session bills relating to tort reform, certain provisions of which the State Bar of Wisconsin opposes. The State Bar’s Board of Governors has established public policy positions opposing three provisions included in the bill: Strict Liability/Product Liability, Limits on Noneconomic Damages, and Expert and Lay Witness Testimony.

The special session bill provisions would essentially conform Wisconsin law regarding the opinions of lay and expert witnesses to Federal Rule of Evidence 702.

In 2003, the State Bar’s Board of Governors adopted a public policy position opposing legislation substantially similar to the provisions of the special session bills. The State Bar believes that any such changes to rules relating to expert and lay witness testimony are best addressed by Wisconsin Supreme Court rules, not legislatively.

Under state law, expert witness testimony is generally admissible if: (1) it is relevant (2) the witness is qualified as an expert and (3) the evidence will assist the jury in determining an issue of fact.  The reliability of the evidence is a weight and credibility issue for the jury, and any reliability challenges are made through cross-examination or other means of impeachment.

Read more: wisbar.com.

A new kind of ceramic implant that will last longer and have less side-effects may revolutionize hip replacement surgery. Medical expert and MOIT Hospital director of hip arthroplasty, Dr Prithvi Mohandas, Chennai, India, said with negative feedback on metal implants in various science journals, the hospital is now focusing on ceramic implants to cure Anklylosing Spondylitis and Avascular Necrosis and has performed five surgeries using the implants in the last four weeks. He said the hospital is the first in Asia Pacific to try out ‘Delta Motion’ ceramic implant that could last lifetime.

Although the United States Food and Drug Administration is yet to give clearance, European and Australian regulators have okayed it and more than 440 surgeries are taking place every year. “In the United States, the clearance will take about six months,” Dr Mohandas said.

Read more:  www.expressbuzz.com.