Appleton Litigation Team Wins Key Daubert Motion Which Ends Lawsuit
Appleton, WI. – Hinshaw & Culbertson LLP successfully got a medical malpractice lawsuit dismissed against a physician client last week after their Daubert motion was granted by the trial court. The case involved an allegation that a medical doctor failed to timely diagnose kidney cancer in a middle-aged man leading to substantial damages.
The Appleton litigation team of Patrick F. Koenen, Matthew N. Kees, prepared a Daubert motion seeking to preclude the testimony of the plaintiffs' causation expert on the grounds his opinions were not the product of reliable principles and scientific methods required by Wis. Stat. § 907.02 (adopting Rule 702 of the Federal Rules of Evidence and the principles of U.S. Supreme Court case Daubert v. Merrill Dow). After making this ruling, the trial court judge determined the case could no longer proceed to a jury and the matter was dismissed on the merits. The parties aggressively litigated this case for almost two years and the case was dismissed approximately one week prior to trial.