Appleton Litigation Team Wins Key Daubert Motion Which Ends Lawsuit

January 22, 2015

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 and 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.

Hinshaw & Culbertson LLP is a U.S. based law firm with offices in 11 states and London. The firm's national reputation spans the insurance industry, the professional services sector—including representation of law firms and lawyers—and other highly regulated industries, such as banking and finance and the debt collection sector. Hinshaw also provides a series of closely coordinated litigation, business advisory and transactional services to clients of all sizes as well as governmental and public sector entities.