Tuesday, May 04, 2004

Second Circuit Upholds Exclusion of Testimony on Penile Implant Failure

The Second Circuit has issued a summary order affirming a district court decision excluding expert testimony on the cause of a penile implant failure. Highlight: "Dr. Feinberg presents little explanation for excluding undue stress on the prosthesis, perhaps caused by John Doe, as a potential cause of its failure." See Doe v. American Medical Systems, Inc., No. 02-7674 (2d Cir. Apr. 30, 2004) (Sack, Sotomayor, & Kaplan, JJ.).

posted by pn at 1:51 AM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.