Wednesday, February 23, 2005

"Great Red Flags of Fraud"

The indispensable Legal Reader reports on what Judge Janis Graham Jack, the judge presiding over the multidistrict silicosis litigation in the Southern District of Texas, has called "great red flags of fraud" among the plaintiffs' medical experts. The allegations, explored during three days of Daubert hearings in December, are that the radiologists who have been screening claims for plaintiffs' counsel are running diagnosis mills. One expert testified that he never intended any of his 3700+ "B-reader" reports to indicate a diagnosis of silicosis. Other B-readers have reportedly diagnosed asbestosis or silicosis in the same patients, depending on the litigation occasion. The Legal Reader post links to a LexisOne article reporting on further details and the state of procedural play.


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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.