Wednesday, April 11, 2007

Metallurgist's Medical Device Testimony Admissible but Insufficient, 9th Circuit Holds

The Ninth Circuit has issued an opinion reversing the exclusion of plaintiff's metallurgical testimony on the defectiveness of an intramedullary nail but affirming summary judgment for the manufacturer on causation. See Stilwell v. Smith & Nephew, Inc., No. 05-15000 (9th Cir. Apr. 11, 2007) (Bright, Nelson, & Berzon, JJ.).



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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.