Tuesday, October 5, 2010

Judge Sibum of Monroe County Allows For Expert Causation Testimony on Fibromyalgia

In an August 20, 2010 Order, without Opinion, in the case of Green v. Walls, No. 3512 - Civil - 2008 (Monroe Co. Aug. 20, 2010 Sibum, J.), Judge Jennifer Harlacher Sibum of the Monroe County Court of Common Pleas denied a Defendant's Motion in Limine seeking to preclude a Plaintiff's medical expert from testifying as to the causation of the Plaintiff's fibromyalgia condition as an alleged result of trauma.

I thank the prevailing Plaintiff's attorney, Jeremy D. Puglia, Esquire, of the Doylestown, Pennsylvania law office of Drake, Hileman & Davis, for bringing this decision to my attention.

Anyone desiring a copy of Judge Sibum's Order, without Opinion, may contact me at dancummins@comcast.net.


Here are links to other Tort Talk posts on this issue that show that the emerging trend of the Pennsylvania trial courts is to allow this form of expert testimony on the grounds that the methodology that underlies the expert's conclusion has gained general acceptance in the relevant scientific community:

http://www.torttalk.com/2009/07/trial-courts-continue-to-struggle-with.html

http://www.torttalk.com/2009/09/expert-testimony-on-fibromyalgia.html


Here's a link to a prior Pennsylvania Law Weekly article of mine on the topic, entitled "Fibromyalgia as a Diagnosis in Personal Injury Cases":

http://www.jdsupra.com/post/documentViewer.aspx?fid=7b1fc59d-4789-4f9e-be96-f157818c6d80

No comments:

Post a Comment