Tuesday, November 9, 2021

Expert Testimony By Nurses on Future Medical Expenses Allowed

In the case of Jones v. Nicolani, No. CV-2018-007110 (C.P. Del. Co. Oct. 4, 2021 Eckel, J.), the court denied a Defendant’s Motion In Limine filed in a motor vehicle accident seeking to preclude the testimony of two (2) of the Plaintiff’s experts, who were registered nurses who were retained by the Plaintiff to testify as to the estimated future medical costs the Plaintiffs may incurred as a result of the accident.

The Defendants asserted that certain medical cost projections from which these experts’ opinions derived were based upon a source, known as “Context4Healthcare,” that, according to the Defendant, was similar to another source (Fairhealth.org) that had been found by two other courts to be unreliable.

The court in this matter reviewed the record before it, including the Plaintiff’s arguments that the Plaintiffs’ experts had relied upon other sources as well to render their opinions.  In the end, the court noted the Plaintiff's experts had relied upon multiple sources of information and that the Defendants were free to cross-examine these experts on their reliance upon the data in question.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney Joshua D. Baer and Attorney Andrew Baron, both of Simon & Simon, P.C. in Philadelphia for bringing this case to my attention.

Source of image:  Photo by Tingsley Law Firm on unsplash.com.

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