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First Circuit holds expert testimony, based on odds ratios from published studies, that drug treatment increases chances of recovery by more than 50 inadmissible to prove patient more likely than not would have recovered with treatment
  • Foley Hoag LLP
  • USA
  • April 17 2012

In Samaan v. St. Joseph Hospital, 2012 WL 34262 (1st Cir. Jan. 9, 2012), plaintiff suffered a stroke while flying from Milan to New York and was treated at a hospital in Maine after his flight was diverted there.


First Circuit reverses trial court decision to exclude expert from testifying based on pro-plaintiff bias, holding focus of inquiry should be on expert’s specialized knowledge and whether testimony will assist jury in understanding fact in issue
  • Foley Hoag LLP
  • USA
  • January 31 2011

In Cruz-Vasquez v. Mennonite General Hospital, Inc., 613 F.3d 54 (1st Cir. 2010), plaintiffs sued a hospital and two physicians in the United States District Court for the District of Massachusetts, asserting medical malpractice and Emergency Medical Treatment and Active Labor Act claims after their daughter died two days after her premature birth.