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Pediatric Neurologist Expert Witness: Hypoxic-Ischemic Encephalopathy (HIE) Causation

Brian Woodruff, MD  Hypoxic-ischemic encephalopathy (HIE) DEFINITION Neonatal encephalopathy is a clinical syndrome characterized by “a subnormal level of consciousness or seizures, and often accompanied by difficulty with initiating and maintaining respiration and depression of tone and reflexes.” (Swaiman) When it is caused by deprivation of oxygen to the brain, the diagnosis is hypoxic-ischemic encephalopathy… read more

Treating Physician Called to Testify: Paid for Time

Steven Babitsky ,Esq. The US District Court D. Kansas dealt with a sexual harassment and retaliation claim. The treating physician was called to testify at deposition. The defense offered to pay $40, the statutory “fact witness rate.” The court rejected this attempt and ordered payment for the doctor’s time. The court stated: In her request… read more

Expert Witness: Wrongful Refusal to Proceed with Deposition. $28,000 Award.

Steven Babitsky, Esq. The United States District Court, S.D. New York dealt with an expert witness Dr. Ho who refused to answer certain questions at her deposition. The court found the refusal unreasonable and ordered the plaintiff to pay $28,207 in attorney fees and costs. The defense sought $107,000 in fees. The court stated: Earlier… read more

Video-conference Deposition of Expert Ordered

Steven Babitsky, Esq. The Illinois District Court in Sonari Systems v. Romano, no. 16-cv-3371 ND Ill July 13, 2020 dealt with a request for an in-person deposition of an expert witness. The court reviewed the numerous travel and safety issues resulting from the ongoing pandemic and found that the expert need not appear in person… read more

Expert Witness: Second Deposition of Expert

Steven Babitsky, Esq. The U.S. District Court, New Mexico, dealt with a request to depose an expert witness twice; once after his report and once after his rebuttal report. The court denied the motion for a protective order and permitted a limited second deposition. The court stated: Here, the Court finds that WALH has failed… read more

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