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Schachter, Hendy & Johnson, Attorneys At Law

Daubert Motion in Pain Pump Case Found for Plaintiff

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Our firm recently prevailed on a Daubert motion in a pain pump case in federal court in the eastern district of Kentucky.  A Daubert motion refers to the situation when the expert witnesses are challenged and can be excluded from trial.  We have now prevailed on two of these motions, which is more than any other law firm in the country.

During the trial, we submitted testimony from an orthopaedic surgeon on behalf of our plaintiff. The defendant filed a motion to have the testimony excluded, but the motion was denied.

In 2007, Chelsea Zink underwent arthroscopic surgery on her right shoulder. Her surgeon, Dr. Bruce Holladay, ordered Zink to receive a local anesthetic into her shoulder joint approximately 48 hours after surgery. The anesthetic was delivered through a catheter attached to a shoulder pain pump manufactured by the defendant, Sorenson Medical Products. Zink suffered from chondrolysis as a result of the procedure.

The expert testimony of Dr. Jason Dragoo, an orthopaedic surgeon at Stanford University was given. However, the defendant filed a motion to have Dragoo’s testimony excluded citing that Dragoo’s opinion was unreliable. The defendant cited that Dragoo was not qualified or competent in the matter.

On May 7, 2010, the defendant’s motion to have Dragoo’s testimony thrown out was denied by the court. Therefore, Dragoo’s testimony will be included in Zink’s case in an effort to hold the defendant liable.

If you or someone you know has been injured by the use of a shoulder pain pump, you should contact one of our experienced Northern Kentucky injury attorneys at the Law Office of Schachter, Hendy & Johnson at (859) 578-4444 or (888) 606-5297.
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