Judge Bars Deceased Expert’s Report In Medical Treatment Lawsuit, Denies New Discovery

(April 12, 2016, 11:51 AM EDT) -- CHICAGO — Despite the death of its expert, a health care provider may not engage in new expert discovery in a lawsuit over its medical treatment practices because its original expert’s report failed to meet the standards of Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 [1993]), an Illinois federal judge ruled April 7, excluding the deceased expert’s report (Donald L. McDonald v. Wexford Health Sources, Inc., et al., No. 09-4196, N.D. Ill.; 2016 U.S. Dist. LEXIS 47286)....

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