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June 2019

Denver Team Successfully Defends Medical Negligence Case Through Rule 702 Motion

Denver attorneys John Palmeri, Jack Mann, and Matthew Broderick successfully defended a birth trauma case resulting in cerebral palsy. The Gordon & Rees team represented an obstetrician in defense of a medical negligence claim. The hospital and pediatrician were also named in the lawsuit. The plaintiff alleged prolonged labor caused cranial compres­sive ischemic encephalopathy (CCIE) resulting in cerebral palsy. The plaintiff disclosed eco­nomic damages in excess of $20 million.

Gordon & Rees' attorneys coordinated a motion under Rule 702 to exclude plaintiff’s experts and their CCIE causation theory. The district judge referred the motion to a special master, who held an evidentiary hearing in which the parties presented medical experts from across the country. Following the evidentiary hearing, the special master determined that the CCIE causation theory was unscientific and recom­mended that the district judge grant the Rule 702 motion. The district judge adopted the special master’s recommendation and excluded testimony from plaintiff’s experts on the CCIE causation theory. Gordon & Rees then coordinated a motion for summary judgment based on lack of medical evidence to establish causation of plaintiff’s injuries. The district judge granted the motion and dismissed the case. The case is now on appeal. 


Matthew J. Broderick
John R. Mann
John M. Palmeri