Requiring an Expert to Have Experience with the Specific Product at Issue is “Too High” a Standard
By EsqSocial Corporation 27/05/21
On April 22, 2021, the U.S. Court of Appeals for the 11th Circuit found in Moore v. Intuitive Surgical, Inc., Case No. 1:15-cv-00056-LAG (11th Cir. April 22, 2021), that a surgeon serving as an expert who had not used the specific surgical tool at issue in the litigation was not automatically disqualified under the Daubert expert admissibility standard due to his lack of experience using the tool in prior surgeries. Under the Daubert standard, the courts generally follow a three-prong test to...
By: Cozen O'Connor