Gonzalez-Arroyo v. Doctors' Center Hospital Bayamon, Inc., No. 21-1689 (1st Cir. 2022)
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The First Circuit affirmed the judgment of the district court granting the motion in limine and motion for summary judgment brought by Defendants, Doctors' Center Hospital Bayamon and Dr. Benito Hernandez-Diaz (together, the Hospital), holding that the district court did not err or abuse its discretion.
Plaintiff brought a medical malpractice action on behalf of her child and against the Hospital claiming that the Hospital failed to treat the child's oxygen-loss at birth, causing him serious cognitive injury. At issue was the decision of the district court granting the Hospital's motion to strike Plaintiff's expert's report and testimony on the grounds that it was speculative and otherwise failed to conform to established rules for such reports. The First Circuit affirmed, holding that the district court (1) did not abuse its discretion in excluding the expert testimony was unreliable; (2) did not err in granting summary judgment for the Hospital; and (3) did not err in denying Plaintiff's motion for reconsideration.
The court issued a subsequent related opinion or order on December 1, 2022.
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