Attorneys Richard Margulies and Gregory Dachko obtained summary judgment for a hospital in a birth injury case in federal court in the Eastern District of Pennsylvania. The plaintiffs alleged that obstetricians negligently performed a delivery resulting in the child suffering a permanent brachial plexus injury. The hospital filed a summary judgment motion seeking to strike the opinions of the plaintiffs’ experts relating to standard of care and causation under the Daubert standard, challenging the opinions of the experts that the child’s injuries were caused by excessive force applied by the physicians at the time of birth. The Court granted the motion, concluding that the opinions of the plaintiffs’ experts were speculative and not based on reliable scientific evidence.
