Hamilton, Miller & Birthisel (“HM&B”) attorneys successfully argued and won a Motion to Exclude the testimony of the Plaintiff’s liability expert in a Jones Act Seaman case.  The Plaintiff, who was represented by Steven Dunn, Esq., alleged that she contracted a kidney disease (IgA Nephropathy) as a result of the medical malpractice of the ship’s doctor in treating an alleged MRSA Staph skin infection.  The Plaintiff’s expert, Warren Kupin, M.D., who is the Chief of the Kidney Transplantation Department, at the University Of Miami School Of Medicine offered an opinion that the Plaintiff’s kidney condition was caused by her prolonged MRSA infection. 

Dr. Kupin’s opinion was the only opinion in the case which made the link between the alleged negligence of the ship’s doctor and the kidney disease which the Plaintiff later developed.    After an all day evidentiary hearing, and listening to the testimony of  four nephrologists, Judge Pedro Echarte ruled that the Plaintiff failed to meet her burden to establish that Dr. Kupin’s causation opinions met Frye.   The court adopted HMB’s  closing argument as its findings of fact and conclusions of law.  The ruling was significant, in that, the court affirmed that even though there was a relaxed causation standard in a Jones Act case, the opinions of Plaintiff’s medical experts still had to be Frye tested. A Motion for Final Summary Judgment is pending before the Court based upon the Court’s exclusion of Dr. Kupin’s opinions.