Court Refuses to Exclude Maternal Fetal Medicine Expert Witness’ Testimony Regarding the Use of Forceps
Posted on November 19, 2024 by Expert Witness Profiler
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for prenatal care and labor of Plaintiff Jenna Grenier (“Jenna”), and the subsequent delivery of J.A.G.
Severe physical injuries sustained by Jenna Grenier and J.A.G. are alleged as well as the negligent infliction of emotional distress to Plaintiff Tyler Grenier (“Tyler”) and Jenna; Plaintiffs’ loss of filial consortium; and Tyler’s loss of spousal consortium.
Plaintiffs sought to exclude testimony by Defendant’s expert witness, Cole D. Greves, M.D., as to two opinions that he has rendered: first, that the use of forceps did not cause the Minor Plaintiff’s injuries (“Opinion No. 8”); and second, his experience would suggest that the Minor Plaintiff’s injuries could be related to the E. coli infection and ensuing sepsis and potentially lead to additional challenges through his life course, and his Apgar scores suggest a significant hypoxic event or metabolic acidosis at birth.
Maternal Fetal Medicine Expert Witness
Cole Douglas Greves, MD, FACOG is a clinical perinatologist, medical director of the hospital’s antepartum and women’s intensive care unit, and assistant director of medical education. He also serves on the faculty of the University of Central Florida College of Medicine.
Greves completed his undergraduate degree at the University of Minnesota in Minneapolis and earned his medical degree from the University of North Dakota School of Medicine in Grand Forks, North Dakota. He completed his residency at Orlando Health and a fellowship in maternal fetal medicine at the University of Rochester – Strong Memorial Hospital in Rochester, New York.
Greves has conducted extensive research during his career. Currently he is the principal investigator on a Cesarean section study and co-investigator on a sepsis study. He also is a frequent presenter at medical conferences and meetings.
Discussion by the Court
Plaintiffs argued that Greves is not qualified to render opinions regarding alternative explanations for the Minor Plaintiff’s injuries nor the “life course” for the minor plaintiff and thus his opinions are barred by Rule 702 of the Federal Rules of Evidence.
Since this matter is a non-jury trial, the Court held that there is less need for scrutinizing reliability prior to trial.
Therefore, the Court can evaluate during trial the credibility and reliability of Greves.
Held
The Court denied the Plaintiff’s motion to exclude testimony by Defendant’s expert witness, Cole D. Greves, M.D.
Key Takeaway:
Since this matter is a non-jury trial, the credibility and reliability of Greves’ opinions regarding alternative explanations for the Minor Plaintiff’s injuries or the “life course” for the Minor Plaintiff can be evaluated during trial.
Please refer to the blogs previously published about this case:
- Obstetrics and Gynecology Expert Witness’ Opinions Admitted Because they Pertain to the Issue of Medical Standard of Care
- Obstetrics and Gynecology Expert Witness Barred from Testifying About Plaintiff’s Expressed Desire for Cesarean Delivery
- Neuropsychology Expert Witness’ Opinion on Future Care Excluded
- Neonatology Expert Witness is Not Qualified to Provide Opinions Regarding the Standard of Care for Obstetrics
Case Details:
| Case Caption: | Grenier Et Al V. United States Of America |
| Docket Number: | 1:22cv396 |
| Court: | United States District Court, Hawaii |
| Order Date: | November 17, 2024 |
