Nursing Expert’s Testimony Would Not Assist the Jury in Determining Whether the Plaintiff has a Disability
Posted on March 26, 2025 by Expert Witness Profiler
Bernice McLaurin has sued her former employer, the Veterans Affairs Medical Center (VAMC) in Jackson, Mississippi, claiming racial discrimination and discrimination based on an unspecified medical disability. McLaurin, an African-American, was hired as a clinical pharmacist at the G.V. Sonny Montgomery Medical Center in Jackson (VAMC) on May 12, 2019, with a one-year probationary period. Her employment was terminated on May 8, 2020, with the stated reason being her absence without leave (AWOL) and failure to return to work after being directed.
In substantiation of her claimed disability, the Plaintiff has furnished an expert report prepared by Ticonna Purdle, a nurse practitioner. Within this report, Purdle opines that the Plaintiff’s medical documentation indicates chronic airway symptoms post work-related exposure to Peridox. Purdle further notes the Plaintiff’s diagnosis of bronchiolitis and the pulmonologist’s findings of allergic rhinitis, postnasal drip, shortness of breath, and respiratory symptoms suggestive of asthma. Additionally, Purdle states that the Plaintiff experiences chronic cough and respiratory symptoms, and she attributes these conditions to exposure to Peridox.
The Defendant, however, disputes Purdle’s conclusions, maintaining that she lacked the ability to substantiate the Plaintiff’s disability or the connection between Peridox exposure and her respiratory issues. As a result, the Defendant has filed a motion to exclude Purdle’s opinion, asserting its failure to satisfy Daubert‘s relevance standard.
Nursing Expert Witness
Ticonna Purdle, the founder of Nursing Speaks Incorporated and an advanced practice nurse, is also an American Heart Association (AHA) CPR instructor, a nurse practitioner, and a member of the American Public Health Association and Sigma Theta Tau International, the honor society of nursing. With over 20 years of experience in long-term, acute, and outpatient healthcare settings, she brings a wealth of expertise to her field.
Discussion by the Court
The Defendant presented excerpts from Ticonna Purdle’s deposition. In her testimony, Purdle acknowledged that while the Plaintiff reported symptoms suggestive of a chronic inflammatory airway condition, and her medical records “indicate a possible chronic respiratory inflammatory condition,” she was unaware of any formal respiratory diagnosis for the Plaintiff. Purdle also agreed that a January 26, 2020 CT scan initially suggested “findings supportive of respiratory bronchiolitis,” an inflammation of the small airways in the lungs, but the Plaintiff’s pulmonologist subsequently reported she did “not appreciate evidence of respiratory bronchiolitis” from the February CT scan, which was otherwise “unremarkable except for a single tiny granuloma right mid lung.”
Furthermore, Purdle stated that despite various potential diagnoses noted in the medical records, she “[could not] infer a condition based off of the record review and the current information I have today” and could not confirm the Plaintiff’s suffering from a respiratory condition. Considering these candid admissions by Purdle, it is clear her testimony would not assist the jury in determining whether the Plaintiff has a disability. Consequently, the Court granted the motion to exclude her report and opinion. The Plaintiff’s complaint in this cause was dismissed with prejudice by the Court.
Held
The Court granted the Defendant’s motion exclude the testimony of Plaintiff’s expert, Ticonna Purdle.
Key Takeaway:
Bernice McLaurin’s lawsuit against the Veterans Affairs Medical Center (VAMC) for racial discrimination and disability discrimination was ultimately dismissed. The Court granted the VAMC’s motion to exclude the expert testimony of McLaurin’s nursing expert, Ticonna Purdle, because Purdle’s own deposition testimony revealed that the Plaintiff has not been diagnosed with any respiratory condition, and the medical records do not otherwise tend to demonstrate the existence of a disability based on Plaintiff’s alleged respiratory symptoms.
Case Details:
| Case Caption: | McLaurin V. McDonough |
| Docket Number: | 3:23cv281 |
| Court: | United States District Court, Mississippi Southern |
| Order Date: | February 13, 2025 |
