Orthopedic Surgery Expert Allowed to Testify Despite a Temporary Lapse in Board Certification

This case concerns a personal injury. On July 5, 2021, Plaintiff Cline Cockburn was employed by AmSpec Services, LLC as a petrochemical inspector performing work for Marathon Petroleum Company, LP aboard in rem Defendant the M/V San Roberto, a vessel owned and operated by Defendant Buffalo Marine Service, Inc. (“Buffalo Marine”).

At the time, the San Roberto was moored at a dock facility in Mt. Airy, Louisiana, that was owned by Apex Oil Company, Inc. Cockburn was injured while disembarking from the San Roberto when the gangway leading from the barge to the dock “gave way.” On July 5, 2022, Cockburn filed this suit against Apex, Buffalo Marine, and the San Roberto, in rem, and amended it on June 21, 2023, alleging negligence claims.

In April 2022, nearly nine months after the accident, Cockburn began treatment with Dr. Alexis M. Waguespack, an orthopedic surgeon.

Plaintiff Cline Cockburn filed a motion in limine to exclude evidence of prior alleged acts of malpractice and credentialing records related to Waguespack while Defendants Buffalo Marine Service, Inc. and Apex filed a motion in limine to exclude Waguespack’s testimony.

Both Buffalo Marine and Apex filed a motion in limine to exclude the testimony of lifecare planner Jordan Frankel.

Orthopedic Surgery Expert Witness

Dr. Alexis Mayoral Waguespack has been performing orthopedic spinal surgery since 1998. She attended medical school at Louisiana State University School of Medicine, did her residency at LSU and completed a fellowship in spine surgery at the San Francisco Spine Institute in California.

Discover more cases with Alexis Waguespack as an expert witness by ordering his comprehensive Expert Witness Profile report.

Vocational Rehabilitation Expert Witness

Jordan Frankel earned his Master of Health Sciences in Rehabilitation Counseling degree from Louisiana State University Health and Sciences Center. Frankel is a Licensed Rehabilitation Counselor in the State of Louisiana, and has national certifications as a Certified Rehabilitation Counselor and a Certified Life Care Planner.

He is a member of the International Association of Rehabilitation Professionals. Frankel has testified in federal court in the fields of Vocational Rehabilitation and Life Care Planning.

Want to know more about the challenges Jordan Frankel has faced? Get the full details with our Challenge Study report. 

Discussion by the Court

Alexis Waguespack

Buffalo Marine and Apex argued that Waguespack’s testimony should be excluded to the extent she may offer expert opinions on medical causation or necessity of treatment, or testify in any way as an expert, because, they say, she lacks the requisite expertise and her opinions are not reliable or based on sufficient facts or data.

Buffalo Marine and Apex contended that Waguespack lacked expertise because she let her certification with the American Board of Orthopaedic Surgery lapse from January 1, 2021, to January 15, 2023, during part of Cockburn’s treatment, which began in April 2022.

They also argued that Waguespack’s opinion—that Cockburn’s cervical symptoms and two cervical surgeries were more likely than not caused by the July 2021 incident—is unreliable, because it rests on Cockburn’s self-reported pain nine months after the incident.

Analysis

Having weighed Waguespack’s qualifications, history of treating Cockburn, and her deposition testimony against the arguments presented, the Court found that she is qualified by education and experience to render opinions as to medical necessity and causation. The opinions are reliable, considering her long career as an orthopedic surgeon and history of treating Cockburn. While the temporary lapse in Waguespack’s board certification does not make her unqualified to render the proffered opinions, it does raise questions as to her credibility and status at the time she began treating Cockburn. Therefore, the Court will not exclude such evidence.

On the other hand, evidence about medical malpractice claims made against Waguespack are not relevant and would be more prejudicial than probative, and so will not be admitted into evidence. The questions raised by Buffalo Marine and Apex regarding the reliability of Waguespack’s testimony, such as the basis for her diagnosis, causation opinion, and the necessity of future treatment, can be addressed through vigorous cross-examination and the presentation of countervailing expert testimony.

Jordan Frankel

Buffalo Marine and Apex argued that Frankel’s testimony as to the cost of future medical treatment is predicated on Waguespack’s recommendation for a cervical fusion and that such evidence should be excluded to the extent that Waguespack’s testimony is excluded.

Because the Court is not excluding Waguespack’s opinions on future treatment, it will not exclude Frankel’s opinions based on them.

Held

The Court denied Buffalo Marine and Apex’s motions in limine to exclude the testimony of Alexis Waguespack and Jordan Frankel.

Key Takeaway:

Waguespack’s temporary lapse in board certification does not mean that she lacked expertise, especially considering her long career as an orthopedic surgeon and history of treating Cockburn. However, it does raise questions as to her credibility and status at the time she began treating Cockburn. 

Case Details:

Case Caption:	Cockburn V. Apex Oil Company Inc Et Al
Docket Number:	2:22cv2058
Court Name:	United States District Court, Louisiana Eastern
Order Date:	August 22, 2025