Psychology Expert’s Testimony on Loss of Consortium Excluded
Posted on August 7, 2025 by Expert Witness Profiler
Heather Blanchard died after undergoing a surgery at Madigan Army Medical Center. Heather’s husband Roy Blanchard was present in the hospital when Heather first finished surgery. Roy asserts his struggle with grief following Heather’s death has impacted his career and earning capacity. At the time of Heather’s death, Roy worked at J.P. Morgan in a private client banker position.
He took a three month leave of absence for bereavement, but struggled to succeed upon returning. He ultimately left J.P. Morgan in November 2022. Roy then worked part time, a seasonal job at Crystal Mountain as a ticket checker and lift operator. He then enrolled in barber school and became a licensed barber at Buzzerd’s Barber Shop in Tacoma where he still works today.
Roy sued the United States and Jane and John Does 1-10 on behalf of himself, Heather’s estate, and their children, C.B. and Ian Blanchard.
It should be noted that the Court dismissed Roy’s negligent infliction of emotional distress claim because he cannot meet the threshold requirement to show that he unwittingly encountered his wife Heather’s body given his concession that he requested to view her in the ICU.
Defendant United States filed a motion to exclude the testimony of Blanchards’ experts, Anthony J. Choppa, M.Ed., and Marsha Hedrick, Ph.D.
Psychology Expert Witness
Marsha Hedrick, Ph.D. is a clinical psychologist in private practice in Seattle specializing in forensic evaluations of adults and children.
Vocational Rehabilitation Expert Witness
Anthony Jude Choppa earned his M.Ed. in Rehabilitation Counseling in 1979 from Kent State University; is a cofounder of OSC Vocational Systems, Inc., practicing since 1976. OSC has over 50 employees throughout the State of Washington specializing in ‘hands on’ case management (life care planning) and vocational rehabilitation services. He has published many Life Care Plan and Vocational Rehabilitation articles and is a frequent speaker on rehabilitation issues in Washington State and internationally (U.S. and Canada ).
Choppa served on the Boards of the International Academy of Life Care Planners and the International Association of Rehabilitation Professionals. He is currently on the Board of the Spinal Cord Injury Association of Washington. He holds certifications including CRC, CDMS and CCM. His specialties include life care planning and vocational assessment.
Discussion by the Court
Anthony Choppa
To begin with, the Court has already concluded that Roy’s lost wages are not a “pertinent injury” that is recoverable. Therefore, Choppa’s opinions surrounding his earning capacity and what lost wages are attributable to the loss of Heather are not helpful to the jury. To the extent that Choppa offers opinion on “other losses” such as Roy’s “inconvenience” related to “restoring his emotional wellbeing,” the Court held that this information does not logically advance a material aspect of the Blanchards’ case and falls outside the expertise of a vocational expert.
Marsha Hedrick
Hedrick evaluated Roy and his sons and formed opinions on how Heather’s death caused them psychological harm.
The Court held that Hedrick’s testimony aimed at damages for mental anguish and grief is not relevant to a “pertinent injury” under the wrongful death statute and is excluded under Rule 702. To the extent that she offers testimony on loss of consortium, that topic is within the common knowledge and experience of a lay person and thus her expertise is unnecessary.
Held
The Court granted the Defendants’ motion to exclude the testimony of both Mr. Choppa and Dr. Hedrick
Key Takeaway:
Because the wrongful death statute does not allow the Blanchards to recover for Roy’s lost wages or for grief and mental anguish, the claim to recover Roy’s lost wages is dismissed and Choppa’s testimony aimed at calculating damages for Roy’s lost wages and Hedrick’s opinions on the Blanchards’ grief and mental anguish is barred.
Case Details:
| Case Caption: | Blanchard V. United States |
| Docket Number: | 3:23cv5460 |
| Court Name: | United States District Court for the Western District of Washington |
| Order Date: | August 05, 2025 |
