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31 Jul 2017 Eighth Circuit Affirms Exclusion of Expert Who Contradicted His Prior Testimony

 Authored by Jan Carroll, Joseph G. Eaton, Oni Harton   The U.S. Court of Appeals for the Eighth Circuit recently declared that experts must, at the least, address obvious alternate causes and avoid contradicting themselves when submitting affidavits long after their depositions have been taken. The Eighth Circuit affirmed the entry of summary judgment for DePuy Orthopaedics, Inc., in a product liability case involving a fractured hip stem. The court found that the plaintiff’s expert’s defect and causation testimony was properly excluded by the U.S. District Court for…