Christina Nicole Adams v. Laboratory Corporation of America
2014 U.S. App. LEXIS 14471
11th Cir.2014Background
- Adamses sued LabCorp for negligent Pap smear review delaying Ms. Adams's cervical cancer diagnosis.
- LabCorp moved to exclude Dr. Dorothy Rosenthal's testimony and for summary judgment; district court granted both.
- LabCorp's cytotechnologists screen slides; abnormal slides are reviewed by a pathologist, while no review occurs if none appear abnormal.
- Dr. Rosenthal, Johns Hopkins professor with extensive cytopathology experience, reviewed Adams's slides and opined LabCorp's staff breached the standard of care.
- After discovery, the district court excluded Rosenthal’s testimony as unreliable and granted summary judgment to LabCorp.
- On appeal, the Eleventh Circuit reversed to reinstate Rosenthal’s testimony and remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rosenthal's standard-of-care testimony was admissible under Rule 702/Daubert | Rosenthal's approach was reliable, grounded in Bethesda System and extensive experience. | Her non-blinded review and methodology were unreliable and biased. | Abuse of discretion; Rosenthal's testimony is admissible. |
| Whether CAP/ASC litigation guidelines requiring blinded review control admissibility | Guidelines reflect litigation policy, not scientific acceptance; should not bar the opinion. | The guidelines establish the standard of care in practice and should govern admissibility. | Guidelines cannot define scientific acceptance; district court erred in treating them as controlling. |
| Whether McDowell v. Brown governs the reliability of standard-of-care testimony | Competency-based approach is sufficient; methodology need not be blinded when expert is qualified. | Reliability requires a Daubert gatekeeping of the approach. | McDowell supports admissibility based on competency; the exclusion was improper. |
Key Cases Cited
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (Supreme Court-1993) (gatekeeping for expert reliability; not a fixed checklist)
- Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (Supreme Court-1999) (extends Daubert to all expert testimony based on specialized knowledge)
- Kilpatrick v. Breg, Inc., 613 F.3d 1329 (11th Cir.-2010) ( Daubert factors are non-exclusive; case-specific reliability)
- McDowell v. Brown, 392 F.3d 1283 (11th Cir.-2004) (competency-based standard-of-care testimony admissible under Rule 702)
- United Fire & Cas. Co. v. Whirlpool Corp., 704 F.3d 1338 (11th Cir.-2013) (gatekeeping discretion; deference to district court but not for erroneous exclusions)
- United States v. Alabama Power Co., 730 F.3d 1278 (11th Cir.-2013) ( Daubert gatekeeping; preserves jury role and cross-examination)
- Rosenfeld v. Oceania Cruises, Inc., 654 F.3d 1190 (11th Cir.-2011) (admissibility and reliability considerations for expert testimony)