11th Circ. Finds Expert Qualified In Suit Over Surgery Tool

Law360 (April 23, 2021, 2:27 PM EDT) -- The Eleventh Circuit has sent a suit back to court that alleges a surgical tool made by Intuitive Surgical Inc. caused internal burns during a woman's hysterectomy, saying the district court was wrong to disqualify the woman's expert on the basis of him having never used the tool.

In a published opinion filed Thursday, the panel reversed a summary judgment against Tamanchia Moore, saying the district court wrongly conflated two distinct prongs of evaluation for an expert witness by finding the expert unqualified based on criteria that instead should have been considered for his opinion's reliability.

According to the opinion, while...

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