Legal Opinion

Cardillo v. Aron

Massachusetts Superior Court

Decided January 6, 2010No. 06774Published

1Opinion of the Court

Billings, Thomas P., J.

For the reasons that follow, the Defendants’ Motion to Preclude Testimony of Plaintiffs Expert Stuart Edelberg, M.D., based on Daubert v. Dow Chemical and Commonwealth v. Lanigan, is DENIED.

BACKGROUND

A. The Facts

On November 15, 2001 Jill Cardillo, then 40 weeks pregnant with her first child, was admitted to Newton-Well esley Hospital for induction of labor. Her obstetrician, a Dr. Richer, ruptured her membranes at 8:40 a.m. The cervix was completely dilated at 3:51 p.m. An hour and three-quarters later, at 5:38 p.m., Mrs. Cardillo delivered a ten-pound, six-ounce baby…

2Cases cited18 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  4. Commonwealth v. LaniganMassachusetts Supreme Judicial Court · 1994
  5. Canavan's CaseMassachusetts Supreme Judicial Court · 2000

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