Dr. Michael Freeman
January 26, 2023 6:30 PM||TLU n DemandRegister Now
Dr. Freeman will present the conundrum of causation, and why causal determinations can be so difficult and contentious in litigation. He will discuss generally accepted injury causation methods, based on the 3 step injury causation methodology described in the 2016 10th DCA Etherton decision. The 3 steps are as follows: 1) Plausibility [the general causation relationship between the trauma and the injury, utilizing a blend of disciplines including medicine, crash reconstruction, biomechanics, and epidemiology], 2) Temporal proximity [the timing between the trauma and the onset of symptoms indicative of injury], and 3) Lack of a more likely alternative explanation [the “but-for” risk of the injury occurring at the same point in time, but in the absence of the trauma, given the pre-trauma characteristics and history of the plaintiff]. The application of these methods to the most common types of causation disputes, particularly in the context of the defense reliance on non-medical (i.e., biomechanical) testimony, will be described using case examples of traffic crashes and other traumatic causes of spine and head injuries.