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Easum v. Miller6/24/2003
The primary issue in this appeal is the reliability of the differential diagnosis technique for determining general and specific causation in a general negligence action. Differential diagnosis determined that the severe illness suffered by Appellant Jeff Easum (Easum) was caused by numerous electrical shocks that he received while working on his family-owned dairy. In a summary judgment ruling, the trial court determined that this particular differential diagnosis was inadmissible because it was unreliable.
Easum began suffering severe illness shortly after Appellee Clay Miller's company, Prime Power and Communications, LLC, (Prime Power) replaced a transformer near Easum's family-owned dairy. An unconnected neutral line was determined to be the cause of stray voltage found throughout the dairy that was administering shocks to Easum as he worked at the dairy. After the neutral line was properly connected, the stray voltage and shocks ceased; however, Easum continued to suffer from his symptoms and was ultimately diagnosed with reflex sympathetic dystrophy (RSD) caused by electrical injury . Easum and his wife (Easums) brought suit against Prime Power for personal injury and property damages.
Prime Power settled with Easums for property damages; however, it moved for summary judgment on other damages. Easums' suit was dismissed by grant of summary judgment based upon a determination that their expert's testimony regarding specific causation was inadmissible as unreliable. The trial court ruled that the expert's differential diagnosis technique insufficiently satisfied reliability standards because the scientific methodology used to determine that low level electric current could cause RSD was inadequate. We reverse and remand for trial.
ISSUES
Easums present the following statement of the issues:
1. Did the trial court err in rejecting the Appellants' treating physician's opinions relating to medical causation resulting from their properly performed differential diagnosis as insufficient to satisfy the reliable scientific methodology requirements of Daubert v. Merrill Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) (hereinafter Daubert ) and Bunting v. Jamieson, 984 P.2d 467 (Wy. 1999) (hereinafter Bunting ).
2. Did the trial court err by redefining medical causation to require general causation based peer reviewed medical literature in addition to the medical causation derived from a differential diagnosis before treating physician testimony will be allowed?
3. In a case when the Appellants' treating physicians' opinions on causation were challenged by the Appellee's forensic experts on their credibility and upon the degree or level of electrical exposures required to cause neurological injury , was it proper for the Trial Court to find that there were no disputed material facts for jury determination and enter a Summary Judgment in this matter?
Appellees Miller and Prime Power state the issues as:
1. Did the district court properly grant summary judgment to the defendant on the basis that plaintiffs could not prove that defendant's conduct was the proximate cause of Plaintiff Jeff Easum's injuries?
(a) Did the district court properly find that plaintiffs' expert opinion that exposure to low levels of electricity causes reflex sympathetic dystrophy ("RSD"), to be based on speculation and contrary to well accepted science?
(b) Is a medical doctor allowed to testify as to causation based on exposure to electricity when he lacks a basic understanding of the physiological effect of electricity on the human body and such conclusion is no
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