D. New Mexico, 2014 (Docket No. 11 - CV -784-BRB / RHS), a New Mexico federal court granted the defendants» motions for summary judgment, ruling that the plaintiff's failure to designate an expert witness on the issue of
medical causation before an April 17, 2013 deadline required that the case be thrown out.
This is because the law requires proof of
causation only on a balance of probabilities, whereas scientific or
medical experts often require a higher degree of certainty
before drawing conclusions on
causation (p. 330).