744 F.Supp.2d 367 (D.Me. 2010), CV-09-656-B-W, Samaan v. St. Joseph Hosp.

Docket Nº:CV-09-656-B-W.
Citation:744 F.Supp.2d 367
Opinion Judge:JOHN A. WOODCOCK, JR., Chief Judge.
Party Name:Anton K. SAMAAN, Plaintiff, v. ST. JOSEPH HOSPITAL, et al., Defendants.
Attorney:John P. Flynn, III, Daniel G. Lilley Law Offices, P.A., Portland, ME, for Plaintiff. James F. Martemucci, L. John Topchik, Germani Martemucci Riggle & Hill, Jeffrey D. Russell, Lambert Coffin Haenn, Portland, ME, for Defendant.
Case Date:October 14, 2010
Court:United States District Courts, 1st Circuit, District of Maine
 
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Page 367

744 F.Supp.2d 367 (D.Me. 2010)

Anton K. SAMAAN, Plaintiff,

v.

ST. JOSEPH HOSPITAL, et al., Defendants.

No. CV-09-656-B-W.

United States District Court, D. Maine.

October 14, 2010

Page 368

John P. Flynn, III, Daniel G. Lilley Law Offices, P.A., Portland, ME, for Plaintiff.

James F. Martemucci, L. John Topchik, Germani Martemucci Riggle & Hill, Jeffrey D. Russell, Lambert Coffin Haenn, Portland, ME, for Defendant.

ORDER ON MOTION IN LIMINE

JOHN A. WOODCOCK, JR., Chief Judge.

Based on a relatively scant record, the Court denies Dr. David Kaplan's motion to exclude the expert testimony of Dr. Ravi Tikoo concerning the likely consequences of the failure to administer tissue plasminogen activator (t-PA) to the Plaintiff within three hours of the onset of his stroke symptoms.

I. STATEMENT OF FACTS

A. Mr. Samaan's Stroke and Treatment at St. Joseph

On January 14, 2006, Anton K. Samaan boarded a flight in Milan, Italy to return to New York, New York, after visiting his family in Egypt for the holidays. During the flight, Mr. Samaan got up from his seat and headed toward the plane's galley for a cup of tea. When Mr. Samaan reached the galley, " he was confronted by a flight attendant who told him that he appeared sick." Compl. ¶ 9 Attach 2 (Docket # 1). The flight attendant called for doctors on the plane, and at approximately 11:30 am, a doctor diagnosed him with " a likely stroke in progress." Id. at ¶ 10. In accordance with the doctor's instructions, the pilot diverted the plane to the nearest airport. Id.

The plane landed in Bangor, Maine and Mr. Samaan reached the emergency department at St. Joseph not later than 12:40 p.m., where he was treated by emergency room physician David Kaplan, M.D. Id. ¶ 11, 15. Dr. Kaplan did not administer t-PA. Id. ¶ 11. Mr. Samaan has suffered " severe deficits as a result of the ischemic stroke he suffered on 01/14/06." Id. ¶ 13. He has filed this suit against St. Joseph and Dr. Kaplan, alleging that Dr. Kaplan's failure to administer t-PA violated the standard of medical care and caused him severe damages. Id. ¶ 22.

B. Ravi Tikoo, M.D.

1. The Defendant's Characterization of Dr. Tikoo's Opinion

Mr. Samaan designated Dr. Ravi Tikoo, a neurologist, to testify as an expert on his behalf.1 Dr. Tikoo will opine that " Dr. Kaplan's decision not to administer t-PA proximately caused [Mr. Samaan's] alleged injuries." Def. David Kaplan's Mot. in Limine To Exclude Test. of Ravi Tikoo, M.D. at 2 (Docket # 26) ( Def.'s Mot. ). At his deposition, Dr. Tikoo " testified that the authoritative and definitive study, on the efficacy of t-PA to achieve better outcomes for ischemic stroke patients is the 1995 study titled ‘ Tissue Plasminogen Activator for Acute Ischemic Stroke,’ by the National Institute of Neurological Disorders and Stroke (NINDS) t-PA Stroke Study

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Group." Id.; See Attach. 1 (Docket # 26) (NINDS Study). Dr. Tikoo " confirmed not only that the NINDS study is the ‘ generally accepted article’ in this area, but also that it is the basis for his conclusions in this case, and that there was nothing independent of the NINDS study that caused Dr. Tikoo to form the opinions that he did." Def.'s Mot. at 2.

Dr. Tikoo confirmed that the NINDS Study " was a randomized, double blind, placebo-controlled study wherein a group of subjects was administered t-PA, and a separate control group was not given t-PA despite the fact that its constituents fell within the standard three-hour window for the administration of t-PA following the onset of ischemic stroke symptoms." Id. He agreed that the NINDS Study " showed that when the results for the placebo group are compared to the results...

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