Skoogfors v. Haverstick-Borthwick Co.

44 Pa. D. & C.4th 1, 2000 Pa. Dist. & Cnty. Dec. LEXIS 367
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedJanuary 13, 2000
Docketnos. 93-23217, 93-23226, 93-25271, 93-23272, 93-21683 and 94-17018
StatusPublished
Cited by3 cases

This text of 44 Pa. D. & C.4th 1 (Skoogfors v. Haverstick-Borthwick Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skoogfors v. Haverstick-Borthwick Co., 44 Pa. D. & C.4th 1, 2000 Pa. Dist. & Cnty. Dec. LEXIS 367 (Pa. Super. Ct. 2000).

Opinion

SALUS II, J.,

SUMMARY

This is a motion in limine filed by the defendants to preclude evidence concerning medical diagnoses rendered by the plaintiffs’ expert, Michael LeWitt M.D. In these suits, the plaintiffs allege that they sustained a number of health problems as a result of their exposure to chemicals used during renovation work at Bryn Mawr College.1 The renovation work took place in the Great Hall in Thomas Library, commencing in December 1991 and concluding in May 1992. Following the alleged exposure, the plaintiffs sought medical attention from Dr. LeWitt, who diagnosed each plaintiff as having toxic chemical encephalopathy. Generally speaking, TCE refers to a pathologic or abnormal condition in the central nervous system that is associated with exposure to chemicals at toxic levels. In the defendants’ motion in limine, the defendants argue that Dr. LeWitt’s diagnoses and his methodology used in rendering his diagnoses are not [4]*4generally accepted in the medical community.2 As such, the defendants argue that Dr. LeWitt should be precluded from testifying, and any causation evidence that is derived from Dr. LeWitt’s diagnoses should be barred. A hearing on the motion in limine was held before this court, commencing on December 6, 1999 and concluding on December 13, 1999. Based on evidence and testimony introduced at the hearing, this court concludes that Dr. LeWitt’s diagnoses of TCE, and any testimony or evidence based on these diagnoses, are not admissible at trial.

PENNSYLVANIA LAW ON SCIENTIFIC EXPERT TESTIMONY

At the outset, it is important to clarify the defendants’ objections to Dr. LeWitt’s diagnoses of TCE, and the role of the trial court in addressing these objections. As the plaintiffs point out, most of the defendants’ objections go to the credibility of Dr. LeWitt and the weight to be given to his testimony. Ordinarily, questions of credibility of a witness and the weight of his testimony are for the jury to resolve. See Foflygen v. Allegheny General Hospital, 723 A.2d 705, 711 (Pa. Super. 1999). Where evidence involves complex scientific testimony, however, most laypersons lack the required training to assess the validity of the testimony and underlying methodology. In addition, a scientific expert’s credentials can overcome a layperson’s willingness to scrutinize the expert’s testimony. Therefore, the Superior Court has held that scientific methodology and conclusions must be evaluated by the court to ensure that “what might appear ... to be science is not in fact speculation in disguise.” [5]*5Blum v. Merrell Dow Pharmaceuticals Inc., 705 A.2d 1314, 1325 (Pa. Super. 1997), appeal granted, _ Pa. _,* 735 A.2d 1267 (1999). According to the Superior Court:

“The judge in considering admissibility does not decide whether the proposition or theories are true or false. Rather the judge as gatekeeper decides whether the expert is offering sufficiently reliable, solid, trustworthy science. The question is: is the science good enough to serve as the basis for the jury’s findings of fact, or is it dressed up to look good enough, but basically so untrustworthy that no finding of fact can properly be based upon it.” Blum, 705 A.2d at 1322.

In the instant case, the condition known as TCE, and the methodology involved in making its diagnosis, are subject to debate by allergists, immunologists, toxicologists, neurologists, psychiatrists and occupational physicians. First, many medical professionals disagree as to whether the basis of TCE is immunological, neurological or psychological. Second, medical experts disagree on whether TCE is synonymous with or distinct from other medical conditions and phenomena. Third, medical professionals disagree as to which professionals are qualified to make a diagnosis of TCE. Fourth, medical experts disagree as to the proper method for rendering a diagnosis of TCE. Based on the foregoing, this court cannot agree with the plaintiffs that the credibility and weight of Dr. LeWitt’s diagnoses of TCE should be within the sole province of the jury. Testimony by a qualified expert does not become admissible scientific evidence simply because it is uttered by that expert. See Blum, 705 A.2d at 1323. Since the evidence at issue is complex medical testimony, the admissibility of Dr. LeWitt’s testimony is governed by principles established in Blum. [6]*6As a result, it is appropriate and necessary for this court to review causation evidence from Dr. LeWitt before it is put in front of the jury.

REVIEW OF DR. LeWITTS DIAGNOSES

In Blum, the Superior Court established a two prong analysis for determining whether scientific evidence of causation is admissible under Pennsylvania law. First, the proponent must show that the causal relationship is generally accepted in the medical community. Blum, 705 A.2d at 1322; see also, Checchio v. Frankford HospitalTorresdale Division, 717 A.2d 1058, 1060 (Pa. Super. 1998). Second, the proponent must show that the methodology used to reach the expert’s conclusions is accepted by the medical community as good science. Blum, 705 A.2d at 1322; see also, Checchio v. Frankford Hospital-Torresdale Division, 717 A.2d 1058, 1060 (Pa. Super. 1998). Following this analysis, this court has concluded that neither criteria is met in this case. Therefore, this court concludes that Dr. LeWitt’s diagnoses of TCE, and any evidence based on or related to his diagnoses, are inadmissible.

a. Causal Relationship Between the Plaintiffs’ Alleged Exposure and Their Symptoms

The plaintiffs have provided no evidence that the medical community currently accepts the existence of a causal relationship between their symptoms and the type of chemical exposure alleged to have taken place at Bryn Mawr College. First, there is no consensus in the medical community, as to whether TCE is even a disease, or a disease related to chemical exposure.3 Second, even if [7]*7TCE is generally accepted as a disease related to chemical exposure, existing research on TCE does not support a causal relationship in this case. This court understands that some studies link chemical exposure to a condition known as TCE. Nevertheless, the implications of these studies are limited in scope — they do not imply that TCE may be caused by exposure to every known chemical or combination of chemicals. In this case, there is no literature before this court that shows a generally accepted causal relationship linking exposure to the combination of chemicals used at Bryn Mawr College with the plain[8]*8tiffs’ symptoms.4 This is the relationship that needs to be established. It is not enough that the plaintiffs cite studies linking adverse health effects with human exposure to chemicals, without any attempt to contrast the conditions in those studies with the facts in the instant case. As a result, this court cannot admit Dr. LeWitt’s testimony or any evidence based on such testimony.

b. Methodology Used in Making Diagnoses of TEC

After a review of expert reports and expert testimony from both sides, this court concludes that the methodology used by Dr.

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Bluebook (online)
44 Pa. D. & C.4th 1, 2000 Pa. Dist. & Cnty. Dec. LEXIS 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skoogfors-v-haverstick-borthwick-co-pactcomplmontgo-2000.