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DOMINGO EX REL. DOMINGO v. T.K., M.D.

Nos. 00-15064, 00-15137.

276 F.3d 1083 (2002)

Efren B. Domingo, by and through his wife and conservator Naomi Domingo; Naomi Domingo, individually; Alden Scott Domingo, a minor; Nayren Denese Domingo, a minor, Plaintiffs-Appellants, v. T.K., M.D.; Orthopedic Associates of Hawaii, Inc.; the Queen's Medical Center; John Does, 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Limited Partnerships 1-10; Doe Entities 1-10; Unincorporated Does 1-10, Defendants-Appellees. Efren B. Domingo, by and through his wife and conservator Naomi Domingo; Naomi Domingo, individually; Alden Scott Domingo, a minor; Nayren Denese Domingo, a minor, Plaintiffs-Appellees, v. T.K., M.D.; Orthopedic Associates of Hawaii, Inc.; the Queen's Medical Center; John Does, 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Limited Partnerships 1-10; Doe Entities 1-10; Unincorporated Does 1-10, Defendants, and The Queen's Medical Center, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2002.

Attorney(s) appearing for the Case

John S. Edmunds, Edmunds, Maki, Verga & Thorn, Honolulu, Hawaii, for the plaintiffs-appellants-appellees.

Edmund Burke and Patricia C. Aburano, Burke, Sakai, McPheeters, Bordner, Iwanaga & Estes, Honolulu, Hawaii; James Kawashima, Brian Y. Hiyane, Watanabe, Ing & Kawashima, Honolulu, Hawaii, for the defendants-appellees.

James E. Duffy, Jr., Fujiyama, Duffy & Fujiyama, Honolulu, Hawaii, for the defendant-appellee-appellant.

Before: B. FLETCHER, CANBY, and PAEZ, Circuit Judges.

CANBY, Circuit Judge:

Efren B. Domingo, through his representatives, ("Domingo") brought this medical malpractice action against his physician, T.K., Orthopedic Associates of Hawaii, and The Queen's Medical Center ("Queen's") following hip surgery that left him with severe brain damage. Citing Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the district court excluded the testimony...

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