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KILPATRICK v. BREG, INC.

No. 09-13813.

613 F.3d 1329 (2010)

Douglas C. KILPATRICK, Plaintiff-Appellant, v. BREG, INC., a California Corporation for profit, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 12, 2010.

Attorney(s) appearing for the Case

Joel S. Perwin, Joel S. Perwin, P.A., Miami, FL, for Kilpatrick.

Kim Schmid, John Sear, Bowman & Brooke, Minneapolis, MN, Jeffrey B. Shapiro, Andrea M. Cox, Arnstein & Lehr, LLP, Miami, LLP, for Breg, Inc.

Before BIRCH and MARCUS, Circuit Judges, and HODGES, District Judge.

HODGES, District Judge:

This is a negligence and products liability action involving the use of a pain pump manufactured by Breg, Inc. for use during and after surgery. The Plaintiff, Douglas Kilpatrick, claiming to have been injured by one of Breg's pumps, proffered a single expert witness on the issue of causation — Dr. Gary Poehling, M.D. The district court determined that the methodology used by Dr. Poehling to...

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