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WILLIAMS v. EIGHTH JUDICIAL DIST. COURT

Nos. 56928, 57079.

262 P.3d 360 (2011)

James M. WILLIAMS and Heidi Williams, Husband and Wife; and Joanne Allen and Kenneth G. Allen, Husband and Wife, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Kathleen E. Delaney, Respondents, and Baxter Healthcare Corporation; Sicor, Inc.; Teva Parenteral Medicines, Inc., f/k/a Sicor Pharmaceuticals, Inc.; and McKesson Medical-Surgical, Inc., Real Parties in Interest. Sicor, Inc.; Teva Parenteral Medicines, Inc. (f/k/a Sicor Pharmaceuticals, Inc.); McKesson Medical-Surgical, Inc.; and Baxter Healthcare Corporation, Petitioners, v. The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark; and The Honorable Timothy C. Williams, District Judge, Respondents, and Maria V. Pagan, individually; and William I. Bilger, Jr., and Marilyn Elaine Bilger, husband and wife, Real Parties in Interest.

Supreme Court of Nevada.

July 28, 2011.

Attorney(s) appearing for the Case

Mainor Eglet and Robert T. Eglet , Las Vegas; Kemp Jones & Coulthard LLP and Will Kemp , Las Vegas, for James M. Williams; Heidi Williams; Joanne Allen; Kenneth G. Allen; Maria V. Pagan; William I. Bilger, Jr.; and Marilyn Elaine Bilger.

Lewis & Roca LLP and Daniel F. Polsenberg , Las Vegas; Olson, Cannon, Gormley & Desruisseaux and James R. Olson , Michael E. Stoberski , and Max E. Corrick II , Las Vegas; Alan M. Dershowitz , Cambridge, MA, for Baxter Healthcare Corporation; McKesson Medical-Surgical, Inc.; Sicor, Inc.; and Teva Parenteral Medicines, Inc.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

These consolidated writ petitions raise two novel issues involving the admissibility of expert testimony: (1) whether a nurse can testify as an expert regarding medical causation, and (2) whether defense expert testimony offering alternative causation theories must meet the "reasonable degree of medical probability" standard set forth in Morsicato v. Sav-On Drug Stores, Inc., 121 Nev. 153, 155,

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