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Wednesday, August 09, 2017

New Health Care Liability Action Opinion: Trial Court's Admission of Previously Undisclosed Defense Expert Testimony Overturned on Appeal and New Trial Granted

The Tennessee Court of Appeals recently released its opinion in Collier v. Roussis, No. E2016-01591-COA-R3-CV (Tenn. Ct. App. Aug. 7, 2017).  The syllabus from the slip opinion states as follows:
Chayce Collier, a minor, by and through his natural parent and next friend, Kendall Collier (“Plaintiff”) sued Periclis Roussis, M.D. and Fort Sanders Perinatal Center and Fort Sanders Regional Medical Center (“the Hospital”) for injuries allegedly suffered by Plaintiff when his mother had an allergic reaction during labor. After trial before a jury, the Circuit Court for Knox County (“the Trial Court”) entered judgment on the jury’s verdict that Dr. Roussis was not negligent and that the nurses employed by the Hospital were not negligent and dismissed the suit. Plaintiff appeals to this Court raising several issues including whether the Trial Court erred in allowing the admission of previously undisclosed testimony from the nurses and a defense expert witness, among other things. We find and hold that the Trial Court erred in allowing the previously undisclosed testimony of the nurses and the defense expert witness. We, therefore, vacate the Trial Court’s judgment and remand this case for a new trial.
Here is a link to the slip opinion:

NOTE: This opinion covers more than just undisclosed expert-witness testimony: it covers, inter alia, expert testimony in a health care liability action in general along with improper defense closing argument.  This is a must-read opinion for any lawyer who handles health care liability actions in Tennessee or just tries cases in general.

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