Supreme Court of Delaware

In an action alleging that a nurse-midwife along with other non-party assistants negligently delivered and injured a baby with excess traction during labor, judgment which limited plaintiff's expert testimony to the only two possible causes of the baby's injury is affirmed where: 1) in order for plaintiff expert to testify that there were only two possible causes of the baby-s injury, the expert must have proffered reliable verifiable scientific evidence supporting the claim that in utero and the use of excess traction were the only two possible causes of the injury; and 2) plaintiff never introduced any scientific evidence that supported her expert's opinion that in utero and the use of excess traction were the only two causes.

Appellate Information

• Decided 12/26/2007
• Published 12/26/2007

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Kenneth M. Roseman, Kenneth Roseman, P.A., Wilmington, DE, for plaintiff below appellant.


• For Appellees:
  
• Mason E. Turner, Jr., Prickett, Jones & Elliott, Wilmington, DE, for defendant below Bayside Health Association Chartered., Gilbert F. Shelsby, Jr., Shelsby & Leoni P.A., Stanton, DE, for defendant below Mackie Banks, C.N.M.