Admissibility Of Biomechanical Expert Testimony

The use of biomechanical evidence is increasingly important as more and more low-impact collisions are followed by claims of excessive injuries and fusion surgeries of questionable necessity. A trial judge in New York Supreme Court, Kings County, recently precluded a biomechanical expert with an MD and PhD from testifying in the matter of Singh v Siddique (2016 NY Slip Op 50987(U)). Many courts around the country are closely scrutinizing this type of expert testimony, and we anticipate "Frye" hearings, in almost all cases, will be requested by plaintiffs in the hope of getting the expert precluded, leaving courts to rule on whether the testimony is sufficiently reliable to be admissible. Lewis Brisbois' New York office continues to argue for the admissibility of biomechanical experts' expected testimony by making sure that their opinions are supported by all necessary evidence in the record, including vehicle model information, crush analysis, peer-reviewed studies,