Opinion

Endicott v. Choctaw County City of Hugo Hospital Authority

Court
District Court, E.D. Oklahoma
Filed
May 27, 2025
Cited by
0 cases
Authority
More cited than 35.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF OKLAHOMA

KYLE ENDICOTT, AS A SPECIAL

ADMINISTRATOR OF JENNIFER

CROWELL DECEASED,

Plaintiff,

v. Case No. 21-CV-319-RAW

CHOCTAW COUNTY CITY OF HUGO

HOSPITAL AUTHORITY, ET AL,

Defendant.

Order

Before the Court is the Estate’s Motion to Limit or Exclude the Testimony of Dr. Beaman

[Dkt. No. 200]; Plaintiff’s Motion to exclude Dr. Flamik [Dkt. No. 201], Plaintiff’s Motion in

Limine to Exclude the Opinion of Dr. Hough [Dkt. No. 202], Estate’s Motion to Limit or Exclude

the Testimony of Dr. Reams [Dkt. No. 203], Daubert Motion to Exclude the Expert Testimony of

Dr. Reams [Dkt. No. 215]. Plaintiff’s Motion in Limine to Limit or Exclude the opinion of Dr.

Sanders [Dkt. No. 204], Plaintiff’s Motion to Limit or Exclude the Testimony of Dr. Vaugh [Dkt.

No. 205], Motion in Limine to Limit or Exclude Expert Testimony by Velvet Bullard [Dkt. No.

207, Motion to Exclude Testimony of Expert Witness Stacy Sinner [Dkt. No. 209], Defendant Eric

Hogan’s Daubert Motion Regarding Plaintiff’s Expert Kimberly Burtch and Accompanying Brief

in Support [Dkt. No. 212], Defendant Eric Hogan’s Daubert Motion Regarding Plaintiff’s Expert

Charles Pilcher, M.D.’s Expert Testimony and Accompanying Brief in Support [Dkt. No. 213],

Defendant Eric Hogan D.O.’s Daubert Motion Regarding Plaintiff Authority’s Designated Agent,

Nick Rowland [Dkt. No. 216].

I. Standards governing admissibility of expert testimony.

Pursuant to Rule 702 Fed. R. Evid. (as interpreted in Daubert) a district court must satisfy

itself that the proposed expert testimony of an expert is both reliable and relevant before permitting

the jury to assess such testimony. United States v. Wofford, 766 Fed. Appx. 576, 581 (10th Cir.

2019); Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 593-94 (1993). The Rule

provides that:

A witness who is qualified as an expert by knowledge, skill, experience, training,

or education may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help

the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied the principles and methods to the facts of the

case.

Fed. R. Evid. 702. Reliability is determined by evaluating the reasoning and methodology

underlying the expert's opinion. Relevance is about whether the expert testimony will assist the

trier of fact or whether it instead falls within the juror's common knowledge and experience and

will usurp the juror's role of evaluating a witness's credibility. Wofford, 766 Fed. Appx. at 581.

The Supreme Court set forth the following non-exclusive factors a court should consider

when evaluating the admissibility of proposed expert testimony: (1) can and has the theory been

tested; (2) has it been peer reviewed; (3) does it have a known or potential error rate; (4) the

existence and maintenance of standards controlling its operation; (5) does it have widespread

acceptance within the relevant scientific community. Daubert, 509 U.S. at 593. The inquiry into

these factors is “a flexible one,” and the focus is “on principles and methodologies, not on the

conclusions that they generate.” Id. The party seeking the admission of the expert testimony has

the burden to establish it’s admissibility by a preponderance of the evidence. Id at 592 n.10. To

perform its gatekeeping role, the district court must make specific findings on the record so that

the appellate court can determine if it carefully reviewed the objected-to expert testimony under

the correct standard. Tudor v. Southeastern Okla. St. Univ., 13 F.4th 1019, 1029 (10th Cir. 2021);

See also United States v. Cushing, 10 F.4th 1055, 1079 (10th Cir. 2021). However, when an

expert's methodology is not complex, technical, or highly specialized, a less detailed district court

ruling is sufficient. Tudor, 13 F.4th at 1030. (Internal citations omitted.)

1. Plaintiff’s Motion to Exclude Dr. Beaman

Plaintiff seeks to exclude or limit the opinions of Dr. Beaman arguing that he improperly

opines on the duties of law enforcement officers and provides an unreliable opinion the decedent

may have used methamphetamine. Dkt. No.200.

Plaintiff’s first objection is denied. It is clear from Dr. Beaman’s report that he does not

offer an opinion on the duties of law enforcement officers. Instead, he provides his opinion as a

board certified psychiatrist, regarding how medical professionals should manage treating a patient

who is in custody. With respect to his opinions on possible signs of methamphetamine use, the

motion is also denied. It appears undisputed that Dr. Beaman is qualified to render opinions on

psychiatry. However the Plaintiff asserts that despite his qualifications, Dr. Beaman’s methods are

unreliable. Dr. Beaman explains in his report [Dkt. No. 159-3] that his opinion is based on his

review of the decedent’s medical history and her presenting symptoms in the ER. Based on his

significant experience as a psychiatrist with training an experience treating individuals presenting

to the ER, Dr. Beaman concluded that the decedent’s symptoms indicated that methamphetamine

use could not be ruled out. Dr. Beaman adequately explains his opinions for the purposes of Rule

702 and Daubert therefore Plaintiff’s motion [Dkt. No. 200] is hereby DENIED.

2. Plaintiff’s Motion to Exclude Dr. Flamik

Plaintiffs specifically object to the following opinions provided by Dr. Flamik: (1) his opinions

on the appropriateness of staffing Dr. Eric Hogan in the emergency room on the date of the

incident; (2) Dr. Flamik’s opinion about the conduct of a nurse, Velvet Bullard, (3) Dr. Flamik’s

opinions regarding whether officers should have requested a “fit slip” before removing the

decedent from the hospital; and (4) Dr. Flamik’s “conclusory” opinion that the decedent was stable

when she left the emergency room. [Dkt. No. 201].

Dr. Flamik is a board certified emergency medicine physician whose report states that he is

also a medical director for Tactical Rescue Solutions, the Jacksonville Fire Department, and

previously worked as a medical director for the Lonoke County Sheriff’s Office Emergency

Response team. Dkt. No. 158-1. According to the CV provided in his expert report Dr. Flamik has

also held a number of different administrative roles within various medical institutions. Id. at 6.

Plaintiff argues that Dr. Flamik was not qualified to opine on staffing and that his opinion on that

issue is conclusory. The court disagrees. Dr. Flamik has training and experience in hiring and

staffing in medical facilities and thus his opinion that it was proper to staff Dr. Hogan is within the

scope of his training and expertise. Further, while the Plaintiff states that there is no rationale given

for this opinion Dr. Flamik clearly states that he based his opinion on the fact that Dr. Hogan was

licensed and in good standing, and that he considered the prior reported incident to be temporally

remote. Id at 3. To the extent the Plaintiff disagrees with this conclusion, the deficiencies it has

identified go more to the weight of the evidence than its admissibility. Thus, the Plaintiff’s motion

is DENIED pursuant to Rule 702 and Daubert.

With respect to the Plaintiff’s second motion, the court agrees that Dr. Flamik steps outside

the purview of his expertise when he characterized the decedent hitting Nurse Bullard as “felony

assault” and their motion is GRANTED to the extent it seeks to exclude that conclusion. With

respect to his opinion that Nurse Bullard complied with EMTALA, the Plaintiff’s motion is

DENIED. Experts may refer to legal standards in formulating their opinions “but may not apply

the law to the facts of the case or otherwise tell the jury how the case should be decided.” United

States v. Arutunoff, 1 F.3d 1112, 1118 (10th Cir. 1993). As an Emergency Medicine physician, Dr.

Flamik is familiar with applying the requirements of EMTALA in a clinical setting. The opinions

provided in his report are grounded in his expertise in emergency medicine, what standards apply

to that care and whether they were followed based on the materials reviewed. Dr. Flamik’s opinion

regarding Nurse Bullard’s actions is similarly admissible. While Dr. Flamik is not himself a nurse,

his experience managing and practicing medicine in emergency rooms qualifies him to assess

Nurse Bullard’s actions. Additionally, his report makes clear that his opinion is based of his review

of records from the incident and from the present litigation. Thus, the Plaintiff’s motion with

respect to this portion of his opinion is DENIED.

Plaintiff objects to Dr. Flamik’s opinion that the law enforcement officers should have

requested a “fit slip” or some kind of medical clearance prior to removing Ms. Crowell from the

emergency room. Again, Dr. Flamik as a board certified emergency room physician is qualified to

opine as to whether it is customary for police officers to obtain medical approval from a physician

not a nurse before removing a patient who is in custody from the hospital. Thus, to the extent he

opines that in his experience, doctors provide medical clearance before a patient is removed by

police, this opinion is within the scope of his expertise and the Plaintiff’s motion is DENIED.

However, to the extent that Dr. Flamik opines about whether this procedure should have been

police policy, the Plaintiff’s motion is GRANTED as Dr. Flamik is not a police practices or legal

expert.

Finally, Plaintiff argues that Dr. Flamik improperly concludes without explanation that Ms.

Crowell was “stable” when she left the emergency department. Dr. Flamik’s opinion regarding

Ms. Crowell’s medical state is based on expertise as a physician his analysis of the medical charts.

To the extent the Plaintiff’s disagree with this conclusion, the deficiencies they have identified go

more to the weight of the evidence than its admissibility. Thus, the Plaintiff’s motion [Dkt No.

201] is DENIED in part and GRANTED in part pursuant to Rule 702 and Daubert.

3. Plaintiff’s Motion in Limine to exclude the Opinions of Dr. Hough

Plaintiff moves to exclude the opinions of Dr. Hough [Dkt. No. 202], arguing that he offers

improper legal conclusions, conclusory opinions outside the scope of his expertise, there are

significant analytical gaps in his analysis, and that his opinions are based on vague and

unarticulated standards. Id. at 2.

First, Plaintiff argues that Dr. Hough expresses legal conclusions and that his use of the term

“admission” in reference to DOJ Statistics is “irrelevant and only serves to confuse the jury by

suggesting the jail had no legal responsibility to Jennifer because she was not yet admitted”. Dkt.

No. 202 at 2-3. Plaintiff also argues that Dr. Hough should not be allowed to opine on medical

conditions or societal issues. For instance, Dr. Hough opines that “life stressors are common in the

general population and in correctional populations but are not equated with imminent death”. Dkt.

No. 161-2 at 16. Dr. Hough also opines regarding statics on “behaviors, additions, and mental and

physical health conditions are spread throughout society, and arise from families, life stressors and

the individual thought process of the person in any setting”. Id at 12.

Dr. Hough is a forensic criminologist with a law enforcement background, experience

conducting death investigations, researching and administering police practices and procedures,

and experience creating and interpreting jail policy. Dkt. No. 161-1. Dr. Hough describes his

methodology as being informed by the literature and his extensive investigative experience. He

states that he reviews the materials provided, consults the criminology literature and his own

expertise and forms a detailed opinion. Id.

First, Dr. Hough’s opinion that temporary detention does not constitute a new jail admission

is not an improper legal conclusion but rather his interpretation of a correctional policy.

Furthermore, the court also rejects the Plaintiff’s objection that Dr. Hough provides improper legal

conclusions in his opinions that the actions of investigators were “reasonable” and complied with

OSBI policy and that there was not a violation of the standard of care under the deliberate

indifference standard. Dkt. No. 202 at 4. While testimony on ultimate legal issues is impermissible,

an expert witness may refer to the law in expressing an opinion and assist the jury in understanding

the facts even if that opinion is couched in legal terms. Specht v. Jensen, 853 F.2d 805, 809- 810

(10th Cir. 1988). In his report Dr. Hough references the legal standards but does not improperly

define the law for the jury. Therefore, these opinions are admissible.

Additionally, Dr. Hough’s opinion that the officers responded to the decedent’s “deteriorating

condition” in an appropriate manner, when read in the context of his report is clearly not a medical

opinion, but rather an observation regarding the officer’s conduct. Dkt. No. 161-1, p. 17. This topic

is properly within the scope of Dr. Hough’s expertise and the opinion is admissible. However, Dr.

Hough’s opinions regarding “life stressors” that are common within the general population and

other issues regarding social issues that are prevalent “throughout society” are not relevant to this

case as it is unclear how general research pertains to the actions of the correctional officers in this

case. Dkt. No. 161.1 at 17.

Finally, Plaintiff argues that Dr. Hough’s opinions are conclusory, and his methodology is

inadequate. Dkt. No. 202 at 7. The court rejects this argument as Dr. Hough’s opinions are properly

based on his experience working and consulting in law enforcement and corrections. Therefore,

Plaintiff’s motion to exclude the opinions of Dr. Hough [Dkt. No. 202] is GRANTED in part and

DENIED in part.

4. Estate’s Motion to Limit or Exclude the Testimony of Dr. Reams

The Plaintiff’s motion does not seek to exclude the entirety of Dr. Reams’ testimony, but rather

two portions where the Plaintiff argues that Dr. Reams improperly offers opinions on the actions

of police officers and jail staff. [Dkt. No. 203]. Defendant Hogan also objects to Dr. Reams

similarly arguing that he is not qualified to “give opinions as to the beliefs of non party law

enforcement Hugo police”. Dkt. No. 215 at 4. In response, Defendant Park argues that the objected

to opinions are within Dr. Reams’ area of expertise as he is merely explaining how he thinks a lay

person would interpret the decedent’s symptoms and that based on his assessment of her behavior

in the jail, there was no reason to call EMS until 2:40 p.m.. Dkt. No. 245.

Dr. Reams is a board certified physician with 25 years of clinical experience working in

emergency rooms and states that he has treated numerous patients who were in the custody of law

enforcement in some capacity. Dkt. No. 160-1 at 1. Based on his qualifications and experience,

the opinions Dr. Reams offers, even the portions that are objected to, are within the scope of his

expertise. While Dr. Reams opines on whether he believes it was reasonable for the officers to

have concerns about Ms. Crowell at various points in time, he does not opine about jail policy or

practice. Instead, he bases his opinion on his assessment of her symptoms and whether it would be

reasonable for the police to expect a patient to be medically cleared by a physician before leaving

a hospital. Given that Dr. Reams reports significant clinical experience with patients who are in

custody, this is within his scope of expertise as he knows the procedure for removing such a person

from the hospital. Because his opinions are clearly within the scope of his expertise, the Plaintiff’s

motion [Dkt. No. 203] is DENIED. Defendant Hogan’s Motion [Dkt. No. 215] is similarly

DENIED. Furthermore, to the extent Defendant Bullard seeks the same relief, her motion [Dkt.

No. 207] is likewise DENIED.

5. Motion in Limine to limit or exclude opinion of Dr. Sanders

Plaintiff objects to two of Dr. Sander’s opinions which, he argues constitute improper

vouching. Dkt. No. 204 at 1. “The credibility of witnesses is generally not an appropriate subject

for expert testimony.” United States v. Toledo, 985 F.2d 1462, 1470 (10th Cir.1993). See United

States v. Ganadonegro, 805 F.Supp.2d 1188, 1213 (D.N.M.2011) (Browning, J.)(excluding expert

testimony on whether defendant's confession was credible).

Dr. Sanders is a board certified Emergency Medicine physician with experience working in

emergency rooms in urban and rural settings. Dr. Sanders states in pertinent part, “Due to no fault

of Dr. Hogan, he was unable to complete his ordered workup for final disposition due to the

patient- physician relationship when the patient was removed from the emergency department by

law enforcement” Dkt. No. 159-1 at 2 ¶2. Plaintiff objects to the statement arguing that Dr. Sanders

“openly vouched for the credibility of Dr. Hogan by declaring him fault free”. Dkt. No. 204 at 1.

In the context of Dr. Sander’s analysis of the medical records and the deposition, it is appropriate

for him to opine regarding particular medical decisions or procedures common to an emergency

room, however stating that certain circumstances are no fault of Dr. Hogan crosses the line into

improperly opining on his credibility. Thus, the Plaintiff’s motion to exclude this portion of his

testimony is GRANTED with regard to his opinion stating that the circumstances were no fault of

Dr. Hogan but DENIED with respect to Dr. Sanders substantive medical opinions.

The Plaintiff also objects to the third paragraph of Dr. Sanders’ opinion arguing that he is not

qualified to testify about police practices. In pertinent part, Dr. Sanders opines that “From the

perspective of an emergency physician, being advised via phone by a nurse that he or she is going

to call police and have the patient arrested is not synonymous with the patient being discharged

and removed… It is common to have patients in the emergency department who are in police

custody.” Dkt. No. 159-1 at ¶3. Dr. Sanders clearly does not provide an opinion on police practices,

but rather on what a physician working in an ER would expect the police to do before removing a

patient. This opinion is within the scope of his expertise. Accordingly, the Plaintiff’s motion [Dkt.

No. 204] is DENIED in part and GRANTED in part.

6. Estate’s Motion to Limit or exclude the Testimony of Dr. Vaughn.

The Plaintiff points to two opinions provided by Dr. Vaughn that the Estate argues vouch for

the credibility of a party and offer improper opinions on law enforcement that are outside the scope

of the doctor’s expertise. Dkt. No. 205. Specifically, the Plaintiff argues that Dr. Vaughn “openly

vouched for the credibility of Dr. Hogan by siding with his testimony over that of Defendant

Bullard” referring to Dr. Vaughn’s statement that “I concur with Dr. Hogan’s sworn testimony that

he was not given the chance to complete his evaluation of this dynamic and complex situation.”

Dkt. No. 205 p. 1. It is proper for Dr. Vaughn to opine on his analysis of the medical records and

the deposition, in this context, stating that he agrees with Dr. Hogan’s analysis is not improper

vouching. The substantive medical opinion is within the scope of his expertise as a neurologist.

Thus, the Plaintiff’s motion to exclude this portion of his testimony is DENIED in part with respect

to the portion concerning the substantive medical issues.

Plaintiff’s second objection to this expert’s testimony is that Dr. Hogan improperly offers

police practices opinions. Dkt. No. 205 at 2. The opinion states in part as follows: “It was

reasonable for Dr. Hogan to expect that the police (after being contacted by nurse Bullard) would

arrive to assess and stabilize the situation but not physically remove the patient from his medical

care until he signed a discharge order”. Dkt. No. 205 at 2. Dr. Vaughn clearly does not provide an

opinion on police practices, but rather on what a physician working in an ER would expect the

police to do before removing a patient. This opinion is within the scope of his expertise.

Accordingly, the Plaintiff’s motion [Dkt. No. 205] is DENIED.

7. Motion in Limine to Limit or Exclude Expert Testimony by Velvet Bullard

Defendant Velvet Bullard raises objections to three categories of expert testimony: (1)

Plaintiff’s nursing expert, Kimberly Burtch, is not qualified to render emergency physician

standard of care opinions; (2) Dr. Jeffery Reames, an expert endorsed by Terry Park, Sheriff of

Choctaw County is not qualified to express statements of the alleged subjective beliefs of Hugo

police officers; (3) the corporate representatives of the Hospital Authority are not qualified to

provide medical standard of care and causation opinions as neither are medical professionals. [Dkt.

No. 207].

With respect to the first two objections, Defendant Bullard simply adopts and incorporates Dr.

Hogan’s Daubert motions on the same subject. The court’s order with regard to Defendant

Bullard’s first two objections are DENIED as explained supra and below in the rulings on Dr.

Hogan’s motions. Defendant Bullard’s third objection is also DENIED for the reasons explained

below regarding this court’s decision on Defendant Hogan’s Motion to exclude Mr. Rowland [Dkt.

No. 217]. Therefore, the motion [Dkt. No. 207] is DENIED.

8. Motion To Exclude testimony of Expert Witness Stacy Sinner

Defendant Park seeks to exclude opinions offered by Stacy Sinner regarding the Sheriff,

his employees, and the Choctaw County Jail. Dkt. No. 209 at 1. Specifically, Sheriff Park objects

to Ms. Sinner’s opinions that the handcuffing and positioning of Ms. Crowell put her at risk for

positional asphyxia and that the officers ignored signs that Ms. Crowell was struggling to breath.

Dot. No. 145-2, p. 13. Additionally, Sheriff Park objects to Ms. Sinner’s opinions that the Sheriff

“ignored the advice of his jail administrator despite asserting numerous times that he is not as

qualified, could not perform in the role …[and] there was no reason for officers to think that Ms.

Crowell was suicidal…” Id. Sheriff Park further argues that Ms. Sinner’s statement that stripping

Ms. Crowell’s clothes “deprived her of her dignity” is prejudicial and does not require expert

knowledge. Finally, Sheriff Park objects to Ms. Sinners opinion that it is “incompetent” for the jail

to have a policy directing officers to contact the jail’s “medical director” in cases of emergency

despite the fact that the Jail does not have a medical director. Id.

Stacy Sinner’s expert report states that she has thirty (30) years of experience working in

law enforcement and corrections and has held roles in the policy making and administration within

law enforcement or various corrections facilities. The Plaintiff argues that Ms. Sinner’s opinions

are only offered in the context of correctional training topics, specifically the training associated

with positional asphyxia and excited delirium. Dkt. No. 244.

For the most part, Ms. Sinner’s opinions are within the scope of her expertise in the field

of law enforcement and corrections training and policy. Dkt. No. 145-2 p. 2. Her first opinion that

the officers were putting her holding Ms. Crowell in a position that posed a risk for positional

asphyxia is not medical opinion as Defendant Park argues. Rather it is clearly an opinion regarding

how officers are trained to recognize signs of positional asphyxia and managing airways. Thus,

her opinions are proper and the Motion is DENIED to the extent it seeks to exclude them.

Furthermore, Ms. Sinner’s opinion that Sheriff Park’s decision to place Ms. Crowell on suicide

watch was arbitrary is also proper as it relates to correctional policy regarding assessing individuals

for suicidality. However, her opinion that the officers stripped Ms. Crowell of her dignity is

improper and does not offer specialized knowledge. Therefore, the Motion is GRANTED with

respect to that opinion. Finally, Ms. Sinner’s opinion regarding the lack of jail medical director is

also proper as it is within the scope of her expertise on correctional topics. Accordingly, Defendant

Park’s Motion to exclude opinions offered by Stacy Sinner regarding the Sheriff, his employees,

and the Choctaw County Jail. Dkt. No. 209 is DENIED in part and GRANTED in part.

9. Defendant Eric Hogan, D.O.’s Daubert Motion Regarding Plaintiff’s Expert,

Kimberly Burtch and Accompanying Brief in Support

Defendant Hogan argues that Ms. Burtch is not qualified to “testify regarding the standard of

care for an emergency department physician.” [Dkt. No. 212, p. 4.] Ms. Burtch is a licensed APRN

with a Doctor of Nursing Practice who has worked as a Certified Emergency Nurse, as an RN, and

as a nurse practitioner in an emergency room. Dkt. No. 145-3 p. 4. Ms. Burtch’s CV states that

her role in the ER regularly involves Medical Screening Exams, diagnosing patients, ordering and

interpreting diagnostic tests and prescribing medications. Id.

In response Plaintiff argues Dr. Hogan’s and Ms. Burtch’s qualifications overlap regarding the

appropriate stabilization and assessment of patients experiencing psychiatric symptoms and that

EMTALA contemplates nurse practitioners taking a similar role in patient evaluations as

physicians. Therefore, Ms. Burtch as an APRN is qualified to opine regarding how the hospital

staff assed Ms. Crowell’s condition, including how Dr. Hogan’s assessments. Dkt. No. 242 at 3.

The court agrees. Rule 702’s standards of qualifications are meant to be interpreted liberally. In re

Paoli R.R. Yard PCB Litig., 35 F.3d 717, 789 (3d Cir. 1994). Given that Ms. Burtch’s opinions

pertain to an area where her scope of practice overlaps with Dr. Hogan’s, her opinions are properly

within her area of expertise. Accordingly, Defendant Eric Hogan, D.O.’s Daubert Motion

Regarding Plaintiff’s Expert, Kimberly Burtch and Accompanying Brief in Support [Dkt. No. 212]

is hereby DENIED. Furthermore, to the extent Defendant Bullard seeks the same relief, her motion

[Dkt. No. 207] is likewise DENIED.

10. Defendant, Eric Hogan, D.O.’s Daubert Motion Regarding Plaintiff’s Expert, Charles

Pilcher, M.D.’s Expert Testimony and Accompanying Brief in Support

Defendant argues that Dr. Pilcher is not qualified to offer expert testimony in the field of

emergency medicine because he has not practiced full time emergency medicine in more than ten

(10) years and that the American College of Emergency Physicians states that in order to qualify

as an expert under their guidelines, the physician must be “‘in the active clinical practice of

emergency medicine for at least three years (exclusive of training) immediately preceding the date

of the occurrence giving rise to the case’.” Dkt. No. 213 at 5. Defendant also argues Dr. Pilcher

does not have sufficient expertise in the subject matter of the present case.

Dr. Pilcher’s experience and education qualify him to offer opinions on emergency medicine.

Dr. Pilcher practiced emergency medicine for decades, his medical license is still active, and while

he has been retired for approximately ten (10) years from clinical practice, he has still been active

in the field in the areas of publishing and consulting. Dkt. No. 145-1, p. 10. The professional

standards set forth by the American College of Emergency Physicians are not by themselves

dispositive when determining if an expert witness is qualified. Rule 702’s standards of

qualifications are meant to be interpreted liberally. In re Paoli R.R. Yard PCB Litig., 35 F.3d 717,

789 (3d Cir. 1994). To the extent Dr. Hogan argues that Dr. Pilcher’s ten (10) years of clinical

retirement weaken his conclusions, these considerations go more to the weight of the evidence

than its admissibility. Accordingly, Defendant Eric Hogan, D.O.’s Daubert Motion Regarding

Plaintiff’s Expert, Charles Pilcher, M.D.’s Expert Testimony and Accompanying Brief in Support

[Dkt. No. 213] is hereby DENIED.

11. Defendant Eric Hogan D.O.’s Daubert Motion Regarding Plaintiff’s Authority’s

designated agent, Nick Rowland

Before the Court is Defendant Eric Hogan D.O.’s Daubert Motion Regarding Plaintiff’s

Witness, Nick Rowland, and Accompanying Brief in Support. Dkt. No. 216. Defendant Hogan

argues that the Hugo Hospital Authority’s designated agent lacks adequate qualifications to opine

on medical standard of care. Id. Further Defendant Hogan argues that the Plaintiff asked Mr.

Rowland, during his deposition about the applicable standard of care, physician compliance with

hospital policy, and “the issue of the element of causation in a negligence or civil rights action.”

Dkt. No. 216 at 4. Dr. Hogan also objects arguing that Mr. Rowland should be excluded from

providing testimony as to the “duty and responsibilities of police officers and what their beliefs

should or should not be in the setting of removing a patient from the hospital.” Id. Defendant

requests that Mr. Rowland be limited to relevant matters of hospital administration.

While Defendant Hogan styles his motion as a Daubert motion, it does not appear that any

party is offering Mr. Rowland as an expert. Rather, he is the designated agent for the Hospital

Authority. Additionally, Defendant Hogan objects to the broad categories of questions that the

Plaintiff’s attorney posed to Mr. Rowland. The court cannot determine based on a description of

the kinds of questions asked whether Mr. Rowland’s testimony should be excluded. Accordingly,

the Motion Dkt. No. 216 is DENIED without prejudice.

CONCLUSION

In sum, the Estate’s Motion to Limit or Exclude the Testimony of Dr. Beaman [Dkt. No.

200] is hereby DENIED; Plaintiff’s Motion to exclude Dr. Flamik [Dkt. No. 201] is GRANTED

in part and DENIED in part, Plaintiff’s Motion in Limine to Exclude the Opinion of Dr. Hough

[Dkt. No. 202] is GRANTED in part and DENIED in part, Estate’s Motion to Limit or Exclude

the Testimony of Dr. Reams [Dkt. No. 203] is DENIED, Daubert Motion to Exclude the Expert

Testimony of Dr. Reams [Dkt. No. 215] is DENIED. Plaintiff’s Motion in Limine to Limit or

Exclude the opinion of Dr. Sanders [Dkt. No. 204] is DENIED in part and GRANTED in part,

Plaintiff’s Motion to Limit or Exclude the Testimony of Dr. Vaugh [Dkt. No. 205] DENIED,

Motion in Limine to Limit or Exclude Expert Testimony by Velvet Bullard [Dkt. No. 207] is

DENIED, Motion to Exclude Testimony of Expert Witness Stacy Sinner [Dkt. No. 209] is

DENIED in part and GRANTED in part, Defendant Eric Hogan’s Daubert Motion Regarding

Plaintiff’s Expert Kimberly Burtch and accompanying Brief in Support [Dkt. No. 212] is DENIED,

Defendant Eric Hogan’s Daubert Motion Regarding Plaintiff’s Expert Charles Pilcher, M.D.’s

Expert Testimony and Accompanying Brief in Support [Dkt. No. 213] is DENIED, Defendant Eric

Hogan D.O.’s Daubert Motion Regarding Plaintiff Authority’s Designated Agent, Nick Rowland

[Dkt. No. 216] is DENIED without prejudice.

SO ORDERED this 27th day of May, 2025.

__________________________________

RONALD A. WHITE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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