Five Federal, State Judges and Arbitrators Deny Motions to Exclude Arrigo as Expert in Health Care Litigation Cases
April 25, 2019 Health News(PRLEAP.COM) Finding a Medical Billing Expert Witness for healthcare litigation takes time and diligence. One factor attorneys may investigate is whether an expert has ever been excluded.
In certain types of litigation, a motion in limine, Hallmark, Frye motion, or Daubert Challenge may be introduced to exclude an expert witness.
Motions to exclude an expert witness are tactics that are sometimes used by an opposing party to prevent the admissibility of testimony in court or to a jury. Motions may focus on alleged deficiencies in an Expert's qualifications, Expert methodology, Expert's basis for opinions, and other factors.
Consequently, if an Expert survives a motion to exclude his or her testimony, it is favorable for their reputation. Accordingly, if the motion to exclude is DENIED, this is a favorable outcome for the expert, and usually for the side that retained the expert.
Importantly, a Chief U.S. District Judge, a U.S. District Judge, one State Judge, and an arbitrator denied motions to exclude Michael Arrigo. Another Arbitrator consented to a stipulation of Arrigo's expert qualifications.
These are recent Rulings in cases where Michael Arrigo serves as an expert witness:
Medicare Fraud Case (Federal), Local Coverage Determinations (LCDs), National Coverage Determinations (NCDs), Medically Necessary Care, Damages
Medicaid and Medicare Fraud Case (Federal), Kick Backs, Cost Report Fraud, Non-Medically Necessary Care, Electronic Discovery, Damages
Personal Injury Case, Usual Customary and Reasonable Cost of Medical Care, Rebuttal to Life Care Plan, Duty of Plaintiff to Mitigate Damages and Cost of Medical Care (State of Texas)
Provider v. Biller Dispute, Industry Standards for Provider and Billing Companies, Damages Calculations (State of California Arbitration)
Personal Injury Case (State of California), Usual Customary and Reasonable Cost of Medical Care, Affordable Care Act Out of Pocket Maximum, Essential Health Benefits
Arrigo has served as an expert regarding some of the burning platforms in healthcare: Medicare Fraud, opioid redirection risk under the Controlled Substances Act, and high cost medical bills.
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(1) Technically, Granted in Part, Denied in part. Partial grant of motion was not due to expert qualifications but based on procedural issues and the Court's determination of what was admissible.
(2) Denied subject to voir dire. However opposing counsel never called their expert after Arrigo's deposition testimony that the Defendant's expert's methods were flawed. Arrigo was therefore not called as a witness because he was designated as a rebuttal expert to Defendant's expert.