TODD J. CAMPBELL, District Judge.
Pending before the Court, among other things, is Defendant's Daubert Motion to Exclude Causation Testimony of Plaintiffs' Non-Retained Experts (Docket No. 3494). Defendant seeks to exclude any causation opinion testimony from Drs. Smith, Meyer, Haidak, Yazdani, Yeung, Mathur, Obeid and Zamaludin as inadmissible under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). For the reasons stated herein, Defendant's Motion is GRANTED.
As this Court has previously held, generally a treating physician may provide expert testimony regarding a patient's illness, the appropriate diagnosis for that illness, and the cause of the illness. Gass v. Marriott Hotel Services, Inc., 558 F.3d 419, 426 (6th Cir.2009). However, a treating physician's testimony remains subject to the requirement set forth in Daubert, that an expert's opinion testimony must have a reliable basis in the knowledge and experience of his discipline. Id.
A treating physician's expert opinion on causation is subject to the same standards of scientific reliability that govern the expert opinions of physicians hired solely for the purposes of litigation. Bland v. Verizon Wireless (VAW) LLC, 538 F.3d 893, 897 (8th Cir.2008).
In Gass, the Sixth Circuit found that the district court properly permitted the treating physicians to testify regarding symptoms, tests, diagnosis and treatment, but it properly excluded their testimony regarding causation. Gass, 558 F.3d at 426-428. The court stated that the ability to diagnose
The U.S. District Court for the Eastern District of Tennessee has held that there is a fundamental distinction between a treating physician's ability to render a medical diagnosis based on clinical experience and her ability to render an opinion on causation of the patient's injuries. Wynacht v. Beckman Instruments, Inc., 113 F.Supp.2d 1205, 1211 (E.D.Tenn.2000). The injury in Wynacht involved exposure to chemicals in a laboratory. The court stated: "The ability to diagnose medical conditions is not remotely the same, however, as the ability to deduce, delineate, and describe, in a scientifically reliable manner, the causes of those medical conditions." Id.
The treating physician for whom no expert report is supplied is not permitted to go beyond the information acquired or the opinion reached as a result of the treating relationship to opine as to the causation of any injury. Lorenzi v. Pfizer, Inc., 519 F.Supp.2d 742, 750, n. 6 (N.D.Ohio 2007).
To the extent that the source of the facts which form the basis for a treating physician's opinions derive from information learned during the actual treatment of the patient—as opposed to being subsequently supplied by an attorney involved in the litigation—then no Rule 26(a)(2)(B) statement should be required. Id. However, when the doctor's opinion testimony extends beyond the facts disclosed during care and treatment of the patient and the doctor is specially retained to develop opinion testimony, he or she is subject to the provisions of Rule 26(a)(2)(B). Id.
Plaintiffs response as to Drs. Yazdani, Yeung, Smith, Mathur and Zamaludin reveals no evidence that these treating physicians are qualified to offer causation opinion testimony in this case. See Docket No. 3606. Therefore, Defendant's Motion is GRANTED as to Drs. Yazdani, Yeung, Smith, Mathur and Zamaludin.
Dr. Haidak is board certified in hematology, oncology and internal medicine. Docket No. 3606-15, p. 11 (pp. 30-31 of Dr. Haidak's deposition). Dr. Haidak testified that he did not consider himself to be an expert on ONJ or risk factors for ONJ during the time he treated Mr. Simmons with Zometa, but he became aware of a possible association between osteonecrosis
Dr. Haidak agreed that to the extent he developed any expertise in ONJ as an oncologist, it occurred after his treatment of Mr. Simmons. Id., p. 17 (deposition, p. 57). As noted above, a treating physician for whom no expert report is supplied is not permitted to go beyond the information acquired or the opinion reached as a result of the treating relationship to opine as to the causation of any injury. Lorenzi, 519 F.Supp.2d at 750, n. 6.
Citing no authority for this proposition, Plaintiff argues that Dr. Haidak should be permitted to offer "causation testimony by exclusion." Docket No. 3606, p. 18. The Court finds that the purported causation testimony by exclusion does not meet the standards of Daubert for admissibility. Dr. Haidak may be qualified to testify about his diagnosis and treatment of Mr. Simmons, but not about the cause of Mr. Simmons' ONJ.
Dr. Meyer is an oral maxillofacial surgeon. He testified that he did not consider himself to be an expert in ONJ or in the risk factors for ONJ. Furthermore, he testified that, at the time he treated Mr. Simmons, he did not have an opinion to a reasonable degree of medical certainty as to what caused Mr. Simmons' ONJ. Docket No. 3496-13, p. 10 (p. 37 of Dr. Meyer's deposition). By his own admission, he has no expert opinion as to the cause of Mr. Simmons ONJ, and therefore, he may not offer expert testimony in this action.
Dr. Obeid is an oral surgeon whose attorney stated at his deposition that he was offered as a fact witness only. Docket No. 3596-30, p. 37 (p. 36 of Dr. Obeid's deposition). Plaintiff argues about a lot of things to which Dr. Obeid testified but never points the Court to an opinion of Dr. Obeid, under oath and to a reasonable degree of medical certainty (as opposed to notes in certain medical records), as to the cause of Mr. Simmons' ONJ. Therefore, Dr. Obeid has no admissible specific causation expert testimony to be offered.
The fact that Dr. Obeid told Mr. Simmons that he had ONJ from the Aredia and Zometa drugs does not mean that Dr. Obeid is qualified to give an expert opinion as to specific causation in this case. Plaintiff argues that Dr. Obeid is well-qualified to diagnose Mr. Simmons (Docket No. 3606, p. 14). His qualifications to diagnose Mr. Simmons are not at issue. As noted above, the ability to diagnose medical conditions is not the same as the ability to opine as an expert about the causes of those medical conditions. Gass, 558 F.3d at 426.
For all these reasons, Defendant's Daubert Motion to Exclude Causation Testimony
IT IS SO ORDERED.