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Davis v. Insurance Company of the State of Pennsylvania8/20/2001
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
Summary: While working in the stationary department at Wal-Mart, claimant was injured when a paper shredder fell and struck the left side of her head. A CT head scan taken that day indicated no hemorrhage or lesions. However, she thereafter developed headaches, memory loss, unsteady gait, and other symptoms. Subsequent MRIs disclosed a mass on the right side of the brain which was larger with each subsequent MRI. Finally, approximately 18 months post-injury, claimant underwent brain surgery which disclosed an anaplastic astrocytoma, which is a glioma-type tumor. Although claimant's treating neurologists initially opined that the tumor was unrelated to her injury, during deposition they changed their opinions and testified that it was caused by the trauma. Claimant also called a non-treating neurosurgeon who testified similarly. However, another neurologist who had examined claimant, testified that there was no relationship between the trauma and the tumor. More importantly, Dr. Peter Burger, a neuropathologist on the faculty at Johns Hopkins, with 30 years experience in the field of brain tumors, testified on behalf of the insurer that that causation was not possible based on everything currently understood about glioma-type tumors, emphasizing in particular that brain tumors do not grow as quickly as would have been necessary in this case. He also testified there is no evidence suggesting trauma impacts or accelerates the growth of an existing tumor.
Held: Dr. Burger was far more qualified than all of the other medical witnesses in the area of brain tumors and their causation. His opinions were supported by medical literature and were persuasive.
Topics:
Benefits: Medical Benefits. Claimant suffering from right-sided glioma-type brain tumor failed to persuade the Court her tumor was caused by work-related blow to the left side of her head, therefore she is not entitled to medical benefits for treatment of the tumor.
Causation: Medical Condition. Claimant suffering from right-sided glioma-type brain tumor failed to persuade the Court her tumor was caused by work-related blow to the left side of her head. The testimony of a tumor specialist, who was far more qualified than other testifying physicians, was persuasive that no link has been established between trauma and glioma-type brain tumors and that in any event glioma-type tumors develop slowly and could not have possibly developed in the short time in this case.
Evidence: Expert Testimony: Physicians. The testimony of tumor expert, with over 30 years experience and who is well versed in current medical research and literature as to cause of a brain tumor, is more persuasive than the testimony of far less qualified physicians.
Physicians: Conflicting Evidence. The testimony of tumor expert, with over 30 years experience and who is well versed in current medical research and literature as to cause of a brain tumor, is more persuasive than the testimony of far less qualified physicians.
The trial in this matter commenced on December 14, 2000, in Kalispell, Montana. Petitioner, Marilee Davis (claimant), was unable to be present but was represented by Mr. Garry D. Seaman. Respondent, Insurance Company of the State of Pennsylvania (Insurance of Pennsylvania), was represented by Mr. Donald R. Herndon. Through agreement of the parties, further telephone testimony was taken on January 25, 2001.
Exhibits: Exhibits 1 through 44, 46 and 47 were admitted without objection. Exhibit 45 was not offered.
Witnesses and Depositions: The parties agreed that the depositions of Robert Hollis,
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