Berry v. Cardiology Consultants, P.A. case brief

Berry v. Cardiology Consultants, P.A. case brief summary
909 A.2d 611 (2006)

CASE SYNOPSIS

In a malpractice action against defendants, doctor and employer, plaintiffs filed a motion for post-trial relief asserting that the verdict was against the weight of the evidence and that an algorithm offered through a defense expert witness should not have been admitted into evidence.

CASE FACTS

• The decedent passed away, and it was found that the immediate cause of death was acute pneumonitis and amiodarone toxicity. 
• The doctor had prescribed the decedent with the drug amiodarone. 
• This was for the purpose of addressing atrial fibrillation. 
• Plaintiffs' principal argument was that the dosage given to the decedent was double what the standard of care permitted. 
• In support of their argument that the dosage was excessive, plaintiffs admitted an algorithm that allegedly showed that the dosage given to the decedent was excessive. 
• The defense called an expert who was a member of a committee that published a pamphlet that addressed treatment of atrial fibrillation. 
• The defense expert prepared the algorithm in that publication. 
• This defense algorithm was properly admitted into evidence. 

DISCUSSION

• The trial court admitted the algorithm because it was useful as a demonstrative tool in a complex case and because it was a better for the jury to see both the defense algorithm and plaintiffs' algorithm. 
• Such an algorithm was admissible, in the face of a Del. R. Evid. 801 objection, in order to organize expert testimony in a complex case and to make it more easily understood.

CONCLUSION
The motion was denied.


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