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Webster v. Desai

Upon the proper exclusion of the plaintiff's expert, the plaintiff had no expert medical testimony to establish that the defendant's negligence proximately caused her granddaughter's baby's injuries.

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Rohit Desai, M.D., administered Depo-Provera1 to 15-year-old Kyia Andrews while she was pregnant with her son, Mekhii Andrews, who was born with limb reduction defects “LRD”.2 Mekhii’s great-grandmother and conservator, Juanita Webster, filed a medical malpractice action against Dr. Desai, Rohit M. Desai, M.D., P.C., and Stone Mountain Family Medicine collectively, “Dr. Desai”, alleging that Dr. Desai’s administration of the contraceptive caused Mekhii’s LRD. Dr. Desai filed a motion to exclude the testimony of Webster’s expert witness and a motion for summary judgment, and the trial court granted both motions. Webster appeals and, for reasons that follow, we affirm. 1. Webster contends that the trial court erred in granting Dr. Desai’s motion to exclude the testimony of her expert witness, Dr. Robert F. Smith. We disagree.

Dr. Smith opines “within a reasonable degree of scientific certainty that Mekhii Andrews’s limb defects were caused by his mother’s ingestion of Provera during her very early pregnancy.” In a thorough, well-reasoned opinion, the trial court concluded that Dr. Smith’s testimony would be inadmissible at trial under the standard set forth in Daubert v. Merrell Dow Pharmaceuticals 3 and OCGA § 24-9-67.1 because 1 Dr. Smith was not qualified to provide an expert opinion in this case; 2 Dr. Smith was not qualified to render an expert opinion that Dr. Desai’s administration of MPA caused Mekhii’s LRD; and 3 Dr. Smith’s conclusions were not the product of reliable methods.

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