Fictional Motion to Strike/Motion in Limine When Opposing Expert Misrepresents His Training

Fictional Motion to Strike/Motion in Limine when opposing expert misrepresents his training.

Comes now the plaintiff and moves this court for an order striking Defense Witness Sanford Doe, or, in the alternative, striking his opinions. In his deposition, and his CV tendered by the defense Dr. Doe is a trained medical doctor, holds a medical degree, a master’s degree in biostatitsics, a Phd in mathematics and statistics with an emphasis in bio-statistics.” Subsequent research and testimony of Dr. Doe reveals he misrepresented his credentials to this court in significant and multiple ways.

Dr. Doe misrepresented his education in deposition in Smith and in his testimony to the court and in his report as follows:

1. He misrepresented himself to this court claiming he had was a medical doctor[1]

This is not the first time he has done so. In Sames v Jones, a on 2/2/2008, he completed an affidavit (see exhibit A) stating “I am a biostatistician/epidemiologist trained in clinical medicine and anatomy.”(emphasis supplied) Further, in websites he refers to himself as a trained physician with expertise in various medical conditions (See exhibit B) This contrasts his recent testimony under oath wherein he was forced to admit, ”…I’m not holding myself out as an expert in medicine or having practiced medicine in any country or being an expert in any clinical area of medicine.”[2] (emphasis supplied)

However, the undersigned has uncovered the facts documented later in this motion which reveal:

.

a.  Dr. Doe never applied to any medical school.

b.  He was never enrolled in any medical school. [3](yet he testified “I’d already graduated from medical school.[4]

c.  While his CV alleges he was “dual” enrolled in a medical school in Georgia, he admits he was not enrolled in the medical school.

d.  Dr. Doe never completed any residency.

e.  He cannot verify any claimed courses he may have taken in anatomy, even as an undergraduate alleging they may have been “independent study”

f.  He claims the sum total of 2 years of college education and then is vague about whether transcripts exist to support this..

g.  Dr. Doe is not an expert on anatomy.

h.  Dr. Doe is not an expert in medicine.

i.  Dr. Doe has no license to practice medicine in the US and produced no license or verification that he was ever granted a medical degree (MD)from any college anywhere at any time.)

j.  Admits “I was in class to a teeny bit. Not much (Sampson 66/4)

k.  Admits “I didn’t sit through a bunch of courses at any time in my education.” Sampson8/2)

l.  Admits his bachelor’s degree was in psychology (Sampson 68/l)

m.  Claims to be an expert in anatomy, physiology and biochemistry then admits he can’t advise if his transcript would really reveal said courses (Sampson 70/20)

n.  Claims he had courses but admits he doesn’t know if a formal transcript will confirm such education(Sampson 7l/3).

o.  He then claims he received his MD degree from the University of Grenada which he subsequently admitted was really St. George which did not become a medical school until 12 years after he left the country. [5]

The undersigned submits that if the defense presents a witness who claims to be a trained physician, have a medical degree, when in reality the witness is never attended any medical school, never obtained a medical license, practiced medicine and is not an expert in medicine and appears to have had no formal college education beyond 2 years, much less a legitimate medical degree from any accredited medical school in the world, it is misleading the court and the undersigned would hope the defense would stipulated to an order striking Dr. Doe for fraud.

A review of the many websites in which Dr. Doe holds himself out as a trained physician includes holding himself out as having expertise in, among other things, (see exhibit___

a.  Cervical dysplasia

b.  Neurosurgery” and some 60+ other medical conditions

c.  However, he admitted in another deposition that he never sought application to the medical school nor was he ever officially enrolled in the medical school.[6]

He admitted he had no equivalent of residency. He admitted he had no fellowship and took no test to become a licensed physician.

When asked if there was a formal scholastic component to his “associated Medical School (as referred to in his CV” His response was to call it “associated Medical Services program” and say “I have no idea”

d.  During the time he is allegedy studying medicine in the British Virgin Islands that same year he allegedy received his master’s in Mathematics in Georgia State university wherein he said he was a full time student (claiming 6 months),.[7]

e.  Thereafter, when he qualified by the British Health Service per his CV, he is also obtaining his Phd in Mathematics in Georgia State wherein he advised he attended full time for a year. How could he be in Georgia full time getting his Phd while also in another country?197l was a very busy year for Dr. Doe because he also claims in his CV to be an instructor at the Virginia polytechnic Institute and State University. So he is in Georgia, London and Virginia all during a year period wherein he testified he worked full time at Georgia on his Phd? He said the Phd program was full time as well (Sampson deposition page 5/3)

. Dr. Doe was asked about the potential for misleading this court “Don’t you think that since the judge in the Smith case referred to you as a trained medical doctor as part of your training, since you admitted you are absolutely not an expert in medicine, you don’t hold a license, you never graduated from any accredited medical school.., it might be misleading for a judge to see the initials MD after your name and believe that in fact you are an expert in medicine?”[8] Dr. Doe’s denied even the possibility that his claims to this court were deceitful. “Nope” [9]

Testimony reveals he admits

a.  “I was in class some. I just don’t recall how much” [10]

b.  Has no license to practice medicine[11]

c.  Claims the MD degree …”has nothing to do whatsoever with the practice of medicine”[12]

d.  He cannot provide proof he ever attended a medical school anywhere in the world, nor can he prove he is an expert in medicine and, in fact, admits he is not.

e.  Claims there are no accredited medical schools in England under the American definition. Claims Oxford does not give degrees in medicine. “degrees in medicine are given by hospitals [13] This is in stark contrast to his CV wherein he claims to have received his medical degree from “Associated Medical Schools” It becomes even more convoluded and suspicious in another deposition claiming he trained with “it was called Associated Medical Services”[14].Ultimately, in his most recent deposition, he admits no such institute currently exists. and admits such organization, whatever he claims the name to be, no longer exists.[15]

2. He represented to this court that he had a Masters Degree in Biostatistics.[16]

This is false. [17] He admitted in a recent deposition that at the time he allegedly attended college there were no independent courses in biostatistics. [18] He also claimed to have completed his Master’s degree in only 6 months[19] and is vague at best when questioned whether transcripts would reveal more than a sum total of two years of college including his alleged B.S. Master’s, Phd and Medical Degree.

3. He represented to this court that he had a Phd in mathematics in statistics with emphasis in biostatistics.[20] This is false.[21] He also claims to have obtained his Phd in only a single year which is highly questionable.[22] 54/2 Phd was full time, maybe a year. The college he claimed he attended at that time offered no such classes (biostatistics)

4.Dr. Doe alleges he is an expert in epidemiology. Dr. Doe admits he has no degree in epidemiology and admitted in the attached deposition that when he was in college there were no formal classes on this subject. [23]

4. He represented to this court that he had a B.A./B.S. This is inconsistent with his CV which reflects only an alleged B.S.[24] He claims he received his BS at Georgia State in 1967 yet testified When asked specifically what his Bachaelor’s degree testified he only had a B.A. degree.

5. Claims he took courses in epidemiology and biostatistics. [25] Yet admitted when he was getting his alleged degrees he did not take a course in biostatistics and previously indicated he’d not had a formal course in epidemiology. There is no proof he was formally trained in this field taking courses and we wish to see transcripts proving he had courses with grades. In deposition it was requested the expert sign a release to obtain these records and he refused. The undersigned seeks an order requiring him to produce such release.

5. Dr. Doe Represented to this court he was a professor full time professor,

And the attached email from his university reveals he has not taught in years. See exhibit___

6. Dr. Doe denied under oath having his opinion previously stricken when he knew it had been. In Smith v. Jones, 444 So.2nd 23, the Florida Supreme Court struck the doctor’s opinion as being “absurd” and “contrary with logic and directed the defense attorney to send via certified mail, a copy of the court’s decision so if he were asked in the future whether his opinions were stricken he would have to admit that, in fact, they had.

7. He Doesn’t understand groups he claims to research The expert refers to the “Academy of Forensic Sciences “ as the “Association of Forensic Science” Smith deposition 3/20-2l

Conclusion

In light of the forgoing it is the request of the undersigned that this witness be stricken for failure to testify with candor such that he intentionally misrepresented his background and training. It is requested that the defense be ordered to send a copy of the order to the expert by certified mail, return receipt requested so if asked in the future if his opinions were stricken he would be required to admit to same.

1

[1] Smith v Robinson , transcript 9/10/2009 transcript see page 27/ll

[2] Sampson deposition page 90/9

[3] Aimes v. Gargon, Memorial hospital 3/23/1997 deposition: admits he was never enrolled in the medical school.”

[4] (Sampson deposition 62/ll)

[5] (Dr. Doe’s deposion in Aimes l3/10- 134\ /5)

[6] Harsh v Boswell memorial hospital admits he was never officially enrolled in the medical school.

[7] (deposition Sampson 53/l8)

[8] Sampson depostion111/l7

[9] Sampson deposition page 107/2

[10] Deposition of Dr. Doe in Sampson page 65/4)

[11] (Deposition Sampson page 97/24)

[12] (Sampson 90/24)

[13] (Sampson 112/2l, 86/l)

[14] Marsh v Boswell, 3/27//91. page l2, line l6

[15] Sampson deposition page 133/line 7

[16]

[17] 1 of his CV attached to the deposition in Sampson v. Hanson deposition taken 3/l/2009 reveals he has a master’s degree in mathematics

[18] Sampson, page 87/line 22” Would my transcript reveal that I took a course in biostatistics? Biostatistics had no—had no independent courses…”…page 88/line one admits took no courses in biostatistics)

[19] Sampson deposition53/l7

[20] Id

[21]per his deposition in Sampson v Barretto taken 3/l/2011 page 87/line 22” Would my transcript reveal that I took a course in biostatistics? Biostatistics had no—had no independent courses”…page 88/line as well. Page 65/line 18-20 “…there was no statistics deparment for the most part…”

[22] See Sampson deposition page 54/2

[23] (Sampson depositin page120/1-7).

[24] See transcript of his testimony in Smith, at page 27.

[25] Sampson deposition 8l/5-7