Personal Injury Law

Florida Judge Rules DTI and SPECT Admissible with Traumatic Brain Injury Case

By Bruce Stern

Recently, a Florida judge entered orders denying defendant's motion to bar the admissibility of  Diffusion Tensor Imaging and SPECT in a traumatic brain injury case. 
 
Defendants filed a Frye challenge arguing that DTI and SPECT were not generally accepted by the medical community for use in the diagnosis of traumatic brain injury. Defendant argued that  plaintiff should therefore be barred from introducing the test findings at time of trial.
 
After a hearing, the trial court found that Diffusion Tensor Imaging was not a new or novel science.  It found that plaintiff had demonstrated that the basic underlying principles of DTI have been sufficiently tested and accepted by the relevant scientific and medical communities.  Relying on the testimony of David Herbst, a board certified radiologist, the court found that DTI studies are definitely accepted by practicing radiologists and are depended upon by physicians who order them to assist in diagnosing and treating patients with traumatic brain injuries.
 
The court also based its decision on the fact that DTI has been FDA approved and peer reviewed and approved.  The plaintiff's position was further buttressed by the position of the American College of Radiology which provides that indications for MRI of the brain with diffusion tensor imaging is helpful to diagnose traumatic brain injury.
 
The court's decision regarding the admissibility of SPECT was similarly decided.

Full post as published by Traumatic Brain Injury Law Blog on October 18, 2010 (boomark / email).