Our firm has spend a lot of time fighting battles with defense lawyers over independent medical exams. This Mississippi case in the Welding Fume Products Liability MDL (venued in Ohio) involves the defendant’s request for a second independent medical exam and the concern plaintiffs have about the request.
At the defendants’ request, the plaintiff had an IME with a neurologist who – shocker! – found that the plaintiff’s injuries were not from welding fume. Defendants then wanted the plaintiff to submit to a second IME involving electrophysiological testing by neurophysiologists. Plaintiff refused and defendants’ filed a motion to compel.
Plaintiff’s lawyer argued that the plaintiff should not have to undergo electrophysiological testing because it would be extremely stressful for him, since he suffered a severe electrocution accident in 2000.
You would think that might carry the day. It didn’t.