Treating Physicians Allowed to Testify on Causation in Railroad Worker’s Suit

NEW YORK — A federal judge has declined to prevent a railroad track worker’s treating physicians from testifying that fumes and smoke he ingested likely led to pulmonary illness, saying, in part, that the link is recognized in New York’s Industrial Code. Romanelli v. The Long Island Railroad Co., No. 11 Civ. 2028 (SAS) (S.D. N.Y.).

Judge Shira A. Scheindlin also ruled July 13, however, that the link alleged between diesel and other fumes and cardiac arrhythmia is not commonly known and must be supported by scientifically reliable evidence, even if it comes from treating physicians.

Plaintiff Frank Romanelli …