Md. Court Rejects Mold Expert’s Opinions as ‘Not Generally Accepted’ under Frye Analysis

BALTIMORE — A Maryland appellate court has barred testimony by a medical expert whose opinions linking mold to sick building syndrome and other illnesses are not generally accepted in the medical community under the state’s Frye-Reed admissibility rule.

The Court of Special Appeals noted in its Aug. 29 opinion in favor of the employer-appellant that Dr. Ritchie Shoemaker’s opinions would have been considered “reliable” under Daubert's gatekeeper test, which Maryland has not adopted.

Josephine Chesson and five co-workers allege that they have suffered an accidental injury or occupational disease as a result of sick building syndrome resulting from mold in …