Recent Screening Developments: The Silica MDL 1553 Daubert Hearing (Part Two)

The "Martindale Shuffle"

The retread issues may explain why N&M inserted paragraphs of diagnostic language into Drs. Cooper's, Hilbun's and Martindale's diagnosing reports. For all of the MDL plaintiffs that these three physicians purportedly diagnosed, Dr. Ray Harron attended the N&M screening and performed B-reads. Why then did N&M hire Dr. Cooper, Dr. Hilbun, and Dr. Martindale? N&M paid Dr. Cooper $10,280 for two screening days and Dr. Hilbun $5,000 per day. See Invoices on file with authors; Deposition of Dr. Hilbun, supra at 28.

One plausible explanation is that N&M and/or the plaintiffs' attorneys knew that N&M and …