Court Grants Motion for Electrophysiological Testing of Plaintiff

CLEVELAND - Federal MDL Judge Kathleen M. O'Malley has ordered electrophysiological testing of plaintiff Eddie Byers, saying he has placed his physical and mental condition at issue and the tests sought by defendants could aid in a diagnosis. Byers v. Lincoln Electric Co., et al., No. 1:04-CV-17033 (N.D. Ohio).

The judge said in granting the defense motion on Aug. 5 that defendants have met Federal Rule 35's "good cause" requirement and the testing will not be invasive or unsafe.

This bellwether case was scheduled for trial in July, but in March, defendants asked for a postponement to conduct additional discovery.