Treating Physician Allowed to Testify on Causation in Popcorn-Flavoring Case

DENVER — A treating physician’s opinion that diacetyl exposure caused a plaintiff’s lung disease is admissible despite a lack of scientific testing because causation is a component of routine medical treatment, a federal judge has ruled. Watson, et ux. v. Dillon Companies Inc., et al., No. 08-cv-00091 (D. Colo.).

Chief Judge Wiley Y. Daniel of the U.S. District Court for the District of Colorado said in rejecting an admissibility challenge to the physician’s testimony that the ruling follows 10th Circuit precedent and defendants can challenge the opinion on cross-examination.

Judge Daniel’s June 7 ruling came on a motion by food …