In Chiulli v. Newberry Fine Dining, Inc., Civil Action Number 10-10488-JLT (U.S.D.C. MA. October 17, 2012), the Federal District Court denied defendant’s motion in limine to preclude plaintiff’s neuroimaging expert Randall Benson, M.D. from testifying and to preclude testimony with regard to diffusion tensor imaging.
This is now the eleventh case in a row with no defeats, that diffusion tensor imaging has been upheld by Courts throughout the United States.
This decision comes on the heels of recent DTI research positively correlating DTI findings with mild traumatic brain injury.
While DTI, cannot solely be the grounds for making a diagnosis of traumatic brain injury, DTI abnormalities along with clinical exam, history, and review of medical records creates a sound basis for the diagnosis.