This section contains the nature of the case and procedural background.

When Chelsea Weekley was approximately five months old, she was dropped and suffered a skull fracture. A cyst formed in the area. The fracture and cyst did not become a cause for concern until, at the age of 17, she was hit in the head and suffered a loss of consciousness, blurred vision, and dizziness. Weekley underwent a 'cranioplasty' surgery to repair the fracture and the area of the dura where the cyst had formed. The surgery was performed by Dr. Flannery (D), a neurosurgeon, and Dr. Sampath (D), a neurosurgical resident. Weekley was discharged a day after the surgery and was found dead in her bed three days later. An autopsy was performed by Dr. Raj Nanduri, a board-certified forensic pathologist. Dr. Nanduri was unable to identify a cause of death. So she asked Dr. Mary Case, a neuropathologist, to examine Weekley's brain. Dr. Case found that the surgery damaged the dura and surface of Weekley's brain. Based on this finding, Dr. Nanduri concluded that Weekley had died from a seizure brought about by the surgical damage. Neither Dr. Nanduri nor Dr. Case was aware of or had reviewed the pre-surgery CT and MRI scans when they made their findings. P, sued Ds alleging that they provided Weekley with negligent post-operative care and that this negligence caused Weekley to suffer a seizure and die. P filed two motions in limine over three of Ds' expert witnesses: Dr. John Ruge, a pediatric neurologist; Dr. Douglas Miller, a neuropathologist; and Dr. Steven Rothman, a pediatric neurologist. P argued in part that Dr. Ruge and Dr. Rothman were 'not qualified through education or experience to give an opinion to a reasonable degree of medical certainty as to Weekley's forensic cause of death.' The court denied P’s motion. At trial, Dr. Ruge testified that the death was from an inflammation of the heart. The judge allowed the testimony. The district judge concluded that although Dr. Miller had previously stipulated that he had reached his opinions with a reasonable degree of medical probability but not medical certainty, his opinions had been adequately shared before trial and thus would not constitute a prejudicial surprise to P. Dr. Miller testified that 'it's overwhelmingly probable that [Weekley's death] was not caused by a seizure.' Dr. Rothman testified that he did not believe Weekley suffered any seizures before her death. P did not object to any of Dr. Rothman's cause-of-death opinions during the trial. Ds got the verdict and P appealed. P argues on appeal that the district court erred in permitting Dr. Ruge, Dr. Miller, and Dr. Rothman to testify about the specific cause of Weekley's death.

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