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Sunday, March 07, 2021 10:25:18 AM
As we all know, judge Bernal of the CA. district court ruled against summary judgement in the FDA vs. CA. Stem Cell case (a case that mirrors USRM's). It seems Justice Bernal views expert witness testimony as means to achieve due process and this is something I expect the appellate court is acutely aware of. The appellate judges themselves acknowledged they do not fully understand the science, therefore; it would seem the only way to make an informed decision would be to hear expert witness testimony as we are seeing with the CA. Stem Cell case.
I see this scenario as being similar to providing a patient with a consent for treatment. A consent is a legal document based on the science of the procedure, potential risks and complications, and expected outcome. It is intended to educate. A consent can be used as basis to seek other opinions to assist in making an informed decision - something I would hope the appellate court values.
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