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Social Security Determinations
In a medical malpractice litigation, should a Social Security Administration (SSA) determination of disability be admitted as evidence? In a May 2 decision, the U.S. District Court for the District of New Jersey prohibited a plaintiff's request to introduce into evidence the SSA's conclusion that the plaintiff was, at least in part, disabled as the result of the operation that was the subject of the claim. The case, Orber v. Jain, 2012 U.S. Dist. LEXIS 61332 (5/2/12), was decided by U.S. District Judge Renee Marie Bumb, who concluded that the SSA's Disability Determination was inadmissible for being not only cumulative but also more prejudicial than probative.
The Case
Plaintiff Jayne Orber underwent knee replacement surgery in June 2009. She did not recover well, and now claims that she has difficulty walking or sitting for long periods, has trouble keeping her balance, and suffers from numbness in her lower left leg. Orber testified ' and defendants did not dispute ' that she was awarded Social Security disability benefits starting from the date of her surgery. She also presented the testimony of damages expert Andrew Verzilli, who testified that the SSA had awarded Orber disability benefits starting from the date of surgery.
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