Can You Rely on DTI?

The plaintiffs’ bar has discovered a new litigation tool to present cases involving mild brain injury to the jury. Diffusion Tensor Imaging (DTI) requires the plaintiff to undergo a series of MRI’s and other scans in order to provide a map of the brain, which theoretically pinpoints the area of mild brain injury. DTI provides the jury with something tangible to look at when considering whether the plaintiff suffered a mild brain injury. Given the mandatory liability coverage that interstate trucking companies are required to carry, the plaintiffs’ bar has the incentive to spend the resources necessary to obtain the DTI scans.

Attorneys John Wilcox and Mike Judy recently published their article, “Can You Rely on DTI?” in DRI’s In Transit newsletter. The article discusses the science behind DTI, examines whether DTI survives Daubert challenges, and offers ideas on how to challenge the admissibility of DTI.



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