A doctor testifying as an expert witness cannot be excluded solely because his opinion is not supported by or conflicts with medical literature, a federal judge has ruled.

The 38-page opinion by Senior U.S. District Judge William H. Yohn Jr. in Ellison v. United States is a major setback for the Justice Department because it clears the way for a plaintiff with catastrophic injuries to go to trial with his medical malpractice suit against the Veterans Administration.

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