Vale v. Fed. Bureau of Prisons, 673 F. App'x 114 (2d Cir. 2016). · Go Syfert
Vale v. Fed. Bureau of Prisons, 673 F. App'x 114 (2d Cir. 2016). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 7 distinct courts.
Strongest positive: Kelley v. Franklin County Rehab (vtsuperct, 2026-03-30)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) Kelley v. Franklin County Rehab
Vt. Super. Ct. · 2026 · confidence medium
Vale v. United States, 673 Fed.
cited Cited as authority (rule) MARK PATANE, et al. v. NESTLÉ WATERS NORTH AMERICA, INC.
D. Conn. · 2026 · confidence medium
Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016) (citing Nimely, 414 F.3d at 396 n.11).
cited Cited as authority (rule) Post University Inc v. Learneo, Inc.
D. Conn. · 2025 · confidence medium
Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016) (citing Nimely, 414 F.3d at 396 n.11).
discussed Cited as authority (rule) Hamrit v. Citigroup Global Markets, Inc.
S.D.N.Y. · 2024 · confidence medium
“As a threshold matter, trial courts must consider whether the witness is qualified by knowledge, skill, experience, training, or education to render his or her opinions as an expert, before reaching an analysis of the testimony itself.” Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016).
discussed Cited as authority (rule) Guerrero v. Loiacono (2×) also: Cited "see"
E.D.N.Y · 2024 · confidence medium
(Avshalumov Dep. at 41:11-17.) Accordingly, the Court finds that Dr. Avshalumov’s experience and review of Plaintiff’s medical records, including imaging of his knee, clinical examinations, and surgical findings, establish that his opinion as to Plaintiff’s probable need for a future knee replacement is a product of reliable principles and methods that are reliably applied, and he sufficiently explains “how his opinion was based on his experience or medical education[.]” Vale v. United States of Am., 673 F. App’x 114, 117 (2d Cir. 2016).
discussed Cited as authority (rule) Integris Risk Retention Group v. Capital Region Orthopaedics Associates, PC
N.D.N.Y. · 2024 · confidence medium
Further, “[t]hese elements must be established by expert testimony, unless the testimony is within the ordinary knowledge and experience of the jury.” Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016) (citing Milano by Milano v. Freed, 64 F.3d 91, 95 (2d Cir. 1995)).
discussed Cited as authority (rule) Lane v. American Airlines, Inc.
E.D.N.Y · 2024 · confidence medium
(Rodd Rep. 26 (concluding that the alleged sexual assault could exacerbate Lane’s “existing diagnosis of PTSD” that she suffered “from earlier experiences in her life all the way back to her childhood” but could not exacerbate “the other conditions of , , Antisocial Personality Features, , and ,” which “were fully present in Ms. Lane’s life prior to the alleged sexual assault”).) Without any explanation of this distinction, the Court finds that Dr. Rodd’s report and proffered testimony regarding causation or exacerbation “lack[s] reliable foundation because [she] provid…
cited Cited as authority (rule) Wynne v. East Hartford
D. Conn. · 2023 · confidence medium
Vale v. United States of Am., 673 F. App'x 114, 116 (2d Cir. 2016) (summary opinion) (citing Nimely, 414 F.3d at 396 n.11 (2d Cir. 2005)).
cited Cited as authority (rule) John Smith v. The United States Department of Justice
S.D.N.Y. · 2023 · confidence medium
March 4, 2021), aff’d, No. 21-711, 2022 WL 2118945 (2d Cir. June 13, 2022) (quoting Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016)).
cited Cited as authority (rule) Redd v. Garell
S.D.N.Y. · 2023 · confidence medium
March 4, 2021) (quoting Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016)).
cited Cited as authority (rule) Garthwait v. Eversource Energy Service Company
D. Conn. · 2022 · confidence medium
Vale v. United States of Am., 673 F. App'x 114, 116 (2d Cir. 2016) (summary opinion) (citing Nimely, 414 F.3d at 396 n.11).
discussed Cited as authority (rule) Moore v. Shahine
S.D.N.Y. · 2021 · confidence medium
Malpractice In order to prove a medical malpractice claim in New York, Plaintiff must establish “(1) that the defendant breached the standard of care in the community, and (2) that the breach proximately caused the plaintiff’s injuries.” Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016).
discussed Cited as authority (rule) Potter v. US Department of Health and Human Services
S.D.N.Y. · 2020 · confidence medium
Generally, district courts must first “consider whether the witness is qualified by knowledge, skill, experience, training, or education to render his or her opinions as an expert, before reaching an analysis of the testimony itself.” Vale v. United States of Am., 673 F. App’x 114, 116 (2d Cir. 2016) (summary order) (citing Nimely v. City of N.Y., 414 F.3d 381 , 396 n.11 (2d Cir. 2005)).
discussed Cited as authority (rule) Laber v. Long View R.V., Inc.
D. Conn. · 2020 · confidence medium
“As a threshold matter, trial courts must consider whether the witness is qualified by knowledge, skill, experience, training, or education to render his or her opinions as an expert, before reaching an analysis of the testimony itself.” Vale v. United States of Am., 673 F. App’x 114, 116 (2d Cir. 2016) (summary order).
examined Cited as authority (rule) Durant v. United States (3×) also: Cited "see", Cited "see, e.g."
N.D.N.Y. · 2020 · confidence medium
In other words, “[e]xpert testimony is inadmissible as unreliable where it consists of conclusory and speculative opinions, or where it lacks foundation.” Vale v. United States, 673 F. App’x 114, 116-17 (2d Cir. 2016).
discussed Cited as authority (rule) Karavitis v. Makita U.S.A., Inc.
D. Conn. · 2017 · confidence medium
A witness is qualified where he or she has “superior knowledge, education, experience, or skill with the subject matter of the proffered testimony.” Vale v. U.S., 673 Fed.Appx. 114, 115 (2d Cir. 2016) (summary order) (finding an expert unqualified to testify as to plaintiffs medical diagnosis where ex pert was trained in a different medical discipline, had no a valid license to practice medicine, and had not practiced medicine in 16 years).
discussed Cited "see" John-Cedeno v. New York City Health + Hospitals Corporation
E.D.N.Y · 2025 · signal: accord · confidence high
“New York law further provides that, ‘except as to matters within the ordinary experience and knowledge of laymen, expert medical opinion evidence is required’ to make out both of these elements.” Ibid. (ellipsis omitted) (quoting Fiore v. Galang, 478 N.E.2d 188, 189 (N.Y. 1985)); accord Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016).
cited Cited "see" Darley v. United States
S.D.N.Y. · 2025 · signal: accord · confidence high
Id.; accord Vale v. United States of Am., 673 F. App’x 114, 116 (2d Cir. 2016).
discussed Cited "see" Harbec v. N. Country Hosp. & Health Pracs.
2d Cir. · 2023 · signal: see · confidence high
See Vale v. United States, 673 F. App’x 114 , 115–16 (2d Cir. 2016) (affirming grant of summary 4 judgment on FTCA claim where the plaintiff failed to produce the admissible expert testimony necessary to establish medical-malpractice claim).
discussed Cited "see, e.g." Yeend v. Akima Global Services, LLC
N.D.N.Y. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016) (summary order) (“As a threshold matter, trial courts must consider whether the witness is qualified . . . before reaching an analysis of the testimony itself.”); Nimely, 414 F.3d at 396-97 (“[A]fter determining that a witness is ‘qualified as an expert’ to testify as to a particular matter . . . and that the opinion is based upon reliable data and methodology, Rule 702 requires the district court to make a third inquiry: whether the expert’s testimony (as to a particular matter) will ‘assist the trier of fa…
discussed Cited "see, e.g." Krom v. Smith & Nephew, Inc.
N.D.N.Y. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Vale v. United States, 673 F. App’x 114, 116 (2d Cir. 2016) (summary order) (“As a threshold matter, trial courts must consider whether the witness is qualified . . . before reaching an analysis of the testimony itself.”); Nimely, 414 F.3d at 396-97 (“[A]fter determining that a witness is ‘qualified as an expert’ to testify as to a particular matter . . . and that the opinion is based upon reliable data and methodology, Rule 702 requires the district court to make a third inquiry: whether the expert’s testimony (as to a particular matter) will ‘assist the trier of fa…
discussed Cited "see, e.g." Portnov v. United States
E.D.N.Y · 2019 · signal: see also · confidence medium
“The Government’s liability under the FTCA is limited to ‘circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.’” Bernard v. United States, 25 F.3d 98, 102 (2d Cir. 1994) (quoting 28 U.S.C. § 1346 (b)); see also Vale v. United States of America, 673 F. App’x 114, 116 (2d Cir. 2016).
Retrieving the full opinion text from the archive…
Jason VALE, Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA, Defendant-Appellee, Federal Bureau of Prisons, Unknown Persons in Their Individual Capacity as Correctional Officers, and Other Unknown Persons in Their Individual Capacity as Medical Personnel Employed by the United States, Defendant
15-3265.
Court of Appeals for the Second Circuit.
Dec 21, 2016.
673 F. App'x 114
For Plaintiff-Appellant: Jason Vale, pro se, Bellerose Manor, New York., For Defendant-Appellee: Varuni Nelson & Rachel G. Balaban, Assistant United States Attorneys, Robert L. Capers, United States Attorney, Brooklyn, New York.
Kearse, Wesley, Livingston.
Cited by 22 opinions  |  Unpublished

SUMMARY ORDER

Appellant Jason Vale, pro se, appeals from the district court’s grant of summary judgment in favor of the Federal Bureau of Prisons (“Bureau”) on his complaint alleging medical malpractice under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. Vale alleged that the Bureau negligently failed to diagnose and treat his Barrett’s esophagus and bronchopleural fistula while he was incarcerated. He filed an expert report by Dr. Peter Lipsius to prove the Bureau’s negligence. The district court concluded that Vale had failed to submit admissible expert testimony that was necessary to establish his claim of medical malpractice because Dr. Lipsius did not qualify as an expert witness and his testimony was not reliable. We assume the parties’ familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.

[*116] We review de novo a district court’s grant of summary judgment, with the view that summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Sousa v. Marquez, 702 F.3d 124, 127 (2d Cir. 2012) (internal quotation marks omitted). We review a district court’s ruling on expert testimony for abuse of discretion, and will uphold the ruling unless it was “mánifestly erroneous.” Wills v. Amerada Hess Corp., 379 F.3d 32, 41 (2d Cir. 2004).

In order to prevail in a medical malpractice claim in New York, whose law is made applicable to this FTCA claim by 28 U.S.C. § 2674, see, e.g., Guttridge v. United States, 927 F.2d 730, 732 (2d Cir. 1991) (“[T]he FTCA defines the liability of the United States in terms of that of a private individual under the law of the state where the alleged tort occurred.... ”), a plaintiff must establish “(1) that the defendant breached the standard of care in the community, and (2) that the breach proximately caused the plaintiffs injuries.” Arkin v. Gittleson, 32 F.3d 658, 664 (2d Cir. 1994). These elements must be established by expert testimony, unless the testimony is within the ordinary knowledge and experience of the jury. Milano by Milano v. Freed, 64 F.3d 91, 95 (2d Cir. 1995). Because the standard of care for treating and diagnosing Barrett’s esophagus and bron-chopleural fistulae is beyond the ordinary ken of the jury, Vale’s malpractice claim could not proceed without expert testimony.

Federal Rule of Evidence 702 governs the admissibility of expert testimony and requires trial courts to determine whether the proffered testimony is relevant and reliable. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 588, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); Fed. R. Evid. 702. As a threshold matter, trial courts must consider whether the witness is qualified by knowledge, skill, experience, training, or education to render his or her opinions as an expert, before reaching an analysis of the testimony itself. Nimely v. City of N.Y., 414 F.3d 381, 396 n.11 (2d Cir. 2005).

Upon review, we conclude that the district court did not abuse its discretion in determining that Dr. Lipsius was not qualified to provide expert testimony and that his testimony did not meet the standards of reliability for expert testimony. A witness is qualified where he or she has “superior knowledge, education, experience, or skill with the subject matter of the proffered testimony.” United States v. Tin Yat Chin, 371 F.3d 31, 40 (2d Cir. 2004). Dr. Lipsius was trained in anesthesiology, was not familiar with the appropriate treatment for Vale’s conditions, did not possess a valid license to practice medicine, and had not practiced medicine in 16 years. Accordingly, he was not qualified to provide expert testimony as to the Bureau’s alleged negligence.

Even assuming arguendo that Dr. Lipsius was qualified to provide expert testimony, his testimony was inadmissible because it was unreliable as a matter of law. Expert testimony is inadmissible as unreliable where it consists of conclusory and speculative opinions, or where it lacks foundation. See Major League Baseball Prop. Inc. v. Salvino, 542 F.3d 290, 311 (2d Cir. 2008); see SR Inter. Bus. Ins. Co. v. World Trade Ctr. Props. LLC., 467 F.3d 107, 132 (2d. Cir 2006). Dr. Lipsius’s testimony provided conclusory and speculative statements that the Bureau was negligent in failing to discover Vale’s medical conditions and did not explain how the Bureau could have discovered Vale’s Barrett’s esophagus or bronchopleural fistula when a lab test and CT scan performed after Vale’s release from prison did not reveal[*117] the conditions. His testimony also lacked reliable foundation because he provided no explanation as to how his opinion was based on his experience or medical education.

We have considered all of Vale’s arguments and find them to be without merit. Accordingly, we AFFIRM the judgment of the district court.