U.S. Magistrate Judge Steven C. Yarbrough issued a memorandum opinion on March 5, 2026, ruling on three Daubert motions regarding the admissibility of medical expert testimony.

The court denied Wexford Defendants' motion to exclude Plaintiff's expert, Dr. Ryan Herrington, rejecting arguments that his methodology was unreliable or speculative.

Wexford argued Herrington's analysis was outcome-driven because he reviewed the autopsy report before the medical records. The court found this approach permissible, noting that the cause of death was not in dispute and that pathologists routinely begin with known outcomes.

The court also rejected the argument that Herrington's reliance on professional experience rather than peer-reviewed studies rendered his opinions inadmissible under Federal Rule of Evidence 702.

However, the court granted in part the NMCD Defendants' motion to exclude certain opinions from Dr. Herrington.

Dr. Herrington is barred from testifying about utilization management as it pertains to the NMCD or offering opinions on the role of NMCD Defendant Wence Asonganyi regarding the decision to remove Jimenez from COVID quarantine.

The court excluded these opinions because they were not disclosed in Herrington's expert report and were based on inferences rather than known facts.

The court denied the NMCD Defendants' broader request to prohibit Herrington from mentioning the New Mexico Department of Corrections entirely, finding that such references provide necessary factual context for the jury.

The court also ruled on the Plaintiff's motion to exclude the NMCD Defendants' expert, Dr. Dean Rieger.

The court granted the motion in part, excluding Dr. Rieger's opinions on whether medical staff exhibited "deliberate indifference."

The court held that whether a provider was "deliberately indifferent" is a legal term of art outside the expert's purview, though Dr. Rieger may still testify on the adequacy of the medical care provided.

The court also barred Dr. Rieger from speculating on why Jimenez refused a urine test on March 22, 2021.

Dr. Rieger remains permitted to testify about the symptoms associated with illicit drug use and other medical explanations for Jimenez's condition.