Defense Medical Experts Can No Longer Call Plaintiff “Malinger”

New Jersey Courts do not allow expert testimony about symptom magnification, malingering or other equivalent concepts.  In Rodriguez v. Walmart Store, the Appellate Division stated, “we adopt the reasoning of other jurisdictions that have disallowed such expert opinions about symptom magnification, malingering, or other equivalent concepts in civil jury cases…” 449 N.J. Super. 577, 596 (App. Div. 2017).  The Court reasoned that this testimony may be used as a “thinly veiled comment on a witness’[s] credibility.” See Rodriguez, 449 N.J. Super. at 585.

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