NEW ORLEANS - An evenly split Fifth Circuit U.S. Court of Appeals on Oct. 14 denied en banc rehearing to a woman whose $3.5 million medical malpractice jury verdict a panel reversed 2-1 on grounds that the trial magistrate wrongly excluded defense expert testimony (Barbara and Rodney Huss v. John Overton Gayden, et al., No. 04-60962, 5th Cir.; 2009 U.S. App. LEXIS 22563). From Mealey's Daubert Report