Articles Posted in Expert Witness News

In Another Example of the Importance of Experts, Michael J. Sacopulos, Esq., writes:

Earlier this month a Galveston County Texas Judge dismissed a medical malpractice claim against Mainland Center Hospital. The malpractice action had been brought by Jim Howard, III. Howard alleged that the emergency room staff at Mainland Center Hospital broke his femur in March of 2009. Howard’s action was originally filed on June 13, 2010. The Court ordered Howard to present an expert report that supported his claims of professional negligence within a 120 day time frame. That time frame ended February 23, 2011. Counsel for the defendant notified the Court that an expert report had not been filed and requested that Howard’s action be dismissed. Approximately 13 months after the initiation of the litigation, the suit was dismissed by the Court for Howard’s failure to provide an expert report.

At this time, Howard is incarcerated in the Texas Department of the Criminal Justice System for intoxicated manslaughter and intoxicated assault. This case underscores several important facts about medical malpractice litigation. First, it is easier for a patient to bring a suit than it is for a defendant to have the suit dismissed. Secondly, an expert witness is a critical component to medical malpractice actions.

CalCoastNews.com reports that pharmacology expert witness Neemah Yamin-Esfandiary testified that Kaylee Weisenberg, accused of killing California Highway Patrol Officer Bret Oswald in 2010 crash, outside of Paso Robles, CA, was not under the influence of methamphetamine at the time of the accident.

Read more: CalCoastNews.com.

Insurance adjusters expert witnesses may testify on insurance claims, insurance agencies, insurance fraud, and associated topics. In Adjusters’ Pet Peeves, Charles Hunter Mcree writes:

1. Cheapskate insurance buyers. Some policyholders make insurance-buying decisions based on “the cheapest quote,” and then feign surprise when they don’t get platinum claim service. Usually things are cheaper for a reason. If you check into a Motel 6 and pay a bargain basement price, then please do not whine because the hotel lacks concierge service and a mint on the pillow. When shopping for insurance, many accounts are “all about price.” When they have a claim, it is all about service. Sorry, but those two usually go hand-in-hand-in both claims adjusting and in other realms.

Read more: propertycasualty360.com.

In Study sheds light on EU outbreak’s E coli family tree, Lisa Schnirring, Center for Infectious Disease Research & Policy writes:

German researchers who were the first to release the initial genome sequence of the Escherichia coli O104:H4 outbreak strain published their in-depth findings yesterday, which found that it differed from a 2001 strain found in Germany, but that both could have evolved from a common progenitor. Infectious disease expert Dr Dag Harmsen, that the group’s work represents the first use of a next-generation sequencing platform.

Read more: www.cidrap.umn.edu.

GlassOnWeb.com reports:

The unfinished Harmon tower at CityCenter is virtually unrepairable and could collapse in a “code-level” earthquake, according to a structural engineer hired by MGM Resorts International who examined the 27-story building.

Read more: glassonweb.com.

Silicone breast implant expert witnesses may write reports and testify on silicone products, silicone gel-filled implants, and silicone-rubber materials. HoustonPressBlogs reports that Houston-based pharmaceutical injury lawyer Ed Blizzard was a chief negotiator in a 1990s case against Dow Corning and helped to win a $3.2 billion settlement in the silicone breast implant case. In 1991 Dow lost the lawsuit filed by Mariann Hopkins who claimed her implants had ruptured and damaged her immune system. Thomas Talcott, a former Dow Corning engineer, to testified as an expert witness on her behalf.

Blizzard is now representing about 50 people against Johnson & Johnson over what Dr. Thomas Joyce, a biomedical engineering professor at Newcastle University (UK), recently called “the biggest disaster in the history of orthopedics.” In 2010, The New York Times exposed Johnson & Johnson subsidiary DePuy Orthopedics for surgically implanting faulty artificial hips that were designed to last 15 years or more, but instead failed after just a few years. “What has happened is the friction of metal on metal has caused a shedding of metal debris that causes bone erosion and tissue death,” says Blizzard.

Read more: blogshoustonpress.com.

Insect expert witnesses may write reports and opine on mosquitoes, flies, termites, and more. The defense team in Casey Anthony’s murder trial brought in an independent expert witness on insects, giving testimony that appeared to bolster some of the case for the Orlando woman’s attorneys.

Read more: bbn.frn.com.

Trucking expert witnesses may write reports and testify on federal motor carrier safety regulations, the truck manufacturing industry, qualifications of truck drivers, and related topics. Transport Topics offers trucking and freight transportation news and this week reports:

American Trucking Associations President and CEO Bill Graves issued the following statement after the United States and Mexico announced the launch of a new cross-border trucking program:

“American Trucking Associations welcomes this latest step in improving the efficiency of trucking and trade at our southern border. By signing this historic agreement, the U.S. and Mexico have laid the groundwork for continued economic growth on both sides of the border.

PricewaterhouseCoopers has just released its Daubert Challenges to Financial Experts:An 11-year study of trends and outcomes, which surveys federal cases since the U.S. Supreme Court’s 1999 Kumho Tire decision expanded Daubert’s reach to financial experts. Highlights of this year’s report include:

* This past year (2010) saw the most challenges and the second highest exclusion rate for all expert witnesses during the past 11 years (2000-2010).

Read more: bvwirenews.com.

The Supreme Court failed to uphold a California law banning the sale of violent video games to children on June 27, citing the First Amendment right to free speech. Professor Craig Anderson, distinguished professor of psychology and director of ISU’s Center for the Study of Violence, has contributed extensively to a large body of research showing a definitive link between exposure to violent media and aggressive behavior. Though he has served as an expert witness in similar cases, he did not take part in this one.

Read more: iowastatedaily.com.