Articles Posted in Expert Witness News

Zoloft MDL presiding Judge Cynthia M. Rufe, E.D. Pa., granted the plaintiffs motion to present a new pharmaceutical expert witness. Hundreds of Zoloft birth defect lawsuits have been filed. The antidepressant manufactured by Pfizer is tied to an increased risk of defects like persistent pulmonary hypertension in infants. Other serious side effects include seizures, heart defects, autism, and malformations of the skull or brain.

U.S. District Court, Eastern District of Pennsylvania website: About MDL 2342.

This Multidistrict Litigation (“MDL”) was created by Order of the United States Judicial Panel on Multidistrict Litigation (“MDL Panel”) on April 17, 2012. The typical case involves claims by a plaintiff from anywhere in the United States against defendant Pfizer, Inc., and may name other defendants as well.

Food safety expert witnesses may consult on food borne illnesses, food handling, restaurant industry standards, and food poisoning. This week Bidart Bros. expanded an apple recall to include all granny smith and galas shipped from its Shafter, Calif., facility after two strains of Listeria monocytogenes were confirmed in the apple processing plant. The bacteria are believed to be the same ones associated with the 2014 outbreak that killed seven people and sickened many more. The recall first targeted packaged caramel-coated apples but the recall has been broadened to all shipments of Bidart Bros. Granny Smith and Gala apples.

On 1/10/15 CDC.gov posted:

CDC is collaborating with public health officials in several states and with the U.S. Food and Drug Administration (FDA) to investigate an outbreak of Listeria monocytogenes infections (listeriosis) linked to commercially produced, prepackaged caramel apples. Listeria can cause a serious, life-threatening illness.

In Malpractice Premiums Drop for 6th Straight Year, oncology expert witness Dr. Judy L. Schmidt writes:

86% of Rates Decreased or Did Not Change

The MLM survey analyzes malpractice insurance rates charged by carriers in markets that range from entire states to single counties. The publication asks insurers to quote their standard rates for policies with limits of $1 million for an individual claim and $3 million in any given year for all claims. Rates published by MLM, effective as of July 1, are not necessarily what physicians pay, because insurers apply a variety of credits, debits, and other factors that raise or lower the dollar amount.

At the Safe Havens International website, school crisis preparedness expert witness Michael S. Dorn writes on school attack plots. Dorn is Executive Director of Safe Havens International, a non-profit school safety center.

School Attack

A Minnesota teen revealed to police the extent of his plans for a school attack. His plan was to “destroy everyone”. He planned on entering Waseca Junior and Senior High School, throwing Molotov cocktails and pipe bombs. When the SWAT team arrived, he planned on killing himself.

Pyramid scheme expert witness Dr. William W. Keep was in the news this week urging SEC chief Mary Jo White to intensify the investigation of Herbalife. The FTC recently closed pyramid scheme BurnLounge, the New York City online music store and Dr. Keep, business dean of the College of New Jersey, recommended that multilevel marketing companies submit their enforcement policies to regulators every five years. Herbalife is a global nutrition company founded in 1980. The company has over 7,400 employees worldwide, and its shares are traded on the New York Stock Exchange with net sales of $4.8 billion in 2013.

Herbalife.com commented on the recent ruling by the Ninth Circuit Court of Appeals in its decision in FTC v. BurnLounge, Inc. Herbalife issued the following statement:

Today’s decision by the United States Court of Appeals for the Ninth Circuit in the FTC v. BurnLounge, Inc. validates product consumption by participants as a legitimate measure of demand for multi-level marketing companies and rejects Bill Ackman’s fundamental thesis against Herbalife. This ruling from one of the country’s most influential courts is consistent with Herbalife’s position that the widespread demand Herbalife has demonstrated for its products, by members and non-members alike, confirms that it is a multi-level marketing company with proper business practices.

Explosions expert witnesses may consult regarding dust explosions, flammable materials, combustion, and associated matters. On Monday, an explosion at the International Nurtrition animal feed processing plant in Omaha caused part of the facility to collapse and sent more than ten employees to the hospital. OSHA writes:

The grain handling industry is a high hazard industry where workers can be exposed to numerous serious and life threatening hazards. These hazards include: fires and explosions from grain dust accumulation, suffocation from engulfment and entrapment in grain bins, falls from heights and crushing injuries and amputations from grain handling equipment.

Grain dust explosions are often severe, involving loss of life and substantial property damage. Over the last 35 years, there have been over 500 explosions in grain handling facilities across the United States, which have killed more than 180 people and injured more than 675.

Carnival rides expert witnesses may consult on carnival ride maintenance, amusement park safety, and carnival ride accidents. A ride new to the North Carolina State Fair malfunctioned Thursday night and injured five people. The Vortex began running as riders were exiting the carnival ride and some people were thrown to the ground. North Carolina Labor Department ride inspection chief Tom Chambers says his department is reviewing a safety switch that malfunctioned earlier in the week. Mechanical equipment and the operation of the ride will be investigated.

Accident reconstruction expert witnesses may advise regarding collision analysis, crash worthiness, traffic accident reconstruction, and injury reconstruction issues. Middlesex County, NJ, authorities are investigating a fatal automobile accident that has been classified as a suicide-homicide. A 15 year old driver crossed over into oncoming traffic and killed two passengers in a second car. An eye witness said the driver was speeding and authorities report a lack of skid marks which indicate he did not try to stop.

Child psychology expert witness Dr. Bruce D. Perry spoke October 7, 2013, at the annual conference of the Stanislaus County (CA) Family and Domestic Violence Council. Dr. Perry is the Senior Fellow of The Child Trauma Academy in Houston and an Adjunct Professor of Psychiatry and Behavioral Sciences at the Feinberg School of Medicine of Northwestern University in Chicago. He spoke on the psychological effects of violence on children and said counselors who work with abused children need to understand that violence changes how the brain develops and functions.

Dr. Perry has served as a consultant and/or expert witness on the Oklahoma City bombing, the Waco siege, the YFZ Ranch custody cases, and the Columbine High School massacre.

A Los Angeles jury reached a decision that AEG Live was not responsible for Michael Jackson’s death. Jackson’s family was seeking $1.5B in economic damages during the five month lawsuit. AEG Live’s finance expert witness estimated that Michael Jackson would have earned $21M if he had completed a worldwide tour and a Las Vegas show. AEG’s lead attorney Marvin S. Putman is a partner in O’Melveny & Myers LLP’s Century City office and a member of the Business Trial and Litigation Practice. He described Michael Jackson as making “some bad choices.” “It was Mr. Jackson, not AEG Live, that chose Conrad Murray.”