In Why a Medical Expert Witness Can Make or Break a Case, pulmonary medicine expert witness Dr. John Penek, MD, FCCP, FAASM, writes:
Whether the court case is civil or criminal in nature, both plaintiffs and defendants can benefit from the use of a medical expert witness. This is especially true in an era where forensic technology is growing by leaps and bounds.
Just what can a medical experts offer in the realm of traditional jurisprudence?
Transportation expert witnesses may provide expert witness testimony on transportation technology, transportation safety, railroad accident investigation, railroads, and more. In the news, The National Transportation Safety Board has sent a team to investigate the Metro North passenger train accident in New York City. The train derailed in the Bronx, killing four.
NTSB Rail Safety Investigator Mike Flanigon will lead a team of specialists in track, signals, mechanical systems, operations, human performance, etc. The NTSB website offers statistics on transportation fatalities. In 2011, rail fatalities accounted for 759 of the total 34,434. The NTSB case decisions database may be found here: http://www.ntsb.gov/legal/o_n_o/query.aspx
In It Takes More Than Common Sense, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
The primary purpose of expert witness testimony is to assist the trier of fact in understanding the evidence and/or determining a fact issue. A trial judge therefore has the duty and responsibility to ensure that an expert has specialized knowledge and their testimony will be applicable in assisting the trier of fact relevant to the case at hand.
The plaintiff in a recent Federal Maritime case alleged he tripped on a two-inch line on the vessel’s deck and sustained injuries. The plaintiff asserted an un-seaworthiness claim against defendant and sought damages for, among other things, lost earnings and impairment of his earning capacity.
In Avoid This Expert Report Writing Error, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
As an experienced expert report writer and testifying expert I recommend that attorneys make sure their expert avoids this common expert report writing error.
It is vital that an expert investigate and study the evidence without predisposition. I often read the reports of other experts, in which I see a section labeled “Objective”. In this section I see statements such as:
Pharmacology expert witnesses may provide reports and expert witness testimony concerning clinical pharmacology, generic drugs, patented drugs, pharmaceutical companies, and associated matters. It was recently announced that the state of Vermont will receive almost $1.4M in the consumer fraud lawsuit against Johnson & Johnson and Janssen Pharmaceuticals. The DOJ charged the drug companies with illegal marketing and kickbacks to influence doctors to prescribe Risperdal, Natrecor and Invega to their patients.
Janssen Pharmaceuticals, Inc., a New Jersey pharmaceutical company of J&J, provides medicines for attention deficit hyperactivity disorder (ADHD), general medicine (acid reflux disease, infectious diseases), mental health (bipolar I disorder, schizophrenia), neurologics (Alzheimer’s disease, epilepsy, migraine prevention and treatment), pain management, and women’s health. Sister companies include Janssen Biotech and Janssen Theraputices.
Dr. Robyn Porterfield and her partner industrial psychology expert witness Dr. Bob Rose write about the benefits of knowing about the services of Industrial Psychologists.
Judging from the scarcity of Industrial Psychologists (often called IO Psychologists) on legal websites many practitioners may know little, if anything about what they do. IO’s are a specialized group of professionals who have PhDs in Psychology and focus on behavior in the workplace and can speak to issues such as safety, discrimination, harassment, hiring and termination. While these areas require some specialized knowledge beyond the scope of IO training they also have associated psychological factors. For example, a safety program may not be effective if not communicated in a way people can understand and remember. Discrimination in hiring often involves understanding psychometric issues such as validity, an area where Industrial Psychologists have considerable training and understanding of practical applications. Industrial Psychologists whose consultation to business is their sole or major endeavor know the difference in ivory tower theory and real-world applications.
Read more: Rose Porterfield Group Inc
I asked safety and disaster management expert Dr. Michael J. Fagel to comment on the Typhoon Haiyan disaster. He specializes in industrial safety, OSHA, safety, FEMA, security, transportation, and the food industries. He spent over 100 days at ground zero following the September 11, 2001 attacks.
Planning, something we always talk about, but, when the disaster happens, we wonder what has occurred and why. The extraordinary events that have occurred in the Philippines, underscore the need for human services and support. I have been to many hurricanes and man made disasters over the last 30 years.
We must strive for open and honest communications during the event. Specifically,
Accident investigation expert witnesses may give opinions and provide reports concerning crash investigations, preservation of the accident scene, skidmark analysis, and more. In October, the National Highway Traffic Safety Administration released a statistical projection of traffic fatalities for the first half 2013 which showed that an estimated 15,470 people died in motor vehicle traffic crashes. USA Today reported this week that hit-and-run crashes, including fatal ones, are increasing in many big cities. Los Angeles has the dubious distinction of having almost half of accidents fall into this category.
Dr. Sara Solnick, Professor at the University of Vermont, has studied hit-and-run crashes in the context of the economic model of behavior. She says drivers who have much to lose, e.g. young drivers, those under the influence, or those without a license, are motivated to not get caught.
Transportation expert witnesses may consult on bus & truck safety, highways, transportation engineering, transportation safety, and associated matters. This past week the National Transportation Safety Board announced their investigations into deadly crashes in the past year has resulted in a recommended audit of the Federal Motor Carrier Safety Administration’s oversight procedures. Four commercial vehicle accidents resulted in 25 deaths in the time period December 2012 to June 2013. Investigations revealed safety problems that went unnoticed or were not remedied by the FMCSA until after the accidents.
For more information, see the November 7, 2013, NTSB Press Release.
Real estate appraisal expert witness Carlton Segars testified this week that South Carolina bank First National Bank, as well as their appraiser, acted fraudulently in a $3M loan made to state Senator Ray Cleary and his investment company. The fraudulent appraisal under-reported wetlands on the property. The wetlands cannot be developed but First National Bank allegedly included them in the loan amount.
Wetlands may be a marsh, swamp, bog, slough, etc. EPA regulations at 40 CFR 230.3(t) explain that:
Wetlands vary widely because of regional and local differences in soils, topography, climate, hydrology, water chemistry, vegetation, and other factors, including human disturbance. Indeed, wetlands are found from the tundra to the tropics and on every continent except Antarctica.
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