How often do you, as an expert witness, convert initial calls from potential retaining counsel into a paid expert witness assignment? If your answer is less than 75% of the time you are losing a considerable amount of expert witness income. Depending on your area of expertise and the size and complexity of the case,… read more
Can counsel disqualify a patent expert witness by merely having the expert sign a non-disclosure agreement (NDA)? The court, in ZIPTRONIX, INC. v. OMNIVISION TECHNOLOGIES, INC., Dist. Court, ND California 2013, said NO. The court stated the law: Although courts have declined to use a brightline rule to determine whether an expert witness should be… read more
Is a treating physician who is subpoenaed to testify at deposition entitled to be paid his customary expert witness fee? The court, in Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. Court, D. Nevada 2013, said yes. The court stated: Hartford now takes the position that Dr. Elkanich may not be entitled to a fee… read more
By Vernon B. Williams, MD Introduction Effective concussion programs require action prior to a concussion ever occurring (Pre-Season/Pre-Concussion). There are other protocols and actions required at the time a concussion occurs (Acutely). Still more specific actions, policies, and procedures involve sub-acute, and sub-chronic concussion management and appropriate return to play. Preseason/Pre-Concussion Clinical Care Essentials Pre-season… read more
By: Karl R. Leinsing, MSME, PE Experienced Medical Device Expert Witnesses can assist with a case in many different ways. First, they have industry knowledge of the medical device industry and can assist with prior art in patent litigation cases for example. They understand the technology and how claim terms are understood for one skilled… read more
By Vernon B. Williams, MD Neurologists have historically participated in evaluation and management of injured athletes when the injury has affected the nervous system. Neurologists had been consulted in other instances to evaluate the function of nerves in conjunction with a primary musculoskeletal injury. But lately, Neurologists have played an even larger role in sports… read more
Since the invention of synthetic polymers (or sometimes called plastics) in the 1930’s, the use of polymers has exploded. Polymers are used in everything from plastic milk bottles, molded plastic articles, fabrics (nylon & polyesters), composites, adhesives, and coatings. A polymer expert witness may be called in the following types of cases: Product Liability (plastic… read more
Sports Concussion Expert Witness Explains Long Term Concussion Risk in Youth By Vernon B. Williams, MD Commitment. Hard Work. Sportsmanship. Physical Fitness. Time Management. Teamwork. Scholarship Opportunities. Self Confidence. These are often cited and well-recognized benefits of and lessons learned through participation in youth sports. One of the most pressing concern over participation in… read more
The Excellent Expert Witness Deposition How can lawyers and their expert witness achieve an excellent deposition? Trial attorney James Mizgala of Sidney Austin recommends the following: Tell the lawyer who retained you explicitly, the desired information, and get it Do not rely on counsel for your literature and background searches Be able to explain why… read more
What is Neuropathology and How Can It Be Of Use In Expert Witness Testimony? Neuropathology encompasses a wide area of anatomic pathology, including neurodegenerative disorders, vascular disease, genetically determined developmental disorders of the central nervous system & skeletal muscle and finally; a variety of injuries caused by environmental factors as varied as toxins to trauma… read more
