By ASIF ILYAS, MD, MBA, FACS INTRODUCTION Shoulder injury related to vaccine administration (SIRVA), is an avoidable sequelae of vaccine placement. Although the far majority of shoulder discomfort from shoulder vaccinations are temporary and self-limited, there remains a risk for potential injury or irritation of shoulder structures from errant injections and / or tissue response… read more
Introduction Self-driving cars incorporate a raft of new technologies. Among several drivers of adoption, the business models of well-funded ride-hailing services depend on rapid introduction of vehicle autonomy. In this environment, IP attorneys should expect increasing patent litigation around the enabling technology and as such may require the assistance of autonomous vehicle expert witnesses. Self-driving… read more
By Kelly Wilbur, Esq. Actuaries often serve as expert witnesses. Below is an example of a cross-examination of an actuarial expert witness. This case involved an actuary testifying as to economic damages suffered by a plaintiff. The expert witness in actuarial science is challenged on a number of areas including qualifications, being a hired gun, bias,… read more
By Kelly Wilbur, Esq. Accountants often serve as expert witnesses. Following is an example of a cross-examination of an accounting expert witness. This case involved an accounting expert testifying as in loan loss litigation resulting from the 2008 financial crisis and real estate development. The accounting expert witness in the following sample transcript is cross examined… read more
According to SEAK’s 2021 Survey of Expert Witness Fees: The median hourly fee for file review/preparation for all experts responding is $400/hour. The median hourly fee for depositions for all experts responding is $475/hour. The median hourly fee for testifying in court for all experts responding is $500/hour. 66% of experts responding require retaining counsel… read more
By William Madland, MD, FACOG INTRODUCTION Postpartum hemorrhage (PPH) is defined as cumulative blood loss of greater than or equal to 1000 ml within 24 hours after birth, regardless of route of delivery. It is the leading cause of maternal death worldwide (1). Hemorrhage requiring blood transfusion is the leading cause of severe maternal… read more
By Kelly Wilbur, Esq. Accident reconstruction expert witnesses commonly testify in civil and criminal trials involving motor vehicle accidents. Below is a sample cross-examination of an accident reconstruction expert witness. The cross is fairly brief and focuses on how the analysis was done, what computations the expert failed to do, the fact that the expert… read more
By Kelly J. Wilbur, Esq. Medical malpractice actions are unusual in that many states require patients (i.e. plaintiffs) to demonstrate that they have expert witness support for their medical malpractice allegations before suit is filed. Such requirements are grounded in either state statutes or regulations. These rules are designed to discourage frivolous malpractice lawsuits and encourage pre-suit… read more
The below is an instructive example of cross-examination questions posed to a pediatric neurology expert witness in a medical malpractice case. An issue in the case is the cause of hypoxic-ischemic encephalopathy (HIE) in a newborn. The pediatric neurology expert witness retained by the defense has opined that the injury to the infant was due… read more
Steven Babitsky, Esq. State and federal courts are encouraging and, in some cases, requiring litigants to proceed with virtual litigation. Hearings In Madonna Ciccone v. One West 64th Street Inc., the Supreme court New York County 6514748/2016 9/4/2020, the court required, due to Covid-19, that a fee hearing must go forward by videoconference. Bench Trials… read more
