Subject Matter Expertise

August, 2018 – Recently engaged as expert witness for plaintiff related to product failure and patient injury case.  US District Court for the Northern District of Illinois, Eastern Division.  Case No. 17cvo8877

Will examine product visually and microscopically and attempt to confirm identity product as well as observe any indication of failure.  

Contact:
Lynette Stone – The Stone Law Office
972.383.9499
els@thestonelawoffice.com

October, 2013 – Deposition taken in US District Court for the Eastern District of North Carolina, Western Division in front of Federal Judge, Raleigh, NC.  Civil Action No. 5:11-cv-00662

Appeared as expert witness and gave testimony in front of judge in Federal Court in support of my expert report, submitted in the complaint related to patent claims, medical device design and specifically, infringement complaint in behalf of my client.  Case remains open & unresolved.

Contact:
Joe Zito – DNL Zito
202.466.3500
jzito@dnlzito.com

March, 2013 – Provided analysis and opinion on effects of sterilization treatment on orthopedic product.  Venza vs Benatar (doctor), South Nassau Hospital and Biomet Orthopedics (my client).  Index No. 07-23646 in the Supreme Court of the State of New York, County of Suffolk

Orthopedic surgeon directed hospital staff to deviate from approved sterilization procedure to prepare for his next surgery.  The deviation led to changes in the properties of the plastic sizing device which shattered in use injuring patient.  I explained how the sterilization procedure deviation affected the plastic likely leading to its failure.  I worked on behalf of one of the defendants, Biomet Orthopedics.  My input according to Mr. Svensson was instrumental in limiting a settlement amount that was $710,000 less than original proposal.

Contact:
Paul Svensson – Hodges Walsh Messemer & Moroknek LLP
914.385.6000
psvensson@hwmm-law.com

November, 2011 – Support for product defect litigation related to serious patient injury Hammer vs Bard, et al.  Cause No. 09-0392-A in the District Court of Smith County, Texas

Patient treated with product made by Bard was seriously injured when product leaked.  The injuries led to a required double mastectomy.  I helped assess cause of failure and wrote export report leading to defendant settling case out of court.  I worked on behalf of the plaintiff.

Contacts:
Marshall Wood – Principal, Norton & Wood, LLP
903.823.1321
marshall@nortonandwood.com

December, 2010 – Support plea for insurance coverage of fire-damaged clinical equipment Ritacca vs Erie.  Case No. 09-L-0752 in the Circuit Court of Lake County, Illinois

Insurance claims for replacement surgical equipment were denied in spite of smoke damage caused by facility fire.  My analysis of the extent of damage with photo documentation together with the documents supporting my opinion allowed me to prepare an expert report that justified request for equipment replacement.  My expert report was supported with published research documentation and my experience in testing with similar type of hazards.  Lawsuit settled in favor of my client, Dr. Ritacca, the plaintiff.  

Contacts:
Mark Karasik – Principal, Baker & McKenzie LLP
312.861.8615
mark.karasik@bakermckenzie.com
Dr. Daniel Ritacca
847.367.8815
dan@ritaccalasercenter.com

October, 2010 – Support of effort to mitigate loss from toxic metals in children’s jewelry Michaels Stores vs Pure Allure, Inc. and Bolden Eagle Insurance.  CBP 809681

Children’s jewelry was found to contain high levels of toxic heavy metals above levels determined safe for distribution to consumers.  I am working on behalf of plaintiff’s counsel to assist in determining levels and type of contamination and interpret the federal regulations that apply in an effort to recoup lost revenues and damages related to unsafe jewelry supplied by defendant. I have written expert witness report. Case is on-going.

Contact:
Nicola Tancredi – Law Offices of Nicola S. Tancredi
630.530.0567
ntancredilaw@gmail.com

July, 2010 – Personal injury caused by faulty contact lenses Kallal vs CIBA Vision et al.  Case 1:09-cv-03346 in the US District Court of Northern District of Illinois

Patient was injured by CIBA gas permeable contact lenses that were made and distributed although it was determined that they lenses at issue were out of specification as defined in the FDA regulatory clearances and requirements.  I am serving as expert for plaintiff to explain how composition of the lenses can directly affect performance and adversely affect the eyes of the wearers.  Case settled but I have no details.

Contact:
Nicola Tancredi – Law Offices of Nicola S. Tancredi
630.530.0567
ntancredilaw@gmail.com

April, 2008 – Polymer materials and suture failure case McCarthy vs Ethicon, J&J, Tri-City Medical Center, Kroener, etc.  Case No. GIN 058972, San Diego County Superior Court, North County Division

In a malpractice case against surgeon, hospital and suture manufacturer related to patient fatality due to failed suture, I provided expert witness testimony during product examination and analysis. I represented the hospital in defense against malpractice claim.  I was retained by the legal firm of Cosgrove & Birmingham. Lawsuit settled with suture manufacturer agreeing to pay claims.  My representation and expert witness opinions allowed hospital to avoid being found party to fault.

Contacts:
Robert Cosgrove – Cosgrove & Birmingham
Nicole Danz
760.943.9040
ndanz@cosgrovebirmingham.com

June, 2006 – Polymer film lamination The Di-Bar Company dba Ez-Lite Fire Starter vs Seville Flexpack Corporation.  Cause No. 2005-CI-19408,  Ref:  407th Judicial District, Bexar County, Texas

In a case against a laminated packaging film manufacturing company, I provided expert testimony for defense attorney. I wrote description of subject film laminate, gave insight into manufacturing methods, provided explanation of why materials of construction were selected, and offered testing and analysis of film used to package an organic combustible in support of defense. Counsel representing defense was David Treat of Lindow & Treat of San Antonio, TX. My analysis and results provided information needed to enter into settlement.

Contact:
David Treat – Lindow & Treat
210.227.4386 x204
dlt@lindow-treat.com

February, 2006 – Design of blood container washing system Bemis Manufacturing Company and Educator Partnership vs Dornoch Medical Systems

Medical Conglomerate vs Small start-up Company.  I was retained by defense counsel, Jim Ryther of DLA Piper Rudnick Gary Cary in Chicago.  It was a patent infringement case of a surgical medical fluid container.  I believe case settled in part on the strength of our argument regarding the differences seen in the Start-up Company’s product as provided in my expert witness report.

Contact:
Jim Ryther – DLA Piper Rudnick Gary Cary
312.368.4000
james.ryther@dlapiper.com

July, 2005 – Design and function of mechanical closer of medical sharps container Tyco vs ? (small medical device company)

David Berl of Williams & Connolly LLP in Washington DC, engaged me on a case of Medical Conglomerate vs Small start-up Company regarding a safety product design feature.  I was asked to render an expert opinion of what constituted a very specific part of the design. I was able to clearly state opinion and help counsel understand differences between products in question.

Contact:
David Berl – Williams & Connolly, LLP
202.434.5491
dberl@wc.com

November, 2004 – Medical device film manufacturer and FDA compliance Microtek Medical vs Bloomer Plastics.  Civil Action No. 1:03CV601-P-D, United States District Court for the Northern District of Mississippi, Eastern Division 

I was engaged by counsel representing plaintiff in a case against a plastic film extruder / supplier. I did in-depth analysis of documentation, compared practices of defendant with industry standards and helped win settlement with my written expert witness testimony.  

Contact:
Robert Rothman – Arnall Golden Gregory, LLP
404.873.8668
Robert.Rothman@AGG.com

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