Expert Witness Blog

In Understanding Toyota Sudden Acceleration, materials engineering expert witness Joel S. Hirschhorn writes:

When products fail due to a systemic design, materials or manufacturing flaw, large and statistically significant levels of problems emerge fairly rapidly. This is definitely not the case with the Toyota problem. With many millions of Toyota models on which even more millions of miles have been driven, if there had been an inherent materials or manufacturing design defect, then we would have seen untold thousands of cases of sudden acceleration. It literally would have been virtually a daily event happening all over the country in many Toyota models. But, in fact, little more than 1,000 Toyota and Lexus owners have reported since 2001 that their vehicles suddenly accelerated on their own. This is a tiny, minuscule percentage of Toyotas....

In my professional opinion, the likely scenario is a defect in a semiconductor chip used in the electronic control system. A defect that was caused by some infrequent flaw in a raw material or manufacturing process that would not show up in routine quality control testing of raw materials or components. That so many different Toyota models over many years have been found defective signifies the likelihood of a particular problem component made in a specific factory that has been used for quite a while. Moreover, the defect obviously does not ordinarily impair vehicle performance but only manifests itself under some infrequent conditions, as yet undetermined.

In Four Billion Cell Users : Computing Power Anytime, Anyplace, technology expert witness Ron Maltiel of RMG Associates writes:

We are on the verge of the next computing technology wave - a merging of cell phones, laptop computers, internet, gaming controllers, and navigation devices. The new products do everything a laptop can do and are small enough to fit in a pocket, are always at our fingertips, connect to the internet everywhere, all the time and lend themselves to merging the physical and cyber worlds. There will be ten times the number of mobile internet users versus desktop internet users. The potential for this market is much larger than any of the previous computing technology waves.

Since semiconductors are the major building block of these electronic devices, this growth wave will be the key driver of semiconductor chip growth. After all, integrated circuits (IC) make up half of the manufacturing cost for the Google Nexus , Apple iPhone, Motorola Droid, Palm Pre, and Toshiba TG01. Best estimates indicate an annual growth rate of 30% for semiconductor companies over the next year.

In Tough Question Requires Equally Tough Answers franchising expert witness Steven Belmonte, President and C.E.O., Hospitality Solutions LLC, asks the questions: “Are product upgrades and renovations really needed during hard economic times?”

I believe most of the major franchise companies have, to a degree (and some more than others), backed off from mandating expensive upgrades until the economy is on a strong upswing. Franchisors are realizing that in today’s economic environment, such a mandate is onerous simply because their franchisees simply can’t afford, or perhaps don’t need, certain upgrades. I applaud this mandate-backoff by the franchise giants—it makes good business sense. However, this backoff policy should be rescinded once it is obvious that the recovery is a sure thing.

It’s hard to crystal-ball such a thing, but now that things may be looking better on Wall Street—if not on Main Street—perhaps it is time to at least begin thinking about upgrades and renovations. The earlier they can be done, the sooner owners and operators will be able to reap the benefit of higher levels of customer satisfaction, repeat business and renewed customer loyalty.

Here’s a final word of advice: Regardless of what category your hotel falls into—whether you need an immediate upgrade or not, whether you need to reposition or don’t need to—the very last items you should scrimp on are employee training and customer-service focus. Those efforts should remain firm and steady regardless of the economic climate. Invest in your employees. Treat them like business partners. Create a culture within your company, your group or your hotel that emphasizes training so that your employees—your business partners—are confident in their abilities and empowered to respond to any issue a guest might have. Do this and it will pay off big for you, your guests, your staff and your bottom line—no matter how up or down the economy happens to be.

In Tough Question Requires Equally Tough Answers, hospitality expert witness Steven Belmonte, President and C.E.O., Hospitality Solutions LLC, asks the questions: “Are product upgrades and renovations really needed during hard economic times?”

I mentioned earlier that there are two answers to the question, “Is renovation viable in a tough economy, and is it a smart thing to do.” Here’s the second answer, and it differs from the first in that it relates to hotels that do not need to be upgraded.

In my humble opinion, owners and operators whose properties are in order and competitive in their marketplace should defer major improvements until the economic recovery is well under way. In these tough economic times, I advocate taking a hard look at every line item on your profit-and-loss statement. Put everything out for competitive bid, whether it is to technology vendors, linen companies, insurance firms, f&b suppliers, you name it. All too often, managers get comfortable dealing with one company—but you’d be amazed at the money you can save by inviting competitive bidding for services and products on a regular basis. It’s a great way to increase cash flow without affecting customer service.

In August 2009 the Justice Department accused three men of stealing account information for more than 130 million credit and debit card numbers. Networking expert witness Ivan Zatkovich, principal consultant for the security firm E-Comp Consultants, had this to say on the credit card fraud case.

In this particular case, they hacked in to a payment gateway system, which is actually a central hub for processing millions of credit card transactions specifically for outlets like 7-Eleven and supermarket outlets like Hannaford Brothers supermarkets.

I think it's a matter of diligence in terms of data security for the companies that run payment gateway systems. In fact, Heartland Payment Systems was cited in 2007 for being out of compliance with data security and were just reinstated last year by Visa after meeting compliance and as recently as this year they've been touting themselves as a leader in data security. Which turns out not the be case.

The Vermont State Police said Friday they have no proof a Rutland police officer intentionally downloaded child pornography onto a department computer while on duty last year. The admission was contained in an unusual statement released by the state police that discussed the status of its investigation into the allegation that the officer had more than 150 images of child pornography on his laptop computer. The state police rarely comment about ongoing investigations.

“There is insufficient evidence to indicate that the images were knowingly and intentionally downloaded,” the statement read in part. “Investigators have consulted with a medical expert regarding the possible age of an individual” in the images, the statement said. “The medical expert has indicated that he cannot say that the individual depicted is under the age of 16.”

For more, see BurlingtonFreePress.com.

In Tough Question Requires Equally Tough Answers, hospitality expert witness Steven Belmonte, President and C.E.O., Hospitality Solutions LLC, asks the questions: “Are product upgrades and renovations really needed during hard economic times?”

In short, you can’t afford to defer upgrades because of the poor economy. To put it another way, you can’t afford not to invest in an upgrade, regardless of the economy’s strength (or lack of it). The truth is, your guests don’t care if the economy is in bad shape, as long as your hotel is in good shape—and if it isn’t, they won’t be back.

Now because of the economic downturn and the resultant difficulty in getting a loan, you may be wondering how you could possibly afford to upgrade when business is down and cash-flow has been reduced to a trickle. One thing to consider is repositioning your product in the marketplace. Don’t let your ego get in the way—there’s nothing to be ashamed of in repositioning to a “lower” segment, and there are many economy-focused products available. It may be the right decision, one that keeps guest expectations in check while eliminating the need to invest what could be millions of dollars to upgrade in order to meet high expectations. Granted, this is not an easy choice: Your average daily rate will be negatively affected, but it may be your only viable alternative. After all, isn’t it better to reposition to a lower tier than to have your guests dissatisfied because their expectations are not being met? Think about it.

In Tough Question Requires Equally Tough Answers, hospitality expert witness Steven Belmonte, President and C.E.O., Hospitality Solutions LLC, asks the questions: “Are product upgrades and renovations really needed during hard economic times?”

First of all, it doesn’t matter whether you’re operating in a recession or in the most robust economy imaginable. The fact is that if your hotel doesn’t meet guest expectations, if it’s inferior to other, similarly priced properties in your market—well then, you need to upgrade. In fact, if you think you’re being fiscally responsible by not upgrading your hotel’s public spaces and guestrooms right now, you’re mistaken. Failing to renovate could lead to an irreversible decline in guest satisfaction and loyalty—and that scenario, obviously, will destroy your bottom line.

Here’s another piece of advice for hotel owners and operators: It’s crucial that you have in-depth knowledge of your property’s competitive position in the market. You have to take a thoughtful—and brutally honest—look at the quality of your hotel. Ask yourself if the property meets the needs of today’s increasingly demanding guest. How does your hotel compare with nearby (and perhaps much newer) properties? If your hotel isn’t cutting the mustard qualitywise, its future—and yours—is looking very dim.

In Tough Question Requires Equally Tough Answers, hospitality expert witness Steven Belmonte, President and C.E.O., Hospitality Solutions LLC, asks the questions: “Are product upgrades and renovations really needed during hard economic times?”

That’s a question I used to get asked a lot. But, as always, things change—and, obviously, not for the better, at least economically speaking these days. And so the question has changed. In these almost unprecedented hard economic times, the question isn’t so much whether a renovation is needed—rather, it’s whether a renovation is, first, viable and, second, whether it’s a smart thing to do.

This is a question you absolutely must ask yourself, especially in this incredibly tough financial environment. As for the answer … well, here’s what I think: There are two answers to this crucial question—and they both add up to an emphatic “Yes!”

Building codes expert Dr. S. Shyam Sunder, acting director, building and fire research laboratory at the National Institute of Standards and Technology (NIST), says providing minimum safety levels in buildings is one of the NIST goals. "We shouldn't stop at one set of elements, but look at system-wide building safety as a whole, which has not been consistently and thoroughly done in codes. We need to ensure safety and system robustness, regardless of the threat," he observes. The lead World Trade Center investigator says this includes minimum robustness and structural integrity in all structures for various threats, hazards, and events that may occur in the normal course of the 100-year life of a building rather than designing against a specific threat, such as blast.

For more, see http://www.buildings.com/Default.aspx and http://wtc.nist.gov/.

In The Need for Appraisals, appraisal expert witness Joel Forman of JLF Appraisal Services writes:

Starting in January 2011, the first wave of baby boomers will start retiring. For the next eighteen years, children born between 1946 and 1964 will be joining their older siblings and cousins to enjoy the golden years. Many individuals accumulated substantial estates. Some have impressive values. With both federal and state governments having dire cash flow problems, the need to have one’s affairs in order is more important than ever. JLF Appraisal Services is constantly amazed how many people don’t have wills, trusts or a DNR. When the courts are faced with an estate where the property owner died intestate, judges have been known to make arbitrary decisions that often go against the spoken wishes of the deceased. In addition, often there are constant family fights over the estate. This is especially true among the siblings, each person claiming the first right of refusal for all property.

As accredited appraisers, JLF Appraisal Services sees many estates that are ill-prepared for an orderly resolution. Most heirs have no idea what the estate properties are worth. More often than not, emotions overrule intellect. We highly that recommend individuals who are retired, or near retirement, work with their lawyers and tax consultants to ensure their wishes are followed. This is especially true when the will/trust specifies equitable distribution among the heirs, certain property donated to charity, and to trust funds for the future education of grandchildren and great grandchildren. The best way to get started, to ensure your wishes are followed, is to contact your attorney and financial advisor.

Insurance expert William S. Custer, Ph.D. writes on a black hole in health insurance:

Many of my fellow boomers have lost jobs during the recession. But the chances of our landing a new position with good benefits appear as steep as winning a lottery. And we tend to have more health conditions than younger people. "They are the most vulnerable of the uninsured,'' says the health insurance expert at at Georgia State University. This group has more health needs, he adds, and "if laid off, they have a harder time finding a similar job."

"The individual insurance market has never been very good,'' says Cheryl Matheis, an AARP senior vice president. "It has become increasingly discriminatory'' as insurers cherry-pick only the healthiest individuals, Matheis adds. Reform will greatly help people 50 and older, she says, by eliminating these insurance company practices.

Source walletpop.com.

The role of a medical expert witness needs to be strictly defined and carefully controlled during legal proceedings and physicians need to be aware of their role, states an analysis of the Goudge Inquiry into pediatric forensic pathology published http://www.cmaj.ca/embargo/cmaj090833.pdf in CMAJ (Canadian Medical Association Journal) www.cmaj.ca.

The Inquiry into Pediatric Forensic Pathology by Justice Stephen Goudge looked into the flawed expert testimony of Ontario pathologist Dr. Charles Smith which has been linked to several miscarriages of justice, including the wrongful conviction of Sherry Sherret-Robinson that was overturned by the Ontario Court of Appeal in December 2009.

Source: eurekalert.org

Attorneys for an anti-illegal immigration organization are challenging a Texas state law that allows illegal immigrant students to attend colleges and universities at in-state rates, saying it violates federal law. David A. Rogers, a lawyer for the Immigration Reform Coalition of Texas, an organization that opposes illegal immigration, said the lawsuit filed on Monday in Harris County District Court marks the first direct court challenge of the Texas law. Texas is one of 10 states in the nation that have laws offering in-state tuition to illegal immigrants who meet certain criteria, including graduating from a local high school and pledging to legalize their immigration status as soon as possible.

Education expert witness Michael A. Olivas, a University of Houston law professor who specializes in higher education and immigration issues, said that the lawsuit filed Monday was based on a flawed reading of federal statutes and the Texas residency law. “The state can, and did act properly, and the statute is constitutional,” said Olivas, who also served as an expert witness when a similar law was later challenged in Kansas.

For more, see chron.com.

National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including podiatry expert witnesses. In Medical malpractice liability reform—no easy task experts at National Medical Consultants write:

Joint and several liability
A third strategy that states frequently employ to reform their medical liability system is to modify another legal doctrine, joint and several liability, which is common to cases in which more than one person caused the harm. The joint and several liability doctrine permits holding a single defendant responsible for the entire damage versus being held responsible for the percentage of the damages that can be reasonably attributed to them.A number of states have modified this doctrine by separating joint liability from several liability, thus establishing a mechanism of proportionately assigning harm among the defendants.

Only 13 states still use the combined form of the joint and several liability doctrine for medical malpractice cases. Many states that have modified the doctrine will enforce joint and several liability, however, when the health care provider is found to have acted "in concert with others" or with "intentional malice" or when the health care provider's acts attributed to more than 50% of the harm. Additionally, states such as California and Ohio apply joint and several liability to only the economic portion of the damages and not to the noneconomic portion.

National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including brain injury expert witnesses. In Medical malpractice liability reform—no easy task experts at National Medical Consultants write:

Although they are popular in the medical malpractice reform arena, damage caps are not without their critics. Opponents of damage caps, including attorneys and patient rights and safety organizations, contend that damage caps penalize the most seriously Injured patients while reducing health care providers' accountability for negligent acts.

Modifying the collateral source rule. A second approach to medical liability reform that a number of states adopt is modifying the collateral source rule. Intact, the collateral source rule prohibits defendants from introducing information at trial or during negotiation for the purpose of off setting the damages awarded by asserting that the plaintiff may have received compensation from another source (e.g. worker's compensation, another Insurer).

Dr. Mark Dershwitz, an anesthesiologist and pharmacologist at the University Of Massachusetts Medical Center, was hired by the state of Ohio as an expert witness in litigation against the state regarding the death penalty. The state asked the anesthesiology expert witness to prepare a declaration that could be filed in court explaining that the single injection would work and would be painless and fast.

The state opted for a change after a failed attempt to execute Romell Broom with a three-drug cocktail. Although the country is watching closely, for now no other states have changed their method of lethal injection. Florida, Kentucky, South Carolina, Texas and Virginia are among those who say they will continue using the three-drug method.

For more, see spotlight.vitals.com.

National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including nursing expert witnesses. In Medical malpractice liability reform—no easy task experts at National Medical Consultants write:

For example, Alaska, California, Idaho, Kansas, Montana, Ohio, Texas, and West Virginia laws prohibit a patient from receiving more than $250,000 for noneconomic damages. One rationale behind noneconomic damage caps is that because such damages are extremely difficult to quantify, a jury often will inflate the award to the injured patient. In turn, such awards are believed to increase the costs associated with medical malpractice insurance (eg, increased medical insurance premiums that then create increased health care costs).

Other states, including Colorado, Indiana, Louisiana, Nebraska, New Mexico, and Virginia, have laws that apply in all injury-related cases, medical liability Included, that cap the monetary amount that an injured patient can receive for all damages, both economic (eg, lost wages) and noneconomic. Further, a number of states have adopted laws that restrict the amount of and the conditions under which monetary damages are awarded to punish the health care provider for a "wanton disregard of [patient] safety" (ie, punitive damages).

National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including neonatology expert witnesses. In Medical malpractice liability reform—no easy task experts at National Medical Consultants write:

CURRENT MEDICAL MALPRACTICE LAWS

This article explores some of the reform strategies that state governments have adopted, including the elements of the medical malpractice system the state legislatures intended to change. It also provides a brief discussion regarding the states in which medical malpractice reform initiatives are anticipated to continue during the 2006 state legislative session. Overall, this article explores the extreme complexity and political polarization that state legislators face in attempting to successfully achieve medical malpractice liability reform.

Damage caps. One of the common approaches to medical malpractice reform adopted by states is to implement damage caps. Damage caps limit the amount of money a patient can receive as compensation for injury(ies) suffered as a result of an alleged negligent medical act. Approximately 32 states have laws that cap specific types of compensatory damage awards in medical malpractice cases. (3) Many of these laws restrict the amount of money that a patient can receive for noneconomic damages or what is often referred to as "pain and suffering."

National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including vascular surgery expert witnesses. In Medical malpractice liability reform—no easy task experts at National Medical Consultants write:

Few people would disagree that the current state-specific medical liability systems throughout the United States are slated for significant changes to address what many have termed the "medical malpractice crisis." Although there seems to be consensus regarding the breadth of the so-called crisis and the need for successful reform, there is little agreement regarding which methods of change will result in the most effective strategy for medical malpractice reform. The fact that more than 400 legislative bills on this topic were filed in 48 states in 2005 is indicative of the diverse, and oftentimes contentious, solutions to reform.

The numerous solutions suggested by state legislators illustrate that medical malpractice reform is a multidimensional issue that cannot be resolved with one distinct strategy. Legislators must take a number of factors into consideration when proposing medical malpractice reform strategies, making the task both complex and controversial. Among the many elements that factor into the reform strategies are economics (eg, rising health care costs, increased medical malpractice insurance premiums, jury awards in malpractice lawsuits); patient rights (eg, access to quality health care, compensation for negligent medical acts); regulatory aspects (eg, of physicians, the insurance industry, attorneys); and the affect of the proposed law on existing laws both at the state and federal levels.