Bruce Burk

Daubert v. Merrell Dow Pharmaceuticals is the seminal case involving the admission of scientific expert testimony. The plaintiff party consisted of the parents of two minor children who claimed that the mother’s ingestion of Benedictin caused the children to have birth defects. The trial court granted summary judgment for Merrell Dow based on an affidavit

Posted on February 1, 2018 in Litigation Monitor

Whether you are dealing with personal injury or workers’ compensation, knowing the process of working with an expert witness for independent medical examinations can make or break your entire case. This article intends to explain some key points for how to work with an expert witness to obtain an independent medical exam (IME). Qualifications You

Posted on June 20, 2017 in Working with Experts

Expert witnesses are necessary to establish testimony of specialized knowledge that a layperson cannot establish in a courtroom.

Posted on July 18, 2017 in Working with Experts

Forensic Scientists are technical experts that can aid in criminal and other legal investigations by processing evidence collected by police and investigators. As such, Forensic Scientists are instrumental in the charging, convicting, and potentially acquitting of many criminal defendants. Becoming a Forensic Scientist Forensic Scientists can have rewarding careers working for laboratories, law enforcement, hospitals,

Posted on July 25, 2017 in Working with Experts

Depositions are arguably the most important method of discovery with respect to the testimony of expert witnesses. However, every case is unique and the testimony of expert witnesses is anything but monolithic. As a result, an attorney seeking to depose an expert witness should be prepared to do more than simply read from a list

Posted on August 8, 2017 in Working with Experts

On August 21, 2017, a Los Angeles jury awarded a $417 million verdict against Johnson & Johnson based upon their failure to warn an elderly woman who had terminal ovarian cancer about the potential risks posed by using their talcum products. The lawsuit was based on the fact that the company failed to put proper

Posted on August 29, 2017 in Litigation Monitor

On August 11, 2017 Uber came to an agreement to pay $20 million to settle a class action lawsuit that accused Uber of sending text messages to drivers and riders without their permission. The lawsuit did not have any guarantees of success regarding whether they would receive proper class certification or if they could succeed

Posted on September 7, 2017 in Working with Experts

EpiPen Price Hiking by Mylan (2:17-md-2785) Mylan NV, a large pharmaceutical company is now dealing with a class action lawsuit regarding the price of EpiPen allergy medication that went up from $100 to $600 in recent years. The EpiPen assists patients that have problems with allergic reactions by providing an injection of epinephrine. Many times,

Posted on October 12, 2017 in Litigation Monitor & News

On November 16th, a federal jury in Dallas, TX told Johnson & Johnson and their subsidiary DePuy that they need to pay six patients a total of $247 million due to hip implants that turned out to be defective. The verdict came as a result of finding that the hip implants used a metal to

Posted on November 28, 2017 in News

When attorneys look to hire an expert witness for their case, they look for certain qualities that they believe will result in a win for their clients.

Posted on December 5, 2017 in Working with Experts