Tag: expert witnesses

Expert WitnessUncategorized

Fake Police Officer Scam Targeting Expert Witnesses

Mental health professionals are being targeted by a failure to appear scam. The first scam we’ve seen targeting expert witnesses.

This is the first blog post I’ve written that falls directly into the “public service announcement” category. Yesterday morning, I saw an article by the Washington Post where the author describes a telephone-based scam, where perpetrators pretend to be police officers.

The story grabbed my attention because the suspects have a little deeper knowledge about prospective victims. They know enough to know you are likely to act as an expert witness.

The caller, impersonating a police officer, claims the victim failed to appear at a court hearing in which they were subpoenaed to testify as an expert witness. The criminal claims to be an officer and provides the real name of an an officer employed at the local law enforcement agency, which can be confirmed online. The victim is told they have a civil option to pay a fine and avoid jail time.

As recounted in the Washington Post article, “The problem, the alleged detective stressed, was that because of the coronavirus, people couldn’t come into police headquarters to settle such matters. He said she needed to purchase “MoneyPak” electronic cash transfer cards — at one point transferring the call to his purported supervisor, who also had assumed the name of a real Montgomery officer.”

You need to start asking questions at this time! Have them send you some documentation in the mail. Have them personally serve you the paperwork. Do not get frightened by someone claiming to be an authority figure over the phone. That’s their goal! Get you nervous and acting irrationally.

The option to pay a fine should immediately get your attention. Not to mention this silliness of paying with “electronic cash transfer cards.” There is no reason you shouldn’t be able to pay a fine with a check or credit card.

If you are accused of missing are accused of missing a court hearing. You should know that police officers, detectives, investigators, are not usually those responsible for collecting fines. Generally that’s a different department.

Scam Has Been Taking Place for a While:

Although this fake police officer scam targeting mental health professionals, took place in Maryland. However, in preparing to write this post, I did a little research and found that the Los Angeles Police Department (LAPD) had also warned about this type of a scam back in 2019. Here is their press release on the subject. The LAPD specifically mentioned therapists and psychologists as more likely to be targeted:

“It should be noted that many of the victims are current/former employees in the mental health industry. In each of these incidents, the caller claimed that the victim missed an appearance as an expert witness in a court case. Therapists and psychologists should particularly beware of the scam. You can get help determining the authenticity of a call by contacting your local police station.”

addiction medicineExpert WitnessPharmaceutical

Landmark Oklahoma Opioid Ruling Due Monday – Expert Witness Recap

The last two years have been a whirlwind for those of us following the litigation response to the opioid crisis. Thousands of lawsuits have been filed throughout the country. Most notably, the National Prescription Opiate Litigation (a multi-district litigation).

So what is happening on next week? Well, one of the first major opioid trials took place in Oklahoma earlier this summer. When I say “opioid trial,” I mean the legal trial, not “clinical trial.” Forgive me, I had to make the joke. The trial took place and the judge is expected to deliver his ruling on Monday. Berkeley Lovelace, Jr., of CNBC, provides an in-depth analysis of the trial here.

The case was brought by the State of Oklahoma against Johnson & Johnson, et al. The Oklahoma attorney general is seeking damages in excess of $17 billion dollars. The state sued Johnson & Johnson claiming their sales and marketing practices fueled the opioid epidemic and created a public nuisance, resulting in approximately 6,000 overdose deaths. Any damages awarded, assuming there is not a settlement before the ruling, would be used for addiction treatment and preventative measures for the next few decades.

We, at Experts.com, have been following pharmaceutical litigation for a long time. In the last two years, we’ve been laser-focused on opioid litigation. We started to pay strict attention to the matter when we realized it was similar in magnitude as the civil lawsuits involving tobacco, in the 1990s. It meant we were going to see significant litigation for years to come.

With a database of expert witnesses, we set out to write multiple articles on the matter, in the form of question-and-answer-style blog posts. In addition, I’ve written a couple of guest blogs on the topic for other legal companies. This blog post is to recap these resources we’ve published over the last two years.

Two Years of Opioid Crisis Publications:

  1. Opioid Crisis – An increase in addiction medicine and pain management expert witnesses – November 6, 2017
  2. Kentucky AG files lawsuit against opioid distributor McKesson – January 22, 2018
  3. Pain and Addiction Expert Witness Comments on 72,000 Opioid Deaths in 2017 – August 22, 2018
  4. Judicial Analytics in California Opioid Litigation – January 23, 2019
  5. Legal and Expert Witness Staffing for Opioid Litigation – June 18, 2019

We Expect More Stories in the Future:

Unfortunately for our country, we expect to be writing about these lawsuits for years to come. What happens next week, may pave the way for more lawsuits and major settlements? We don’t know how it might end, but we’re pretty sure the pharmaceutical companies will end up paying a lot of money. If not in Oklahoma, in other lawsuits still to come.

UPDATE: 08/26/2019

Today, Cleveland County District Court Judge Thad Balkman ruled against Purdue Pharma LLP, Johnson & Johnson and others. He ruled the defendant’s in the first civil opioid trial are responsible for causing a public nuisance, and held them liable for abatement of the nuisance, in the amount of $572+ million.

You can read the verdict here.

Sexual AbuseSports Safety

Olympian Ashley Wagner’s Sexual Assault: Sports Sex Abuse Expert Witness Analysis

Yesterday, Olympian Ashley Wagner came forward with a story of her sexual assault by another figure skater, when she was only 17 years old. We reached out to a sport sexual abuse expert to gain insights.

For many, the Larry Nassar matter was an introduction to the abuse suffered by many of our greatest competitive athletes. In fact, there was a recently released congressional report about the institutional failures relating to Larry Nassar, as reported by CNN.  I, for one, was completely unaware of the potential for abuse in Olympic athletics.

Unlike the Nassar matter, where an Olympic physician was convicted of abusing athletes, Ashley Wagner reported abuse by fellow figure skater, John Coughlin. She was 17 years of age, and Mr. Coughlin (now deceased), was 22 years old at the time of the offense. Ms. Wagner provided a video recording and transcribed statement to USA Today. You can view and read her statement here.

To get a better understanding of the power dynamics and power imbalances described in Ms. Wagner’s statement, I reached out our member Katherine Starr, who is an expert witness in the areas of school and sports-related sexual abuse and harassment. Ms. Starr is also a former Olympian. Please visit her website to learn more about her services and organization Safe4Athletes. Below are my questions and her answers.

NR: Yesterday, Ashley Wagner bravely told a story about a time in which she was sexually assaulted while away at a skating camp. How common are these types of attacks in athletic environments?

KS: Unfortunately, sexual abuse is a very common occurrence in athletics, especially at the elite levels. Training camps and international competition often lack any type of formal education and prevention modalities. The risk of sexual abuse to a minor athlete increases exponentially, as they are now susceptible to sexual abuse from an adult-athlete, program staff members and coaches. There are generally no safeguards in place with minimal resources and structures for an athlete to seek the help and protection they need.

Safe4Athletes did a survey on abuse in sport with a focus on elite athletes, the questions asked were in regard to frequency and duration of abuse, all forms of abuse. We found that abuse was more likely to occur over multi-years and multi-occurrence then a single occurrence of sexual abuse. We also found that over 25 % of the participants in the survey were sexual abused, 80% that responded to having been sexually abused had competed at the international level.

We also found that sexual abuse is common across sport, the level of accomplishment is what makes the athlete vulnerable to being targeted for sexual abuse.

For additional review, a survey can be found on the Safe4Athletes website at www.safe4athletes.org/resources/survey-results.

NR: Ms. Wagner posted a video of her experience and went into great detail. In one part of the video, she discusses the “dynamics of my sport, where uncomfortable power imbalances thrive to this day.” Do sports-related sexual assaults usually involve power imbalances? And, can you expand on these imbalances for our readers?

KS: The power imbalance that Ms. Wagner has shared transpires across all sport and is a direct result of the talent of the athlete. The inherent structure of sport in itself is an imbalance of power. The imbalance of power first becomes exposed when the athlete reaches its “peak age of involvement” in the sport and the imbalance of power continues to widen as the talent reaches the top of its sport.

The power imbalance does not discriminate or change in regard to type of sport, what changes is the peak age of involvement in the sport. For example, gymnastics peak at around 13 and can compete in the Olympics as young as 13 and a typical elite career will last until 20’s. That sport is vulnerable to an abuse of power structure very young were in a sport like cycling the youngest age of Olympic competitor is 18, and last well in to their 30’s. In both instances, athletes are exposed to same abuse of power dynamic.

The imbalance of power and the dynamic develop at all talent levels and environment, often the star of the team is a target abuse. One of the other vulnerable structures is the group of athletes that are good but haven’t reached the great level, they show promise. It is the promise that is always in reach but never obtained.

NR: How can the athletic organizations improve athlete safety?

KS: First and foremost, implement effective policies, which have an external reporting structure.

Athletic departments should not do their own investigations, oversight and training modules. It appears as a conflict of interest. Seek outside help to set up structures that can actually address the power imbalance that is inherent in the system.

Most importantly, the oversight teams of these issues, needs to be educated and trained themselves to be able to understand how the voice of an athlete works.

NR: Often, it seems competitive athletic organizations fail to recognize the dangers. Or, they choose to “sweep it under the rug” when it comes to misbehavior. How should organizations respond to issues of abuse?

KS: As a result of this very issue, all our programs require an “Athlete Welfare Advocate” that is there for the athlete to seek the help they need, when they are ready. If the athlete doesn’t feel comfortable with that option, they always have the choice of speaking with Safe4Athletes directly to obtain the help and resources that they need to respond to the issue.

We customize policies for the sports environment (schools and sports programs), making sure the key ingredients are in place, to allow for an effective program to respond to the inherent abuse of power in the system.

NR: What steps can athletic organizations take to better protect athletes (many of whom are children, as Ashley Wagner was at the time of the incident)?

KS: Invest in athlete safety and protection equally as one would invest in the success of the athlete and the program. Provide the same vigor and fortitude that one puts into the athlete and the program a structure to combat these issues. One cannot have, a truly successful athlete and program without a system to address the inherent dangers that an athlete is susceptible to.

Effective programs understand the needs of “the athlete” coupled with the “level of participation” and are able to adopt and implement those nuances to respond effectively to issues and concerns.


There will be more to come on these matters. For parents with children involved in competitive athletics, please stay informed. Katherine Starr is a great resource!

 

 

Expert WitnessInsuranceWildfires

Camp Fire Disaster Causes Insurance Company Liquidation – Expert Witness

Now that the fire is out, I expected to be done writing about this topic for the year. Alas, there has been another casualty of the fire, it is the Merced Property & Casualty Company.

Insurance companies receive premiums from their customers (policyholders) to insure against property loss, damage and other risks. Some victims of the Camp Fire, the worst wildfire in California history, will not have those claims fulfilled by Merced Property & Casualty Company.

According to the LA Times, as of December 3, 2018, a Merced County court, “gave California Insurance Commissioner Dave Jones permission to seize and liquidate the company’s assets. Now, the company is in the process of handing over policy and customer information to the California Insurance Guarantee Assn., or CIGA, which processes and pays claims on behalf of insolvent insurers.”

My understanding of the liquidation process is as follows: Merced Property & Casualty Company realizes they are in deep trouble, decide to skip bankruptcy, and ask the court to hand their operation over to the California Insurance Commissioner to clean up their mess. Per the LA Times, they have assets of roughly $23 million, but are expecting to pay out nearly three times that amount.

After policyholders fulfill their duty of paying premiums, they should expect to be insured against covered losses. As is often the case in mass disasters, insurance companies are ill-prepared and lack capital to fulfill their part of the bargain. Luckily for Californians, the taxpayers protect against such insurance company failures.

I reached out to one of our California insurance expert witnesses to get a better understanding of this insurance company liquidation.

Insurance Expert Witness Richard Masters

Richard Masters, CPCU, CIC, ARM, AAI, has more than 40 years of experience in the insurance industry. He is an expert on all aspects of property and casualty insurance and has testified in more than 200 trials in state and federal courts.

If you have a policy with Merced Property & Casualty Company, we hope this helps put your mind at ease. As I commonly do, I asked Mr. Masters several questions about the liquidation and he provided responses.

Nick: What happens when California regulators take over an insurance company?

Mr. Masters: They can either liquidate it or try to rehabilitate it. Rehabilitation usually involves getting another insurer to assume the book of business with the backing and help of CIGA. In the case of Merced I do not think it will be rehabilitated. First, I urge all customers of Merced to contact their insurance broker and immediately get a new insurance policy with a different carrier going forward.

Nick: Merced Property & Casualty Company didn’t even file bankruptcy. They claimed insolvency and are liquidating the company. What happens to the claimants?

Mr. Masters: The claimants will continue to make their claims with Merced and they should also contact CIGA to make a claim for benefits. CIGA can be contacted at 818-844-4300 or assistance@ciga.org. Make sure you have your homeowners or dwelling policy available. If you need to, contact your insurance broker to get copies of your policies.

Nick: There is some information that the California Insurance Guarantee Association. Is this like an FDIC for insurance companies?

Mr. Masters: Yes, that is a reasonable analogy. CIGA has three separate funds that they operate. The Merced collapse would involve the Homeowners Personal Lines fund. A liquidator will be assigned by CIGA and will administer the funds.

Nick: Will the claimants receive fractions of their claims as a result of this regulatory takeover?

Mr. Masters: Generally, CIGA will pay up to $500,000 for each claim but this depends on the terms of the policy and other factors determined by CIGA.

Nick: Any other information to provide to the public about the claims process through CIGA?

Mr. Masters: The claim process through CIGA is cumbersome and takes a LOT more time to complete. Claimants will need a lot of patience when dealing with CIGA.


In related news:

The ABA Journal reported today, “two law firms known for their class action practices have filed a new lawsuit that blames Pacific Gas and Electric Co. for the November fire that killed at least 88 people in Northern California and destroyed the town of Paradise.” Seven plaintiffs are jointly represented by The Edelson Law Firm and Lieff Cabraser Heimann & Bernstein.

This is just one of several suits blaming PG&E for negligently maintaining equipment which resulted in wildfires. It appears the plaintiffs have hit PG&E with a variety of claims including inverse condemnation, trespass, negligence, nuisance and more. One of the plaintiffs claims to be suffering from PTSD as a result of being stuck in traffic, while trying to flee the fire, and embers from fire-engulfed trees were hitting his car. He feared he “would be burned alive.” I might be suffering serious emotional distress as well.

Let us not forget, PG&E has already publicly stated that they may have to declare bankruptcy if it is determined they were responsible for the Camp Fire.


This is the last I will be writing about the Camp Fire for this year. However, given the continuing legal implications of this catastrophe, I expect issues of import will develop in the New Year.

EvidenceExpert WitnessExpert Witness Testimony

Expert Witness Liability, According to the U.S. 4th Circuit Court of Appeals

Recently, we have received some questions from expert witnesses regarding potential liability for expert witness testimony. The U.S. 4th Circuit Court of Appeals decided this issue last Friday.

Last week, on October 26th, 2018, the United States, Fourth Circuit Court of Appeals ruled that the federal common law “witness litigation privilege” protects an expert witness for civil claims stemming from their testimony.

The best summary of the decision that I found comes from Pillsbury Winthrop Shaw Pittman LLP’s, Gravel2Gavel Blog. You can find the blog post here.

The matter involved a coal miner who was claiming benefits under the Black Lung Benefits Act. According to the expert witness the evidence did not support the plaintiff’s claim and the claim was denied. Thereafter, a report from the Center for Public Integrity alleged the “Johns Hopkins radiology unit and its expert witnesses were much less likely to find evidence of black lung disease than other doctors.”

The report from the Center for Public Integrity led to a lawsuit against Johns Hopkins and their doctors claiming liability for fraud, tortious interference, misrepresentation and more. The trial court dismissed the claim citing the federal common law “witness litigation privilege.” According to Gravel2Gavel, the appeals court was divided on the issue, but agreed with the trial court decision.

The Fourth Circuit stated “absolute immunity” applies to the expert witness testimony. They went further to state, “‘when a witness takes the oath, submitting his own testimony to cross-examination, the common law does not allow his participation to be deterred or undermined by subsequent collateral actions for damages.’” This is a really wordy way for the court to say an expert witness cannot later be sued for their testimony.

We also went ahead and summarized the ruling in this video:

Accident Investigation & ReconstructionEngineeringEvidence

Clemson University Floor Collapse and the Eventual Expert Witnesses

What kinds of expert witnesses can we expect to participate in future litigation related to the floor collapse at The Woodlands of Clemson apartment complex?

Early Sunday morning, at a fraternity party in Clemson, SC, a dance floor at an apartment clubhouse became the scene of a serious accident combined with multiple personal injuries. Luckily for all involved, the injuries were not life-threatening.

There were several videos of the accident. One came from Twitter user @PJG116 and another video post in a response by Twitter user @StevieW21 (still shot above also from the video), which provides us some interesting evidence to analyze in order to anticipate the potential legal issues which may necessitate expert witness opinions in future litigation. Here is the video from @PJG116

The video, according to Twitter, has been viewed more than 8 million times at the time of this writing. As an aside, the video seems to have been recorded using Snapchat and then uploaded to Twitter. It is an excellent piece of recorded evidence for our purposes.

The video provides us with a significant number of issues to consider, so I have limited my analysis. To my lawyer-friends, I’m certain you will identify issues I have missed. Please feel free to discuss those in the comments.

Premises Liability:

As this took place at an apartment complex, we are instantly interested in topics of premises liability (i.e. liability to the landowner/manager when an injury occurs on their property). In this case, we would need to determine if there was any negligence on behalf of the apartment complex.

It would be important to look at the use of this clubhouse in the past. Was it often used for college parties? Was it foreseeable a fraternity would have a dance party? Was it foreseeable a dance party would include jumping up and down? Certainly, I think the answer to all of these is yes, all were foreseeable.

There are defenses to premises liability. Common defenses include assumption of the risk, contributory negligence, and comparative negligence. Was the apartment complex informed about the number of party-goers? Did the event planner (who was likely a tenant) provide the appropriate information about the size of the party? Did the party exceed the occupancy capacity of the clubhouse? There may be negligence on behalf of the event planner (i.e. fraternity) which may have contributed to the accident. Certainly, the apartment complex will be arguing they were not at fault.

When premises liability causes of action are involved, it is not uncommon to involve a premises liability expert witness to opine on whether one or more parties met their standard of care. In this case, I anticipate it’ll be an expert with apartment property management experience.

Does the school or fraternity have any liability?

Early news reports indicated this was an off-campus event promoted by a fraternity. However, since those early reports, we have discovered the school was reviewing security camera footage. So there are some questions about whether the school is responsible for the apartment complex. Otherwise, I’m not certain how they got access to review the security footage.

Additionally, the fraternity may have rented the clubhouse for the event? Or, a fraternity member who lived at the apartment complex may have had access as a result of being a tenant. Fraternities generally have to hold liability insurance. It may turn into a dispute between the school and the fraternity as to who is responsible for the accident. Did the fraternity sign a release of liability to use the space? Did they misrepresent the intended use? Any misrepresentation may help relieve the apartment complex or school from their potential negligence.

Structural Integrity, Failure Analysis & Construction Materials:

One of the evidentiary matters likely to arise in a premises liability action is the durability, construction and intended use of the damaged part of the clubhouse.

In this Associated Press brief we are told “Clemson planning and code director Todd Steadman said there was an occupancy limit of 135 people for the upstairs portion of the clubhouse that collapsed. He says the school is reviewing security video to determine how many people were on the floor when it failed.”

There are a couple of interesting aspects to the above quote. We immediately know people are looking into the building codes and occupancy issues. If the upper portion of the clubhouse met the codes, that is helpful to the apartment complex that they met their standard of care for a safely constructed building.

In a future litigation over personal injuries stemming from this accident, I see structural engineers being brought in to analyze the construction, applicable building code sections, and cause of the failure. Knowing what caused the floor collapse and how it may have prevented will play a role in assigning liability.

Now, I’m not a structural engineer, but one thing I do know, is that vibrations can impact the stability of a platform. If you have 40 or 50 people jumping in unison, the combined impact and vibration are going to have a more significant impact than 135 people walking around.

Also, there will need to be some inspections of the collapsed material. Was there rot in the wood? Was there a termite infestation? Were there any other issues with the building materials? Did the apartment complex know, or should they have known, about any substandard materials used to construct the floor?

If the complex finds there is something off about the construction of the floor or if the materials used didn’t meet code standards, they may be able to bring the builder in as a co-defendant.

So there you have it. I see the following as potential experts in future litigation:

  • Premises liability / property management expert
  • Structural engineering or failure analysis expert
  • Construction, building codes, and construction materials expert

I know, this sounds like a lot of experts. There may be one expert capable of analyzing several of the issues outlined above.

As usual, this is a brief analysis. Premises liability being the glaring cause of action in this case. For those lawyers who will inevitably read and decide I missed an important issue… I agree. This was not intended to be a full and complete analysis of causes of action. Please comment below!

 

 

EvidenceExpert WitnessExpert Witness Testimony

Florida Supreme Court Says ‘No’ to Daubert Expert Witness Standard

Since 2013, Florida has been the center of a battle over admissibility standards for expert witness testimony.

Prior to a move by the legislature in 2013, Florida followed the Frye Standard (i.e. general acceptance test). This test is considered a more lenient in allowing for expert witness testimony.

Normally, this standard is preferred by plaintiff’s counsel and disliked by defense counsel. Much like the “general acceptance test,” my last statement is a generalization.

In 2013, the Florida Legislature passed a law changing the admissibility standard from Frye, to the federal standard commonly referred to as Daubert StandardRather than the general acceptance test, the judge as the gatekeeper, would apply a multi-pronged test to analyze the admissibility of expert evidence. Here are the prongs per Cornell Law:

  1. whether the theory or technique in question can be and has been tested;
  2. whether it has been subjected to peer review and publication;
  3. its known or potential error rate;
  4. the existence and maintenance of standards controlling its operation;
  5. whether it has attracted widespread acceptance within a relevant scientific community.

Most of our members are familiar with the Daubert Standard because it is the standard used by federal courts and more than three-quarters of US states. Naturally, my home state of California still uses Frye because we always want to do things a little differently. Well, according to the Florida Supreme Court ruling this week, Florida likes to do things differently as well.

To summarize, the Florida Supreme Court found the law implementing the Daubert Standard to be an unconstitutional infringement on the court’s authority by the legislature.

The decision was covered by CBS Miami, and the most pertinent part is as follows:

“We recognize that Frye and Daubert are competing methods for a trial judge to determine the reliability of expert testimony before allowing it to be admitted into evidence,” Justice Peggy Quince wrote in the majority decision, joined by justices Barbara Pariente, R. Fred Lewis and Jorge Labarga. “Both purport to provide a trial judge with the tools necessary to ensure that only reliable evidence is presented to the jury. Frye relies on the scientific community to determine reliability whereas Daubert relies on the scientific savvy of trial judges to determine the significance of the methodology used. With our decision today, we reaffirm that Frye, not Daubert, is the appropriate test in Florida courts.”

It was a 4-3 decision by the Florida Supreme Court and the Chief Justice offered an impassioned dissent. For our members practicing in Florida, the law is clear, the Supreme Court has decided Frye is the appropriate standard for Florida.

EngineeringExpert WitnessWeather

Hurricane Floodwater & Wastewater: Sanitary Engineer Expert Witness Analysis

Five days after Hurricane Florence made landfall and pounded parts of the East Coast with winds and torrential rains, many areas are still inundated with flood water.

The floods have been devastating. Not only are the waters causing extreme property damage and personal injuries (in some instances death), they are also carrying contaminants and pollutants which have severe public health concerns.

Yesterday I read about some of the pollutants entering the floodwaters. Some of the items include: dead animals (turkeys, pigs, chickens), chemicals, manure, and untreated raw sewage. In fact, Bloomberg reported farm lagoons (storing feces and urine) had given way and sewer treatment plants have been overwhelmed by the rains.

Specifically, there are a variety of issues caused by these contaminants being washed away and transported via floodwaters. Bloomberg points out some of these concerns:

“Hog waste contains E. coli and bacteria, Rumpler said. Sewage overflows, combined with high floodwaters, bring the prospect of ecological impacts including fish kills. Humans coming into contact with fecal matter risk viruses, parasitic infections and rashes.”

So, there are some things our citizen brothers and sisters should avoid in North Carolina. Try to avoid swimming and wading through floodwaters. Remember the water is NOT just rain water. It is NOT clean. Those floodwaters include wastewater. Citizens should probably continue drinking bottled water until local authorities tell them otherwise.

That is enough of my non-expert suggestions. I’ve reached out to a sanitary engineering expert witness for some insights.

Sanitary Engineering Expert Witness Bonneau Dickson

Bonneau Dickson, PE, is a Sanitary Engineer with over 35 years of experience in all aspects of studying, designing, and constructing water, wastewater, and stormwater facilities, both in the United States and abroad. Mr. Dickson has designed approximately 300 water, wastewater, and stormwater projects. Has been resident engineer or otherwise participated in the construction phase of approximately 20 water and wastewater projects. Mr. Dickson has both project management and general management experience as project manager on approximately 175 projects.  You can learn more about his practice here: bonneaudickson.com.

Nick: With the post-Hurricane Florence flooding, we are reading about heavily polluted waters (pig excrement and raw sewage). What can North Carolina authorities do to address these sewage overflows and treat the wastewater?

Mr. Dickson: Very little. The pollution has escaped and there are few or no practical means of recapturing it.

The good news is that the torrential rains are likely to flush most of the pollution out to sea where it will decompose and be diluted down to insignificant concentrations.

Nick: At least one municipal sewer authority experienced catastrophic failure. Is there anything that can be done to limit or prevent such catastrophic failures when faced with heavy rains and severe flooding?

Mr. Dickson: Proper design of wastewater treatment facilities includes protection against flooding up to some level. Often, the protection includes levees and stormwater pumping facilities to prevent the wastewater treatment facilities from flooding.

The design storm often is a 100-year storm. I have not seen an analysis of the return period for a storm like Hurricane Florence but it could be on the order of a 500-year storm or a 1,000-year storm. Some areas were reported to have received up to 40-inches of rain in a few days. Typical annual rainfall in the Carolina’s is approximately 40-inches.

Nick: What are the major public health risks associated with untreated wastewater flooding parts of North Carolina?

Mr. Dickson: Probably diarrheal diseases from drinking or coming in contact with polluted water.

Nick: What can individuals and authorities do to limit public health risks associated with wastewater?

Mr. Dickson: Get the potable water systems operating again so people have clean water to drink and bathe in.


 

Until the floodwaters recede, please be safe. Listen to local authorities and remember to help your neighbors!

 

 

Crisis ManagementInsuranceWeather

Hurricane Florence: Recommendations from Construction & Meteorology Expert Witnesses

Hurricane Florence has rapidly expanded in Category 4 hurricane, with a strike expected to make landfall on Thursday. How can those in the path of the storm prepare?

If you’re like me, you are always a little skeptical of meteorological reporting. With that said, I live in California and have never experienced truly catastrophic weather, so I’m not a good “barometer” for the appropriate response. I would likely be the person on top of my house because I didn’t listen to the warnings — and, for that, I apologize in advance to search and rescue for my foolishness.

Do not let that happen to you!

The 2018 Atlantic Hurricane Season is upon us. According to several reports, there are a few hurricanes brewing in the Atlantic Ocean. The one to be aware of at this moment, is Hurricane Florence. The Weather Channel has excellent coverage for those who may be in the path of the storm.

As of this writing, The Weather Channel is advising citizens to Prepare Now: Florence Explodes from Cat. 2 to Cat. 4 in Just Hours. This post did not mince words. It warns that as of today, Florence is massive and dangerous, stating “Hurricane Florence has rapidly intensified into a Category 4 major hurricane southeast of Bermuda and is likely to lash the East Coast later this week with life-threatening storm surge, destructive winds and massive inland rainfall flooding in one of the strongest strikes on this part of the East Coast on record.”

It is true, that this may change and the storm may turn and remain at sea. From everything I read this morning, now is the time to prepare and anticipate Florence making landfall, rather than count on it remaining at sea.

As we have done before, I have contacted Experts.com members and asked them for some preparation input for those facing the storm. Forgive the brevity of some of these answers, but both of these members are on the East Coast and busy preparing for the impending hurricane.

General Contractor & Construction Expert Witness – John Minor

John G. Minor, President of Complete General Contractors, is a third-generation Contractor and licensed instructor certified by the North Carolina Department of Insurance. He is a recognized expert on the costs and applications necessary to repair buildings damaged by manufacturer, builder liability, water damage or intrusion, mold, or asbestos. Mr. Minor will be on the ground with the University of Florida Hurricane Research team. You can learn more about his practice at teamcomplete.com.

My questions to Mr. Minor were as follows:

Nick: What steps should property owners take to prepare for the landfall of Hurricane Florence?

Mr. Minor: Understand that if they choose to shelter in place they must have a strong residence or shelter that will not flood. Sage advice is to hide from the wind run from the flood.

Nick: What are the most common types of property damage from a hurricane?

Mr. Minor: Wind and flood damage from this storm. As a strong cat 3 or easy 4, residential shingle damage (see SaffirSimpson scale). If the storm lingers and pulls Atlantic waters into the Carolinas, major flooding for the Tar and Cape Fear Rivers in an already swollen river system. Know your floodplain.

Nick: Is there anything homeowner’s can do to limit property damage from wind, rains, storm surge?

Mr. Minor: Remove potential projectiles and board up your home. Understand safe generator use.

Nick: Are there any preparations one should take that will benefit them in the case of a future insurance claim? For example, should a homeowner take pictures or video before leaving their home?

Mr. Minor: Document roof interior, exterior, and contents, including contents in an off site storage, with pictures and video.

Nick: What are your top recommendations to help property owners prepare for a hurricane?

Mr. Minor: TADD (Turn Around, Don’t Drown). There will be a lot of desire to move around the area after the storm. Flooding is a dangerous thing.

I had to look up the TADD acronym submitted by Mr. Minor. Take a look at this video from the NOAA and National Weather Service.

Meteorology & Weather Expert Witness – Michael Mogil

H. Michael Mogil is a Certified Consulting Meteorologist (M.S. Meteorology) with over 40 years of experience, nearly 30 of them with the National Oceanic and Atmospheric Administration (NOAA). In addition to working for the National Weather Service as a forecaster, researcher, and severe storm program manager, he also provided satellite training to many governmental agencies and hundreds of TV meteorologists. To learn more about his practice visit: weatherworks.com.

Here are the questions and answers from our meteorology expert:

Nick: Today’s reports putting Hurricane Florence at a Category 4, what type of weather should be expected if it makes landfall as a Category 4 hurricane?

Mr. Mogil: Based on coastal angle of attack, huge storm surge and water push ashore to the north of the storm’s track.  To the south of the storm, with winds coming from land to water, water levels will actually drop.

Obviously, heavy to excessive rainfall in advance of landfall, with rain continuing across large parts of the Carolinas and southern Virginia at least through Sunday night (and likely into early next week).

Nick: In your experience, what are the most common types of property damage experienced with a Category 4 hurricane?

Mr. Mogil: From winds, depending upon the type and quality of construction, anything from the loss of many roof tiles or shingles to the actual loss of the roof. Poorly constructed building will be damaged the most. Windows or patio doors, not boarded up, could easily be damaged by flying debris or suffer water intrusion as water is pushed under tracks.

From flying debris (of any type), window or building damage.

Falling trees (due to wind and water-logged soil) a high probability.

Nick: For those in the path of the storm, what do you recommend they do to prepare for the potential landfall?

Mr. Mogil: Listen to instructions of local officials. If one lives near the coast in storm surge inundation area, LEAVE!!!!!!!!! (yes, all those exclamation marks). If one lives in a mobile home or other weakly constructed structure, LEAVE!!!!!!! (more exclamation marks).

Nick: Some reports have indicated the storm may turn and remain at sea as it climbs up the East Coast. Should a citizen still be prepared to evacuate?

Mr. Mogil: Yes, those reports, as of now, are not correct.  National Hurricane Center forecasts are the ones to follow.  Reliable media sources will convey the NHC forecasts.

Nick: From a meteorological perspective, is there anything you think the public must know as the 2018 Atlantic Hurricane Season heats up?

Mr. Mogil: Today (9/10) is peak day of the season.  There are 3 Atlantic storms right now, and only one seems likely to strike the U.S.  Treat each storm as its own entity.

Nick: Please feel free to share anything additional that is not covered by the questions…

Mr. Mogil: I’d also say that if people do leave, package important papers (insurance policies, birth certificates, passports) in sealable plastic bags (Glad, Ziplock) and take these as they evacuate or go to shelter.

  • Charge appliances (cell phones, etc) and get gas before leaving.
  • Let loved ones in other places know what you are doing.
  • After the storm, deal with insurance quickly…get an attorney (and have the attorney get one or more experts onboard, if a lawsuit or mediation seems necessary).

 

There you go! Listen to the experts. Prepare, prepare, prepare! Be safe!

 

addiction medicineExpert Witnesspain management

Pain and Addiction Expert Witness Comments on 72,000 Opioid Deaths in 2017

Last week, the New York Times reported CDC estimates of 72,000 opioid-related overdose deaths in the United States, in 2017. Unfortunately, a record breaking number, beating the number of deaths caused by guns, HIV, or car accidents.

Well, I wish the last time I wrote about the opioid crisis could have been the final time. It appears we are far from the end of this crisis. In fact, I began writing about this topic because it will go on for years and the litigation surrounding pharmaceutical opioids is just beginning.

Normally, I am not one to follow entertainment news. In fact, I view it is a distraction from far more important topics. Yet there I sat, just a few weeks ago, reading about the overdose of pop singer Demi Lovato. She has struggled with addiction from a young age and recently experienced a heroin induced overdose. Then last week the CDC released preliminary estimates of approximately 72,000 deaths caused by opioid overdoses, in 2017. This is a horrific plight on our nation. Chances are we all know someone impacted by this epidemic.

As I mentioned in a previous post, Experts.com has seen an incredible increase in the number of addiction medicine, substance abuse, and pain management experts marketing their services with us over the years. I started in 2010 and I’ve witnessed at least a five-fold increase in these types of experts.

The litigation against major pharmaceutical companies has also skyrocketed. In the last year we’ve seen cities, states, and counties bringing lawsuits against opioid manufacturers and distributors. The litigation against the manufacturers and distributors is encouraging if it helps stem the flow of opioid overdoses and death.

Based on this article in the New York Times, there are two reasons for the increase in opioid-related deaths: “A growing number of Americans are using opioids, and drugs are becoming more deadly. It is the second factor that most likely explains the bulk of the increased number of overdoses last year.” The article goes on to explain synthetic opioids, such as Fentanyl, is a major contributing factor to the rise in overdoses. The Times further elaborates:

“Strong synthetic opioids like fentanyl and its analogues have become mixed into black-market supplies of heroin, cocaine, methamphetamine and the class of anti-anxiety medicines known as benzodiazepines. Unlike heroin, which is derived from poppy plants, fentanyl can be manufactured in a laboratory, and it is often easier to transport because it is more concentrated. Unexpected combinations of those drugs can overwhelm even experienced drug users. In some places, the type of synthetic drugs mixed into heroin changes often, increasing the risk for users…”

High profile news stories followed by the shocking statistics from the CDC compelled me to reach out for insights from those on the front lines. Those who are treating patients with legitimate and often chronic pain, while also addressing substance abuse disorders. Dr. Adam Carinci is one such professional.

Addiction and Pain Management Expert Witness – Dr. Adam Carinci

Dr. Adam J Carinci, M.D. is a nationally recognized clinician, speaker and expert witness with over a decade of pain medicine experience. He is double-board certified in both anesthesiology and in pain medicine and maintains an active, full-time medical practice. Dr. Carinci is Chief of the Pain Management Division and Director of the Pain Treatment Center at the University of Rochester Medical Center and an Associate Professor at the University of Rochester School of Medicine.

As with previous articles, I posed a series of questions to Dr. Carinci and asked for his insights. Below are my questions and his answers.

Nick: For our readers, can you explain what constitutes a synthetic opioid?

Dr. Carinci: Synthetic opioids are man-made drugs that mimic the effects of natural opioids such as opium or heroin. Synthetic opioids act at the same opioid receptor in the body as naturally occurring opioids to induce pain relief, sedation and respiratory depression among other effects. Synthetic opioids are many times as potent as naturally occurring opioids. For example, Fentanyl is 100 times as potent as morphine (derived from opium).

Nick: Fentanyl is one of the synthetic opioids I’ve read about more in recent years. It’s mixture with heroin seems to be responsible for the increased deaths according to the New York Times. What are some legitimate medical uses for Fentanyl?

Dr. Carinci: The synthetic opioid agonist fentanyl is approximately 100 times as potent as morphine and is characterized by a rapid onset and short duration of action after a single dose. It is most commonly administered intravenously but may be given intramuscularly, transmucosally or transdermally. Fentanyl’s high lipid solubility contributes to its rapid onset because it readily crosses the blood–brain barrier. Fentanyl is used medically as a component of general anesthesia for surgery, as a sedative for procedural sedation and for chronic pain management.

Nick: Is there any data on how addiction begins?

Dr. Carinci: Addiction is a condition in which a person engages in use of a substance or in a behavior for which the rewarding effects provide a compelling incentive to repeatedly pursue the behavior despite detrimental consequences. Addiction is a biopsychosocial disorder. It is a susceptibility that is a confluence of a person’s genetics, neurobiology, psychological and social factors. Activity substances increase levels of dopamine in the brain. Dopamine is the molecular messenger of the brain’s reward center. It is what gives people the feeling of pleasure and reinforces behaviors critical for survival, such as eating, drinking and having sex. Different drugs tap into the dopamine reward system in different ways, some more potent generators of dopamine than others. There are a variety of factors that determine how addictive a drug can be, however, how rapidly each drug can get into the brain, and how powerfully it activates neural reward circuits are two critical factors. Thus, the combination of the person’s susceptibility and the potency of the drug combine to create addiction.

Nick: In your experience, what factors have led to the “opioid crisis” as we know it today? I realize this is very general, so a summary will suffice.

Dr. Carinci: The current opioid crisis has its roots in the late 1990s, where the use of prescription opioid pain relievers began to be prescribed at much greater rates. This subsequently led to widespread diversion and misuse of these medications before it became clear that these medications could indeed be highly addictive. Opioid overdose rates began to increase. In 2015, more than 33,000 Americans died as a result of an opioid overdose, including prescription opioids, heroin, and illicitly manufactured fentanyl, a powerful synthetic opioid. That same year, an estimated 2 million people in the United States suffered from substance use disorders. In 2016, synthetic opioids (primarily illegal fentanyl) passed prescription opioids as the most common drugs involved in overdose deaths in the United States. In 2016, over 42,000 drug overdose deaths involved opioids. Of those, 45.9% involved synthetic opioids.

Nick: What treatment options are available for opioid addiction?

Dr. Carinci: Medications, including buprenorphine (Suboxone®, Subutex®), methadone, and extended release naltrexone (Vivitrol®), are effective for the treatment of opioid use disorders. The most comprehensive approach should be combined medications with behavioral counseling known as Medication Assisted Treatment (MAT). Studies have shown that MAT Increases social functioning and retention in treatment.


 

There will certainly be more to come in regards to this crisis. If there are any experts you’d like me to consult regarding this topic? Any other expertise you’d like covered? If so, please leave a comment and we will continue to cover this story, both from medical and litigation perspectives.