August 2009 Archives

Attorneys for a Wilminton, Ohio, man charged this month with murder in a 1993 death are asking for court approval to hire a DNA expert and a private investigator at a combined cost of $13,000.  Clinton County Common Pleas Court Judge John W. Rudduck this week said he needs more information before he will decide whether to grant the request for funds to retain an expert witness and an investigator. The merits of the request will be heard at an oral hearing Sept. 15 in the common pleas courtroom.  Terrin “Randy” R. Long, 46, of Wilmington, is charged with the death of 32-year-old Dianna Jean Crum in May 1993.

There are circumstances that might require a court to provide an indigent defendant funds to hire a private investigator and expert witnesses, Rudduck wrote in his court entry on the request. But there is another side to this coin, according to the judge.  A key consideration in determining whether to order state-funded expert assistance, according to Rudduck, is gauging what the probable value of the added service is, and the risk of error in the legal proceedings if the assistance is not provided.  “If the court believes the accuracy of the expected trial is adversely affected by not providing the defendant this expert’s advice, the court will authorize expenditure of reasonable funds to ensure the accuracy of the trial,” Rudduck wrote.

Excerpted from wnewssj.com

San Francisco-based Craigslist Inc., the online advertising provider, accused San Jose-based eBay Inc. of using its minority stake in the company to extract confidential information that helped start a competing classified-advertising Web site. Executives of San Jose-based eBay, the most-visited e-commerce site, obtained a seat on Craigs-list's board after buying 28 percent of the company's shares and used that access for "data mining," lawyers for Craigslist claimed in a filing in a Delaware lawsuit over the company's decision to adopt corporate defense measures. "The great thing about the investment is we get a seat at the table to learn," eBay executive Garrett Price told colleagues in September 2004, according to Craigslist's July 17 filing. A Delaware Chancery Court judge is scheduled to hear testimony starting Oct. 5 about whether Craigslist owners Craig Newmark and James Buckmaster diluted eBay's stake by changing the San Francisco-based company's stock structure as part of its defensive moves.

EBay’s lawyers are asking Chancery Judge William B. Chandler in Georgetown, Delaware, to bar the testimony of internet expert Robert Cauthorn, whom Craigslist hired as an expert on Web-based classified advertising. EBay says the expert's years as a online newspaper executive don’t qualify him to serve as an expert on the reasonableness of the actions of corporate directors and he shouldn’t be allowed to testify about EBay’s relationship with Craigslist.
 
Excerpted from insidebayarea.com.

If you are a pet owner, chances are your family friend will get an illness and need medical attention at least once or twice during their lifespan. So, how can people protect against the rising cost of medical services for their pets? Pet insurance may be the answer.  Pet insurance expert, Jared Katz writes:

If you’re considering pet insurance, here are three questions you should ask to find a plan that is right for you:

1.) What are my deductible options? Choosing a higher deductible will lower your monthly premium, but means your out-of-pocket costs will be higher each time your pet begins a new medical treatment. Choosing a lower deductible will increase your monthly premium, but means your out-of-pocket costs will be lower. Make sure that the pet insurance plan you choose offers you the flexibility to change plans and deductibles depending on your needs today and in the future.

2.) What is covered by the plan? Many plans reimburse pet owners for 80% of the cost of treatment after the deductible is met for illnesses, accidents, injuries and many other veterinary services. Make sure the plan allows you to visit any licensed veterinarian and provides coverage for emergency care. Find out if the plan will cover chronic illnesses such as diabetes or cancer and the specialists who treat those conditions. Consider asking about preventive care coverage, because many plans offer optional coverage for preventive measures such as annual exams, vaccinations or teeth cleanings.

3.) What is excluded from the plan? Most plans exclude the health issues that your pet has before you sign up for the policy, whether or not they were previously diagnosed or treated. These may include the congenital conditions your pet is born with or conditions that some breeds are susceptible to. Make sure the policy you choose clearly states what is and is not covered in a way that is easy to understand. And remember, buying a pet insurance plan when your dog or cat is young means they are less likely to have preexisting conditions.

Excerpted from www.singleminedwomen.com.

An independent evaluation released in June by the Office of Special Counsel (OSC), relying on the assessment of an independent engineer, has determined that there are serious safety and reliability issues with hydraulic pumps that were installed in New Orleans after Hurricane Katrina. These pumps are designed, in case of emergency, to move flood water away from the city to the lake side of the floodgates. Despite repeated internal reports that the pumps were faulty, the U.S. Army Corps of Engineers (USACE) and Department of Defense Inspector General (DoDIG) have repeatedly denied inherent flaws in the hydraulic pumps since 2007.

Government Accountability Project client Maria Garzino, a USACE mechanical and civil engineering expert, was the Pump Team Installation Leader who blew the whistle on several problems that render the pumps ineffective. After unsuccessfully taking her concerns to the Army Corps in August 2006, Garzino made a whistleblower disclosure in August 2007 to the OSC - the federal agency charged with investigating whistleblower disclosures and defending such employees. After assessing Garzino's charges and the DoDIG's response, the OSC determined in August 2008 that "...it appears that the pumps remain inadequately untested, and vulnerable to failure in the event of a hurricane."

Excerpted from commondreams.org.

Sheila Matthews’ medical malpractice lawsuit alleges she suffered from progressive neurological deterioration after she was admitted to NCH North Naples Hospital, FL, on March 29, 2005. Six days later, she was transported to NCH Downtown Naples Hospital for a lumbar magnetic resonance imaging (MRI). Two days later, another MRI found a large epidural abscess on her spine. A neurological consult was immediately requested and decompressive surgery was performed to remove it. But it was too late: Matthews had suffered severe, permanent neurological dysfunction.

Among the lawsuit’s allegations are that the defendants were negligent for failing to perform proper nursing assessments; not notifying doctors of significant changes in her condition; failing to perform timely MRIs; not documenting nursing assessments; not admitting her into the intensive care unit for close monitoring; and failing to identify and recognize Matthews’ progressive neurological condition. The lawsuit alleges defendants didn’t follow Vickers’ orders to perform cervical and thoracic MRIs. If the lumbar MRI was interpreted as normal, Vickers wanted the other MRIs to rule out a bacterial abscess.  Jurors have heard videotaped depositions, including internist Sunil Pandya’s, and testimony from medical experts who have been cross-examined by each doctor’s defense attorney.

Excerpted from Naplesnews.com.

A Nassau, NY, judge reiterated her earlier decision to allow Brandon Hampson, 39, of Coram, NY, to use the so-called Zoloft defense at his upcoming trial. His attorney plans to argue that once the defendant discontinued use of the antidepressant medication, he became violent and beat his ex-girlfriend.  District Court Judge Rhonda Fischer said Friday, for the second time, she will permit a psychiatry expert witness, to testify at trial that a withdrawal from Zoloft, a widely prescribed antidepressant, could cause a person to become hostile and aggressive.

Hampson is accused of punching and kicking his former girlfriend, Lisa Essling, 28, of Malverne, on Aug. 25, 2006. Hampson "had stopped taking Zoloft" at least several days before he attacked Essling and the withdrawal from the pill made him violent, defense attorney Eric Bernstein said.

Excerpted from www.newsday.com.

A fire cause and origin expert testified Wednesday that the Carondale, CO, County Road 100 wildfire started somewhere other than Larry Gerbaz's property in April 2008.  Jeffrey Berino, a senior fire investigator with an Arvada firm, said he concluded the cause and origin of the wildfire couldn't be determined because of a wide variety of factors. Berino, who was hired by Gerbaz's defense team, said he found evidence of “several” heels or possible places of origin for the fire when he investigated the scene last summer. “None of them are near Mr. Gerbaz's [wood] pile,” he said.

Gerbaz acknowledges he burned a wood pile at 1265 County Road 100 on Saturday, April 12. He claims he took precautions to make sure the fire didn't spread and made sure it was out before he left it unattended.  An investigation by the Garfield County Sheriff's Office concluded heavy winds on Tuesday, April 15, revived embers from the Gerbaz burn pile and started the wildfire. Gerbaz is facing one felony and one misdemeanor charge of fourth degree arson. Deputy District Attorney Ed Veronda called more than one dozen witnesses last week to build a case.

Excerpted PostIndependent.com. 

Insurance expert Mauro Convertini points out how post-manufacturer vehicle modifications can increase risk and insurance premiums.  He explains, “certain modifications can put motorists at a greater risk of having a collision, such as a lowered or raised suspension, or increasing the size of your engine. Your vehicle could become untrustworthy on the road and impact your safety as well as your access to coverage.”

Even modifications you would expect to better the insurance risk of your vehicle, like an improved brake system, may still increase the cost of insurance for the following reasons:

• The modifications might increase the value of the vehicle and then the insurer has to pay out more in the event of a claim.

• Modified vehicles often are more attractive to thieves increasing the risk of theft.

• Vehicles with performance modifications generally mean that the performance of the vehicle is improved which can lead to more severe accidents.

Remember an insurer could refuse to pay a claim and even leave you uninsured if you have not disclosed modifications to your vehicle. So before you invest time and money on a project that could raise your premium, call your broker or insurance company and verify that your insurance will remain valid.

Excerpted from metronews.ca.

The Texas' Ninth Court of Appeals has been tasked to decide whether or not an Orange, TX, couple's medical report meets Texas Civil code requirements.  Ivalyn and Lee O. Anderson  sued eight doctors and three hospitals, alleging Mrs. Anderson suffered from a stroke after doctors inserted a central line into her veins.  During her chemotherapy treatment in 2006, Ivalyn suffered a stroke and a traumatic rupture of her subclavian artery, causing severe injuries to her brain and heart, they say.  To substantiate their claims, the plaintiffs submitted the expert reports of Drs. Louis Silverman and Joel Meyer. It is a requirement under Texas' Civil Code to submit an expert report when filing a medical malpractice claim.  The defendants objected to the validity of the expert reports and filed a motion to dismiss.

Some of the defendants in the couple's suit, which was filed in Jefferson County, include Dr. Samuel J. Pangburn, who inserted the subcutaneous central venous line in Ivalyn's heart; the Julie and Ben Rogers Cancer Institute, Memorial Hermann Baptist Beaumont Hospital and Memorial Hermann Baptist Orange Hospital, all places where Ivalyn received nursing care.

Excerpted from TheSoutheastTexasRecord.com. 

The Public Counsel Section of the Washington State Attorney General’s Office on Monday  challenged electric and gas rate increases proposed by Avista, saying the Spokane, WA, based utility’s request is not justified and that, in fact, the company might be charging its customers too much for service. 

Avista’s request, filed with the Utilities and Transportation Commission (UTC) in January 2009 would increase the electric rates of its residential customers by 18.5 percent. Overall, the proposed request would generate an additional $74.7 million in revenues – $69.8 million from electric customers and $4.9 million from gas customers (a 2.4 percent overall increase).

But if the UTC approves all of Public Counsel’s recommendations, Avista’s electric revenues would be reduced approximately $12 million below current levels, resulting in lower electric rates. Revenues from gas rates would only rise by approximately $400,000.  Avista serves 230,364 electric customers and 143,673 natural gas customers mostly living in Eastern Washington.  Proceedings to cross-examine expert witnesses are scheduled to begin Oct. 6.

Excerpted from the Washington State Office of the Attorney General press release.  

(Source: Milwaukee Journal Sentinel) By THOMAS CONTENT

A utility watchdog group received more than $253,000 in funding Thursday to hire expert witnesses who will testify about more than $300 million in power price increases sought by several Wisconsin utilities, including We Energies.

The Citizens' Utility Board received more than $93,000 in funding from the state Public Service Commission for We Energies' proposal to increase electricity rates by $126 million in 2010. The group also received $99,000 for a pair of rate cases involving the Green Bay electric utility Wisconsin Public Service Corp. The remainder will be spent in rate cases involving two Madison-based utilities...

Several of the price increases are controversial this year because utilities are asking for permission to raise rates in part because power sales are declining. That's a main factor in the increase proposed by Wisconsin Power & Light Co. of Madison and a key factor driving the proposed We Energies increase.

In Think Twice Before Accepting An Expert Witness Offer, Hospitalist.com writes:

Understand that our judicial system holds that a physician in the same field as the defendant is the most qualified to determine whether the defendant met the standard of care. Standard of care is what is reasonably expected of a physician in that field given the circumstances. So if the defendant is a hospitalist, the attorneys are looking for an expert witness who is also a hospitalist. Seems like a reasonable system, right? Individuals are judged by their peers. But the system is far from perfect.

Critics point out the system is inherently flawed when we rely on “experts” to help us determine the standard of care. Aside from working in a given field of medicine, there are no specific qualifications to be an expert witness. Unfortunately, not all experts are experts, and not all experts are completely honest. And there can be a lot of money at stake. Plaintiffs attorneys and defense attorneys, along with expert witnesses for both sides, stand to profit from lawsuits. All of this drives up the cost of medical malpractice premiums.

Carbondale, CO, Fire Chief Ron Leach testified as a fire origin expert Tuesday in an arson trial that he is convinced the County Road 100 fire in April 2008 originated on a ranch maintained by Larry Gerbaz.  The expert said the burn patterns left on grass, trees and vegetation trace back to a meadow at 1265 County Road 100, where there is a ranch maintained by Gerbaz. Strong winds prevailing from the west toward the east pushed the fire off that ranch and toward the Ranch at Roaring Fork subdivision and Catherine Store, he said.  The fire damaged three houses, burned one man and forced the evacuation of hundreds of residents

Deputy District Attorney Ed Veronda started building a case Tuesday to try to convince the jury that Gerbaz was careless in his handling of a controlled burn even if he didn't intentionally let the fire get out of control. Gerbaz lit a wood pile on fire the weekend of April 12 and 13. When high winds kicked up the morning of Tuesday, April 15, Gerbaz was in Denver, both sides agree.

Excerpted from TheAspenTimes.com.

In Think Twice Before Accepting An Expert Witness Offer, Hospitalist.com writes:

Most physicians complete medical school and postgraduate training without firsthand knowledge of our legal system. Unfortunately, a number of physicians become defendants in medical lawsuits during their professional careers. I hear with increasing frequency about hospitalists being sued for alleged medical malpractice. I am not surprised. This is not an indictment against hospital HM, but more a matter of probability. There are at least tenfold more hospitalists today than 10 years ago.

To be clear, I am not an attorney, nor do I have any formal legal training. I suggest you speak with an attorney if you have questions about the law. Laws vary from state to state, but for the most part, plaintiff attorneys and defense attorneys retain expert witnesses to help them determine the merits of a lawsuit. Did the defendant have a duty to treat the patient? Was there a breach of the standard of care? What were the damages, and were they due to the defendant’s actions or lack of action?

An expert witness testified last week that Justin Heyne, convicted Brevard County, FL, triple murderer, has significant brain damage and cannot contain aggressive and violent behavior.  Dr. Joseph Wu, a psychiatrist at University of California, says Heyne shows damage in his temporal lobe and likely suffered damage from a concussion in childhood and possibly another one later in life. "His temporal lobe is malfunctioning," Wu said, comparing Heyne's condition to faulty brakes on a car. "Cocaine and alcohol on top of that is like putting gas on a fire."

Palm Bay forensic psychology expert William Riebsame testified Heyne knew what he was doing and knew that it was wrong when he shot and killed the family of three in 2006.  But he also said Heyne may suffer from bipolar disorder. He said both Hamilton and Heyne were using cocaine and drinking beer the day of the shootings. "That should be considered when trying to make sense of Heyne's actions," he said.  Assistant State Attorney Tom Brown said it appeared Heyne was able to think clearly when he fled the scene, hid the weapon, showered and changed into clean clothes.

Excerpted from FloridaToday.com.

The federal department of Immigration and Customs Enforcement yesterday announced an immediate overhaul of its sprawling, complaint-ridden system for detaining more than 32,000 immigrants in 350 facilities.  ICE said last week that it would immediately close the T. Don Hutto Family Residential Facility in Texas, which immigrant advocates have assailed as inadequate for children. From now on, families facing deportation or awaiting decisions on asylum applications will be detained only at Berks Family Residential Center, a facility of about 80 beds, in Leesport, Pa.

Immigration expert and ICE assistant secretary John Morton says "The population that we detain is different than the typical population detained in jail. We need to adjust the balance."  The agency said in a statement that "with these reforms, ICE will move away from our present ... jail-oriented approach. ... The system will no longer rely primarily on excess capacity in penal institutions. In the next three to five years ICE will design facilities ... for immigration detention purposes" only.

Excerpted from Philly.com.

Christie Michelle Scott, 31, was convicted July 8 on three counts of capital murder for the Aug. 16, 2008, death of her 6-year-old son Mason Scott. The first count was that she killed the child for monetary gain - $175,000 in life insurance that included a $100,000 policy purchased 12 hours before his death. Count two was that she committed an intentional murder during a first-degree arson. Count three was that the victim was less than 14 years old.

Fire experts and investigators for the prosecution testified the fire began on or around Noah Scott's bed, but they were unsure how it was ignited. They also testified that the home's smoke detector was disabled before the fire. Prosecutors contend Scott disabled the smoke detector to prevent it from alerting her son to the fire. 

Excerpted from TimesDaily.com.

Judge Gregory K. Frizzell has ruled that the two expert witnesses who would have testified that bacterial loads in the Illinois Watershed are due to field application of poultry litter and other poultry waste will not be permitted to testify.  Oklahoma Attorney General Drew Edmondson has sued seven poultry companies with headquarters and/or operations in Arkansas for contamination of the rivers and streams in the watershed. In a ruling last month, Judge Frizzell said Edmondson, should he prevail, could not seek the $615 million in monetary damages he sought to collect. 

Frizzell said the two witnesses -- Valerie Harwood, a microbiology expert at the University of South Florida, and Roger Olsen, an independent chemistry expert based in Denver, CO, based their conclusions on research methods that have never passed rigorous peer review and that Olsen's conclusions were subjective.  An Edmondson spokesperson said the attorney general's office is disappointed in the ruling but said Harwood's and Olsen's testimony is not essential to the case, which "remains intact and strong."

Excerpted from FeedStuffs.com.

A state appeals court has upheld the monetary awards given to a worker and the estates of two other workers who were exposed to asbestos at Riegel Paper Mills.  After a six-week trial in the Civil Division of Superior Court in New Brunswick, a jury awarded Walter L. Patton $514,220, the estate of Harry H. Wilson $76,102 and the estate of Walter W. Grube $259,045.  Scapa Dryer Fabrics Inc., the manufacturer of the felts that dried the wet rolls of paper on Riegel's paper machines, appealed the awards because of their size, the jury's failure to apportion liability to the other defendants in the complex litigation and cumulative errors in the trial.

Witnesses during the trial testified that Patton, Wilson and Grube all worked around the paper machines and the dryer felts and were exposed to asbestos dust. Witnesses also testified the three did not take any special precautions around the dryer felts, nor were they ever instructed to.  Scapa's expert witnesses testified that the dust created in the paper mills was "paper dust" that did not contain asbestos and that the three men were not exposed to hazardous levels of asbestos.  At the end of the trial, the jury rejected the claims of two other workers, but found only Scapa liable for damages to the three workers.

Excerpted from myCentralJersey.com.

The amended complaint filed July 31 in Los Angeles Superior Court by the San Diego law firm of Aguirre, Morris & Severson charges AIG with funneling money from insurance operations to gamble in derivatives. Maria Severson of Aguirre has said that the suit seeks to bar AIG from soliciting new business without revealing its financial status. The New York Times story quotes Mississippi insurance expert and forensic accountant Thomas Gober, who is assisting the San Diego firm in the suit. "The financial [statements] I have reviewed lead me to believe that AIG's equity is enormously negative," Gober says. "But for funding from the government, AIG is insolvent."

Mike Aguirre of the firm points out that the federal government's feeding of money to AIG is essentially "subsidizing wrongdoing." The company took more than $180 billion from the government and continues unlawful activities, "manipulating liabilities and assets in violation of insurance regulations." Also, state regulators, who are supposed to monitor insurance companies, have been neutralized, he says.

Excerpted from SanDiegoWeeklyReader.com.

Bruising on the body of slain fighter Arturo Gatti was overlooked by the Brazilian authorities who conducted the initial autopsy, a celebrity pathology expert hired by the ex-boxing champ's family said Saturday after a seven-hour forensic follow-up. "There were some surprises," Dr. Michael Baden said in an interview with The Canadian Press. "The first surprise was that it was a partial autopsy, and not a full autopsy; the second was that there were some important findings, like the injuries that had not been identified."

Brazilian authorities said earlier this week that Gatti had committed suicide at a resort in the northeastern part of the country on July 11. His 23-year-old Brazilian wife, Amanda Rodrigues, was released Friday after being held for nearly three weeks on suspicion of murder. Partial autopsies are unusual in suspected homicides, said Baden, who described the overlooked injuries as bruises that weren't cited in the initial forensic report.

Excerpted from TheCanadianPress.