Songwriters write music for the most popular performers. Beethoven, Mozart and Bach composed symphonies to be performed by the world’s best orchestras. I compose legal music – medical causation case designs that maximize the probability of the trier-of-fact reaching the correct outcome. My medical causation case designs force the opposition to prove our opinions wrong. This they cannot do.
Each type of serious medical claim poses a significant challenge and demands a unique causation case design. The trier-of-fact will sympathize with plaintiffs who have suffered serious diseases or other life-altering ailments. The causation case design needs to overcome their predilections to render a verdict for the plaintiff.
I have been recognized by former clients as one of the nation’s best medical causation case designers. I offer customized causation case designs that lead the jury or judge to the correct conclusion. These case designs take into account the different types of medical claims, the level and route of exposure, the plaintiff’s medical history, and the type of exposure involved.
My causation case designs incorporate a mastery of the disease biology, including how the disease naturally occurs and progresses in the human body; alternate known causes for the disease; a thorough understanding of how the drug, chemical or metal is processed by the body’s organs and systems; the known toxicity of the purported culprit; and more than thirty years of experience tackling these disease claims in courts throughout the United States.
These case designs examine the causation issues from four different perspectives - toxicology or pharmacology, epidemiology, medical biology and biological probability – and then are intertwined into a compelling single presentation.
My medical causation case designs are premised upon:
- Whether the medical causation claim is supported by and consistent with biological probability.
- The fact that a jury or judge is more likely to accept conclusions arrived at by three complementary yet diverse sets of scientific arguments. The convergence of different medical and scientific perspectives on a single causation conclusion is exceedingly powerful and difficult to refute. This puts the opposition to the task of proving our opinions and conclusions wrong; this they cannot do.
- When possible, providing affirmative answers to the pivotal questions in the minds of the jury or judge, including why the plaintiff has the disease(s) in question. I develop an irrefutable medical and scientific case as to the most biologically probable cause(s), thereby negating the contrary assertions. This ensures that the correct science will prevail.
- Ensuring that the individual and collective testimonies will be perceived to represent the overwhelming medical and scientific consensus, as opposed to scientific outliers or “bought and paid for” litigation banter.
My medical causation case designs are further premised upon the following key principles:
- Deliver the simplest possible case to the jury
- Define and control the issues before the jury, rather than allowing the opposition to do so
- Present the jury with an affirmative and believable case
- Acknowledge the jurors’ pre-existing beliefs and use science to change or enhance those beliefs
- Define the issues in a way that predisposes the jury to your story of the case
- Teach the jury how to decide the scientific issues before them
- Allow science to control the courtroom
- Place the ultimate burden on the opposition to prove you wrong