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Medically-Based Enterprise Risk Management

Toxic Tort / Litigation Support

Mold Exposure Blamed For Numerous Health Effects

Challenge:

Fourteen employees in the New York City metro area, who worked in several buildings, claimed numerous health effects from exposures to mold at their work place. They claimed disability related to on-the-job injury. We were asked to evaluate the situation and provide expert testimony.

Solution:

Using the medical and scientific literature concerning the known effects of mold on human health as a basis, we assessed each individual's claimed health conditions. We performed a visual inspection of the buildings and the potential exposure pathways. We evaluated the environmental testing results in conjunction with the claimed health effects. We prepared work products that included medical records abstracts, narrative summaries of medical encounters, and a comparison chart showing relevant medical and environmental data for each individual. We offered our client strategic approaches to deposing the opposing medical expert and additional strategies for trial. At trial, the jury awarded no money for medical claims.

Reflection:

We were able to significantly reduce our client's financial risk because of our experience in focusing on claimed conditions regarding whether they were scientifically – and medically – consistent with known health effects of exposure to mold. Our ability to design effective approaches to counter opposing environmental and medical experts' testimony was integral to successful resolution.

Lead Exposure in Urban Children

Challenge:

A law suit was filed against an apartment building owner in New York City related to claims of adverse neuropsychological effects in a child due to ingestion of lead paint. The family's primary language was Spanish – they spoke little English. We were asked to assist.

Solution:

We performed an initial assessment of the medical issues related to the case facts. We then presented the possible alternate causes for psychological and behavioral issues in the child. We advised the client to engage a pediatric neurologist for an independent neurological evaluation. From our network of vetted medical experts we recruited a Spanish-speaking pediatric neurologist who performed the evaluation.

Reflection:

Our connection with experts of various specialties in the medical field as well as other fields enables us to provide our clients with a wealth of expertise and innovative approaches to case resolution.

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