Other Complex and/or Catastrophic Cases

Examples of Complex Cases in which experts at Litigation Economics have provided analyses and testimony include the following:

An unusual lost profits case due to medical malpractice involved a San Francisco M.D. who owned and operated a fertility clinic, and two of his patients. One day the clinic implanted two fertilized embryos belonging to a married couple; the first embryo was correctly implanted in the wife of the couple and the second was wrongly implanted in a single woman who was also a patient at the clinic on the same day. The error was apparently quickly known by the clinic but not told to the two women until nearly 18 months later, after each had born a child as a result of the fertilizations. The children were fraternal twins. In one decision the courts ruled the couple had visitation rights to the child born by the single woman. In order to make these visits, the couple had to relocate from Crescent City, California to San Jose and the father had to relocate his fishing/crabbing operations. Litigation Economics estimated damages consisting of (1) lost fishing profits, (2) extra costs incurred due to commuting, storage and related extra expenses with the new location, and (3) foregone home production value by the father. Retained by Michael Brooks Carroll, and George Mavris, attorneys for Plaintiff, San Francisco and Crescent City, California.

When a ten year-old boy was injured in a car accident, he suffered both permanent cognitive impairments and a disfigured face and head. Based on the education plans and careers of other family members, Litigation Economics estimated foregone lifetime earnings by computing two scenarios (1) earnings as a college graduate vs. high school graduate and (2) earnings as a union electrician vs. unskilled laborer. In each scenario, lower earnings profiles were adjusted for mental disability and appearance based on relevant research. Retained by Ralph W. Boroff, counsel for Plaintiff, Boroff, Jensen, Klein & Smith, Santa Cruz, California.

When MasterCard gave a middle-aged nurse’s aide an adverse credit rating, she claimed it set off a series of events including added stress, chronic back injury, reduced compensation due to cut-back in work hours, and increased mortgage payments due to poor credit rating. Working for defense counsel, Litigation Economics experts provided critique of plaintiff’s report noting a number of computational errors and questionable assumptions, including work life expected to age 75, and provided alternative damages assessment. Retained by defense counsel, Michael S. Delehanty, Satterlee Stephens Burke & Burke, LLP, New York, New York.