A breast implant is an implanted device used to augment existing breast tissue for cosmetic purposes or to reconstruct the breast after surgery such as mastectomy. Litigation from alleged harm due to breast implants is not new, but recently a new form of lymphoma thought to be associated with implants added to concerns over the safety of these devices, which have also included implant rupture and contracture.
In 2018, silicone implant breast augmentation was the #1 performed plastic surgery for women in the United States, with 928,914 procedures performed. Implants range from round to oval to teardrop shape to best approximate the patient’s natural shape and may contain silicone or saline. Both silicone and saline implants have an outer shell made from silicone. Some implants have a smooth surface, others have a textured surface thought to stabilize the implant and decrease scar tissue formation.
Fig 1 Breast implants (image courtesy FDA; https://www.fda.gov/medical-devices/implants-and-prosthetics/breast-implants, accessed 6/1/19)
Credibility is critical to the success of an expert witness. You should be able to rely on your expert for honesty, and a case that is articulately and assertively presented. There are many factors to consider when engaging an expert and to make sure that the opinion you receive is objective and will stand up to cross-examination.
Juries are required to sift through vast amounts of information. The reliance on an expert witness to assist in understanding the facts is crucial and appearance of bias can negate an expert’s testimony with the jury. Saponaro, Inc., employs several safeguards against unreliable and unethical expert witness testimony with the following guidelines:
Product recalls happen as a result of consumer safety concerns not originally detected when the product was released, or because of an undetected malfunction that requires repair. But injuries or even death can occur when a product is recalled off the market too late.
Even if a product is for sale and being purchased by thousands or millions of consumers, it’s not necessarily safe. It could be a best-seller for a manufacturer, resulting in millions of dollars in profits, but it may not be safe.
Fisher-Price Rock ‘n Play Sleeper Deaths & Injuries
As an attorney with years of experience in the legal industry, you know all about expert witnesses. You know when to hire one for a case. You know the pros and cons. And you know the benefits of having one. But have you perfected the art of establishing a convincing expert opinion?
Expert witnesses play a crucial role in a case, and many times your expert’s testimony will determine whether you win or lose the case. It’s a make or break situation, and you depend on trustworthy, reliable expert witnesses.
But what happens when an expert witness backs out of your case for some unforeseen event or circumstance? Or you encounter hesitancy or difficulty in trying to schedule your expert for trial? And worst-case scenario: what happens with the death of an expert witness?
Some people use the terms “expert consultants” and “expert witnesses” interchangeably. This gives the impression the two are the same, which is far from true.
Yes, expert consulting and expert witnessing have characteristics and responsibilities in common, but it’s critical to understand the difference between the two, especially before hiring an expert. This difference can make or break your case.
Are your expert’s deposition fees being challenged as excessive? If so, it may not be the expert who is driving up your costs but the service that is billing for the expert. (more…)
The Center for Disease Control estimates that over one million Americans suffer slip, trip and/or fall injuries each year, and 20% to 30% of those people will suffer moderate to severe injuries, like fractures and head trauma. (more…)
Auto accidents are a leading cause of serious injury and death. Accident reconstruction, liability, and severity analysis experts will strengthen your case, but many times cost is a worry. Follow our straight forward referral process that allows you to calculate your cost of hiring an Expert so you can focus on the case, not the cost. (more…)
Sometimes, to control initial costs, an attorney will utilize a service that offers quick opinions on potential malpractice cases. Depending on the case, this may be an effective screening tool, but this scenario can also be problematic, since the experts do not always get the complete picture. (more…)
