Our Experts in the Courtroom
In addition to the ample, in-house medical and legal staff employed by Aaron M. Levine and Associates, we are also affiliated with several medical researchers who are on the forefront of their respective fields and are actively developing the casual link between breast cancer and in utero exposure to DES. They consist of a pathologist, molecular biologist, epidemiologist, breast oncologist, plastic surgeon, and toxicologist. All of these experts have peer reviewed articles naming DES as a teratogen and carcinogen.
The key to any medical product liability case is in the effectiveness and qualifications of the medical and scientific experts available to testify. Three important areas are:
Fault:
Was the manufacturer at fault? Did they depart from accepted standards of prudence in their field? Did they fall to adequately test? Did they ignore the scientific literature suggesting the risk involved? Was the drug or device defective and unreasonably dangerous? Was it over promoted, did the distributor fail to warn? An expert in this field must have experience in the field, familiarity with the industry and what are the usual and customary standards and proper conduct in that field, whether it is manufacturing a diet pill or delivering a baby. In the DES exposure cases we call upon our associated experts who have the academic qualifications, experience, and the familiarity with the literature in the 1950's and 1960's to impress the judge and jury as to the state of the art back then.
Causation / Epidemiology:
Did the negligent act, the defective drug or the departure from accepted standards of prudent and careful medicine actually cause or significantly contribute to the injury? In most medical cases, the victim is suffering from some medical condition that forced a trip to the doctor or the taking of a pill that could be the cause of the ultimate disease. It also could be caused by trauma, infection, genetic or other factors not related to the defective drug, device or medical care. The injured victim is required to prove, through an expert, that the drug, device or care in question actually caused the injury complained of. Usually, this is done through treating physicians, scientists and epidemiologists familiar with the studies, tests and literature of the drug or device under question or similar products, as well as the underlying anatomy and pathology which could explain how the drug, device or care could cause such an injury in the general population or animals. We call upon our associated Obstetricians, Gynecologists, Epidemiologists, Reproductive Endocrinologists and Pathologists who have testified in winning cases.
Damages or Extent of Injury:
In order to obtain compensation, we must present additional medical and therapeutic experts to tell the court about your injury and the ramifications, future medical problems, prognosis, limitation of employment, inability to go about life's activities, or future medical needs. We call upon our experts, treating physicians, disability experts, life planners, actuaries, who have given prior testimony translating these factors into present value dollars. Some of the other experts we know on a first-name basis and who work with us consistently are in the fields of:
- Anesthesiology
- Neuropsychology
- Autopsy Examination
- Neurosurgery
- Biomechanical Injury
- Obstetrics and Gynecology
- Blood Analysis / Disease
- Pediatric Occupational Therapy
- Cancer
- Gynecological Oncology
- Chemistry
- Pediatrics
- Clinical Medicine
- Pharmacology
- Disability Evaluation
- Pharmacy & Marketing
- Drug Toxicology
- Radiology
- Economic Valuations
- Rehabilitation Medicine
- Human Factors
- Safety Engineering
- Laboratory Services
- Surgery
- Microscopic Pathology
- Toxicology
- Neonatology
- Trauma
- Neurology
We are affiliated with trial attorneys in every major population center in America who are available to us should local issues arise.
Easing the Hurdles of Proof in the Courtroom
When it comes to women's health, we at Aaron Levine & Associates have the expertise and practice to take on your medical lawsuits. We "wrote the book" on proving product identification in DES cases in the encyclopedia of proof which is in most law libraries throughout America. 46 Proof of Facts 2d 51. We made critical case law in Shields v. Eli Lilly* on the issue of product identification. Aaron Levine & Associates was instrumental in providing the legal profession with instructions and checklists for how to obtain and present this information. Our background in women's health can work to your advantage in the court room. Let our attorneys' help you receive the justice you deserve.
Statutes of Limitation
In most states, the door to the courthouse shuts in the consumer's face within two or three years from the date of injury. But medical drugs often have complicated and vague effects that can take years to manifest. The wrongful conduct of those who manufacture the drugs and medical devices in litigation today has been concealed to a large degree. The question then becomes, when did a victim's statute of limitations start to run? Statute of limitations questions are complex and require unique expertise. In Dawson v. Eli Lilly* we convinced the court that it would not be fair in a complicated DES medical products case, where the facts are often confusing and beyond ordinary comprehension, to start the three year period until there was notice of the negligence of the manufacturer. Again, Levine & Associates has created instrumental precedent in this area.
Product Identification and Proof of Exposure
Though the effects of mistakes made during women's healthcare procedures is long lasting, too often the legal repercussions take too long as time passes, and information is forgotten. DES is a drug in litigation that the lawyers at Aaron Levine & Associates are all too familiar with. It has been a half-century since DES was popular. Since that time pharmacies have closed, pharmacists have become unavailable or forgotten the brand of DES they had in the stores at the time of your mother's prescription. Certainly the records of the prescription no longer exist. Prescribing physicians and their records are also often unavailable.
In six states you can sue the industry but you only get a share of the market, not full compensation. However, in the other states you need proof of a particular brand. How do you prove that you were actually exposed to DES and even more difficult, what brand of DES your mother purchased?
To combat this health concern, we have created a network of physicians, pharmacists, pharmacy investigators and marketing experts who are able to discover the proof necessary to establish the fact of your exposure and the brand to which you were exposed in most cases. Our DES work is a shining example of our commitment to women's health, but our legal services reach far beyond this particular drug. Women's health is an extensive and important medical field. With as much promise and hope as it gives women, it also leaves room for pain and physical damage. At Aaron Levine & Associates, our attorneys recognize the importance of swift and accurate legal actions for the women and families affected by malpractice, personal injury, and other women's health issues.
Adequate Warnings to the Consumer
In any product liability case, the nature, scope and presentation of the product's real risk is an issue that requires close scrutiny. Russell v. GAF* is our appellate case that resulted in a dramatic change in the responsibility of manufacturers to clearly broadcast product warnings. We obtained the first decision in our jurisdiction that requires manufacturers to put a warning on each and every item until it gets into the hands of the consumer. This ruling, reinforced in Payne v. Soft Sheen Products, Inc.,* another case we were involved in, has had special relevance in drug and product liability injury cases, where the manufacturer or distributor has the responsibility to warn doctor and patient.
*If you would like a copy of any of these decisions please fax your request on your letterhead to 202-833-8046
**This website should be used as an educational tool only. If you suspect you have symptoms of breast cancer, please contact a licensed physician for diagnosis and treatment.**