VEI Challenges

This page provides links all recent cases involving challenges to VEI experts and their data or methodology to exclude expert testimony.

Case Citation	Summary	Issues Involved
Achtar v. Green; Kentucky	Male physician with cognitive, behavioral, and physical limitations	Expert qualifications Medical support Validity of the CPS data Validity of the first disability question Census caveat Hale article Rough approximation
Artl v. Wright; Ohio	Male with some college education with a neck injury	Use of statistical averages Expert qualifications Second analysis assuming college completion
Bennett v. Hidden Valley; Missouri	Female with head injury sustained at age 16	Daubert standards Use of statistical averages
Bentley v. Rose; Kentucky	Female with one year of college with back, head, shoulder, and hip injuries	Expert qualifications Use of statistical averages Speculative nature of analysis
Bernhard v. Bork; Illinois	Male painter with right shoulder injury and PTSD. Client has ongoing PTSD-related problems.	Post-Traumatic Stress Disorder (hereinafter referred to as PTSD) and its congruence with the definition of cognitive disability; Not a medical doctor; Use of a proxy vs. actual wage history; Application of cohort group data; Use of statistical averages.
Bowman v. McClendon; Indiana	Male with 7 years of education with neck and back injuries	Daubert standards Census Bureau caveat Validity of CPS data Use of statistical averages Heterogeneity Lack of exogeneity/self-reported disability Sample selection bias Skoog and Toppino article
Celarek v. Rutland; Illinois	Female college student with head, hip, and left wrist injuries	Being barred from testifying Definition of disability Validity of CPS data Temporary disability Permanent disability Probability of future disability Use of statistical average Phillips v. Industrial Machine General acceptance CPS use by other researchers Assessment of Ms. Celarek Affidavit of defendant's economic expert
Davis v. Abad; Ohio	Female, some high school with neck injury	Residual capacity Expert qualifications
Davis v. Henry Ford Hospital; Michigan	Male child with hydrocephalus and seizure disorder	Expert qualifications Reliability of the methodology General acceptance and peer review Self-reported disability Fringe benefits Wage growth
Engle v. Urethane; Kentucky	Male, high school graduate with injuries to his head, left arm, and knee	Expert qualifications Medical support Lifelong effect of work disability Medical impairment ratings
Farina v. Hershey; Pennsylvania	Female with some college with leg injury	Expert qualifications Medical support Residual capacity Fringe benefits Definition of disability Validity of CPS data Probability of future disability Use of statistical average Methodology CPS use by other researchers Relevance to Ms. Farina
Fischer v. Whitson; Indiana	Male, high school graduate with bilateral eye injuries	Expert qualifications Peer review and general acceptance Census Bureau caveat Validity of CPS data Self-reported disability Validity of the first disability question Heterogeneity Sample selection bias CPS use by other researchers Use of statistical average Assessment of Mr. Fischer
Franks v. Caito; Indiana	Male, high school graduate with shoulder, neck, and head injuries	Residual capacity Assessment of Mr. Franks Validity of CPS data Definition of disability Use of statistical average Self-reported disability CPS use by other researchers Daubert standards Corcione article Hale article Rodgers article Michels v. United States
Garibaldo v. Bandera; Texas	Death case of two males, both with 10 years of education	Expert qualifications Use of computer software Use of occupation-specific dollar for younger decedent Offset use
Greene v. Johnson; Indiana	Male high school graduate with a back injury	Earning capacity Work disability Pre-existing condition
Gruener v. Ohio Casualty; Ohio	Employment discrimination involving a female, high school graduate	Expert qualifications Purpose of assessment Definition of disability Use of statistical average Fit of opinion Hough-Scoma v. Wal-Mart
Holland-Tucker vs. Kempf Contracting & Design, Inc.; Indiana	Female with injury to the lower back, bilateral hips and pelvis and right wrist resulting in restricted work environment	Expert Qualifications
Hunt v. Cam-Jo; Florida	Female with high school diploma with neck, back, and shoulder injuries	Expert qualifications General acceptance Articles by other authors
Jones (Leonard) v. Randles; Texas	Death case of a married male with a high school equivalency diploma	Expert qualifications Reliability of methodology Use of computer software Use of methodology outside VEI/litigation Offset use Relevance (fit) of opinion
Kelly v. McFarland; Kentucky	Female with two years of college with head and facial injuries	Expert qualifications Medical support Pre- and post-injury earning capacity
Knee v. G.B. Supply; Nevada	Female, high school graduate with back, head, and left shoulder injuries	Validity of CPS data CPS use by other economists Daubert standards Phillips v. Industrial Machine
K v. Woodford; Texas	Male, college graduate with neck, head, arm, and pelvis injuries	Use of statistical averages Fit of opinion
Langer v. Anderson; Minnesota	Male, high school graduate with neck, head, and upper back injuries	Use of statistical averages Speculative nature of analysis
Lyons v. Follweiler; Pennsylvania	Female attorney with head, neck, and right shoulder injuries	Residual Capacity Medical support Expert qualifications
Maicki v. Johnson; Indiana	Male, high school graduate with low back injury	Daubert standards
Marcum v. Northern Indiana; Indiana	Male, high school graduate with shoulder and foot injuries	Pre-injury earning capacity Expert qualifications
McCoy v. Huyear; Kentucky	Male, high school graduate with low back injury	Expert qualifications Daubert standards Relevance to Mr. McCoy Validity of CPS data CPS use by other researchers Use of statistical averages Michels v. United States Phillips v. Industrial Machine Elcock v. Kmart
McGonigal v. Lucas; Indiana	Female high school graduate with neck and knee injuries	Census Bureau caveat Validity of CPS data Heterogeneity Self-reported disability Validity of the first disability question Letter from Harvey Hamel Skoog & Toppino article CPS use by other researchers Life, Participation, Employment methodology Daubert/Kumho factors Use of statistical average Assessment of Ms. McGonigal
Mesman v. Crane; Illinois	Male with two years of college with knee injuries and subsequent below-the-knee amputation of the left leg	Expert qualifications Use of computer software Daubert standards Hale article Validity of the first disability question Temporary disability Chronic disability Probability of future disability Use of statistical averages
Middleton v. Sears; Texas	Female, college graduate with right leg and left ankle injuries	Expert qualifications Validity of CPS data Definition of work disability General acceptance
Montgomery v. Mitsubishi Motors; Pennsylvania	Male, college student who died in a rollover accident
Parsons v. Gabbard; Kentucky	Male with two years of college with back, neck, and left leg injuries	Expert qualifications Validity of CPS data
Presley v. CCS; Kentucky	Death case of male high school graduate	Relevance to Mr. Presley Second analysis assuming promotion Relevance of fringe benefit calculation Relevance of household services calculation Worklife expectancy calculations
Rogde v. Northeast IL Railroad; Illinois	Male, high school graduate with back injury	"Employment, Earnings, and Disability" Daubert standards Elcock v. Kmart Hough-Scoma v. Wal-Mart
Saunders v. Webb; Kentucky	Female with one year of college with head and neck injuries	Expert qualifications Basic Methodology
Shaheen v. Advantage; Illinois	Male attorney with head, pelvic, and spinal injuries	Lifetime effect of work disability Knowledge beyond the ken of the average juror Effort to limit testimony
Snider v. Kotheimer; Kentucky	Female with skull fracture sustained at birth with seizure disorder and marked developmental delays	Expert qualifications
Stichnoth v. Shafer; Indiana	Male college graduate with a sustained injury to the head, neck, and back as the result of a diving accident.	Expert qualifications Reliability of Methodology Current Population Survey and American Community Survey Validity of the CPS data Medical versus Vocational Testimony Fit of the data with the facts of the case Jackson vs. Roadway Express, Inc. Use of computer software
Swiech v. Gottlieb; Illinois	Female with some college education with a variety of exertional and nonexertional limitations	Expert qualifications CPS use by other researchers Validity of CPS data Puleo v. McGladrey & Pullen Hough-Scoma v. Wal-Mart Phillips v. Industrial Machine
Taylor v. Tomato Products; Indiana	Male with ten years of education with a knee injury	Validity of CPS data Definition of work disability Medical support Lifelong effect of work disability
Walker v. Saligumba; California	Female college graduate with injuries to head, back, neck, and right hand, wrist, and shoulder	Medical support for opinion Support for worklife diminution Expert qualifications General acceptance CPS use by other researchers Self-reported disability CPS definition of disability CPS data validity
Williams et al. v. New York	Four children sustained lead paint poisoning. All were diagnosed with cognitive disorder and Attention Deficit/Hyperactivity Disorder. Full scale IQs were 84 or lower.	Definition of work disability Lifelong effect of work disability VALE software Expert qualifications Elcock v. Kmart Michels v. United States
Woods v. Elgin Railroad; Illinois	Male with 10 years of education with cervical spine and rotator cuff injuries	Pre-injury earnings speculative Daubert standards
Wright v. Jenkins; Indiana	Male with two years of college with right foot injuries	Expert qualifications Validity of CPS data Definition of work disability VALE software Basic methodology Phillips v. Industrial Machine Daubert standards
Wright v. Werner; Kentucky	Male with associates degree and pursuing bachelor's with back, neck, and head injuries	Expert qualifications Reliability of methodology Validity of CPS data Skoog & Toppino article "Employment, Earnings, and Disability" Hale article Use of statistical average Medical impairment ratings Use of case-specific data Phillips v. Industrial Machine

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Last modified: Monday October 27, 2008 06:22 PM