Litigation Support

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Litigation is not the most desirable answer for resolving a claim in any area. However, sometimes, a legitimate claim can be forced to litigation by defendant refusals to acknowledge the claim. Other times, false or overstated claims are made, against which one must provide a scientific defense.

We can help you avoid much of the high cost, time demands and, yes, emotional trauma of litigation, by giving you the fact-based scientific opinions to encourage a fair settlement or to get an unsupported claim dismissed after a relatively low expenditure. If we can't help you to a fair resolution before full-blown litigation, we'll be there for you for deposition and trial, armed with the scientific arguments which support your position. We'll help a jury understand your position from a scientific standpoint.

Dr. Zeigler has served as a scientific consultant and/or expert witness in several different litigation settings, most particularly as a defense expert in the huge breast implant mass tort and as an expert in vibration damage occurrences. This litigation experience, coupled with his scientific and personal integrity, can make him a resource for law firms and large corporations facing significant technically-rooted litigation.

Experience

  • Extensive experience in construction-caused ground vibration damage to structures, including trial and deposition testimony
  • Sworn testimony in trial, deposition and hearing settings over 50 times in both medical device and vibration damage litigation
  • Special experience in implantable medical device litigation (breast implants, chin implants, malar implants, tissue expanders, vaginal slings, mesh abdominal implants, and others). His expertise in silicone chemistry and materials properties, device manufacturing procedures, quality control, GMP and many other elements of implantable medical device litigation combines his extensive knowledge of silicone-based polymers with his analysis of several hundred thousand pages of manufacturing and inspection documents.
  • Additional experience as a defense expert in personal injury litigation (e.g. fiber-reinforced silicone steam hose explosion, sleep clinic fire)
  • Strong scientific and technical background and recognition, with many publications, patents, copyrights and an international award for one of his scientific discoveries. Dr. Zeigler is also an author of three books: the Construction Vibration Damage Guide for Homeowners, the Construction Vibration Damage Guide Professional Edition and Silicon-Based Polymer Science - a Comprehensive Resource.

Capabilities

Scientific Advice and Consulting
Dr. Zeigler's expert knowledge of vibration effects science, silicon-based (and other) polymers, as well as organic chemistry, combined with his extensive litigation experience, can help you understand the technical issues surrounding a given product or device. Experience in litigation settings has shown that juries appreciate and respond to attorneys and witnesses who fully understand, and can explain understandably, their cases from a scientific viewpoint.
Document Analysis
Company documents and their real meaning in proper context constitute much of the subject matter of most technical and product litigations. We can help you, just as we have in literally thousands of other litigation cases, understand the full import of company documents from a scientific/technical standpoint, identify issues that the documents might raise and help you deal with "bad" documents.
Analysis of Scientific Data
In both litigation and non-litigation settings, the real meaning of scientific data, especially when there is a large volume of it to understand, can be hard to determine. Dr. Zeigler can analyze data sets carefully and without bias to ferret out the real meaning of complex or extensive data. He will arrive at conclusions which are defensible scientifically and understandable to those who must make decisions about them.
Deposition and Trial Preparation
Claimed "scientific expert" testimony, even when scientifically invalid, can be tremendously damaging at trial or even in settlement negotiations. Dr. Zeigler has helped attorneys literally hundreds of times understand expert testimony, find scientific weaknesses in it, develop responses to it, and devise general lines of questioning to limit or attack opposing testimony. His scientific studies have helped to eliminate or limit issues and opposing witnesses from trial testimony numerous times. The attorney will formulate his own strategy, but, with our help, he will do so from strength and knowledge.
Product Examination and Failure Analysis
Dr. Zeigler has full capability to perform non-destructive analysis of used or failed products to determine the cause of any failure and help pinpoint issues that might be raised by opposing counsel during trial or settlement negotiations. Examinations can be documented photographically, by video, by written report, by oral report or any combination thereof.
Exhibit Preparation
Unlike most expert witnesses, Dr. Zeigler has prepared virtually all the many illustrative exhibits and computer animations he has used at trial and in Daubert/Frye hearings. Thus, there are no damaging answers to questions like "Did the attorneys prepare this for you?". Since he prepares exhibits in active consultation with client attorneys, you can rely on his exhibits to be scientifically valid and understandable for the average jury.
Expert Testimony
Dr. Zeigler has given sworn testimony in state and Federal courts, at trial and in Daubert/Frye hearings to limit testimony of opposing experts, over 15 times. His testimony has typically been a mix of teaching of materials principles, properties and chemistry, physic of vibration energy, interpretation of documents and offering of opinions, based on generally accepted scientific principles. Indeed, his positions have been supported several times by unbiased panels of scientists tasked to examine scientific data on breast implants. His testimony has been effective. A judge in a Federal bench trial referred to Dr. Zeigler as "a gifted expert witness" in her decision. The long-time court bailiff in a state district court trial referred to Dr. Zeigler in post-trial interviews as "a natural teacher."
Making Science Understandable
Dr. Zeigler's long experience in sharing forefront science with lay juries can help in preparing testimony. For example, his Construction Vibration Damage Guide for Homeowners explains the science of vibration damage in over 120 pages of free information, yet has a Flesch-Kincaid readability score of 45 and grade level of 12. Thus, anyone with the equivalent of a high school education can read and understand a complex area of immense importance worldwide.
Straight Talk and Integrity
You can rely on getting honest advice and scientifically sound testimony from Dr. Zeigler. If he can't serve as an expert in your case, either because he isn't an expert in the necessary area or because the scientific data doesn't support your case, he'll tell you! If you need more information to build a stronger case, he'll help you get it. If he has a potential conflict-of-interest in helping you, he'll make you aware of the possible conflict before he becomes an expert for you. If he agrees that he can help with your case within the bounds of accepted science, he will be there, when and where you need him.


About Dr. Zeigler
Dr. John M. Zeigler has an earned Ph.D. in Organic Chemistry from the University of Illinois, a highly-ranked chemistry graduate program, and is a member of the Phi Beta Kappa Society. He is co-editor of an ACS Advances in Chemistry volume on silicon-based polymers and has been a long-time member of the Editorial Advisory Board of the Journal of Inorganic and Organometallic Polymers. He is also the co-recipient of an IR-100 award for the development of polysilane self-developing photoresists. He is the inventor or co-inventor on over 30 U.S. and foreign patents and an author of three books (see one at right). Over a period of more than 14 years, Dr. Zeigler has developed considerable scientific and litigation expertise in construction vibration damage, arising in part from extensive damage done to his home during a road reconstruction project. Some of the lessons learned, plus much more, can be found in his free Construction Vibration Damage Guide for Homeowners.
 
Dr. Zeigler has also worked in vibration damage research, silicon-based polymers silicones (his book shown at right), conductive polymers, receiving several patents in that area, superacid catalysis, polymer photodegradation, and organic chemistry research. A curriculum vitae, listing publications, invited presentations, patents, testimony and other relevant materials is available. He has been involved in litigation support work for 30 years, in addition to scientific consulting and other activities.

See if We Can Help You!
If you're interested in exploring whether we can help in your case, contact us now. Initial consultations are free and confidential, without obligation. You can reach us at drzeigler@silchemy.com or call us at the contact numbers on the home page.

 

Send e-mail to drzeigler@silchemy.com with your questions or comments about this web site.
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Last modified: 01/01/24