Capabilities
Litigation Support; Expert Witness
- Defense (52%);
Plaintiff (48%)
- Depositions; Jury Trial Testimony
Specialties
- TOXICOLOGY -- Chemicals;
Drugs
A. Rhabdomyolysis
B. Organ toxicity
C. Relevance to cause of death
- CARCINOGENESIS -- Cancer Causation
A. Cancer from
chemicals in the workplace
B. Cancer from
chemicals in the home
C. Cancer from chemicals in the
environment
D. Cancer from
chemicals in baby bottles -- e.g., Bisphenol-A; Phthalates
E. Cancer from
chemicals in FEMA trailers -- e.g., Formaldehyde
- PHARMACOLOGY -- Mechanisms of Drug
Action
- PHARMACY STANDARDS OF CARE
A. Dispensing Errors
B. Drug-Drug Interactions
C. Overdoses
D. Drug Allergies
E. Communication
Examples of Litigation
- Medical Malpractice; Wrongful Death
A. Prescribing errors
B. Overdoses
C. Morphine
Intoxication
D. Drug-Drug Interactions
- Personal Injury
- Product Liability
- Worker's Compensation
- Alcohol, DWI, DUI
- Food Poisoning
- Random Drug Testing
- Acute Respiratory Distress Syndrome (ARDS)
- Pepper spray
- Hot Tub exposure
Over 250 Chemicals of Interest, including:
Benzene
Bisphenol-A (BPA)
Butadiene
Chlorinated solvents
DEHP
1,2-Dichloroethane
cis-1,2-Dichloroethylene
trans-1,2-Dichloroethylene
Diethylhexylphthalate (DEHP)
Formaldehyde
Lead
Methylene chloride
Mineral oil
Perchloroethylene (PERC)
Phthalates
Silica
Terephthalic acid
Toluene
Trichloroethylene (TCE)
Xylene
...and many, many more
Drugs of Interest include:
Alcohol
Botox (e.g., Botulinum neurotoxin
Type A)
Cephalosporin
Cocaine
Cyclosporine A
Demerol
Keflex
Librium
Lithium
Mellaril
Methadone
Mineral Oil
Morphine
Penicillin
Prilosec
Progesterone
Prozac (fluoxetine)
Soma
Viagra
Xanax (alprazolam)
Zyprexa (olanzapine)
...and many, many more
Experience
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Provided Expert Witness deposition and jury trial testimony and litigation support for Defense and Plaintiff since 1998.
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Over 35 years experience in toxicology, carcinogenesis, pharmacology, and pharmacy standards of care at the US National Cancer Institute (NCI) of the National Institutes of Health (NIH), the US Environmental Protection Agency (EPA), the US Public Health Service (PHS), and as a consulting toxicologist. (see Resume)
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Toxicologist & Pharmacologist (Ph.D.)
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Pharmacist (B.S., M.S.) -- first pharmacist at the White Earth Indian Health Center in Minnesota
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Licensed to practice pharmacy (now retired) in MD and NY for nearly 35 years
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Past President ('05-'06) of the National Capital Area Chapter of the Society of Toxicology
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Expert in Toxicology, Carcinogenesis (e.g., Cancer Causation), Pharmacology, and Pharmacy Standards of Care -- published 5 books, over 70 scientific papers and abstracts and wrote, reviewed or evaluated numerous governmental reports.
Example of Past Cases
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Chemical Exposure
A. Bisphenol-A (BPA) and Phthalates
-Expert Witness for the Plaintiff in a jury trial in Huntsville, AL in which bladder cancer allegedly was caused by exposure to terephthalic acid, benzene, and butadiene in the workplace.
-Expert assistance for the Defense in a case that alleged that cancer was caused by exposure in the workplace to bisphenol A diglycidyl ether (BADGE), bisphenol-A (BPA) and epichlorohydrin.
B. Benzene
-Expert Witness for the Defense in a jury trial in Hagerstown, MD involving alleged health effects from an accidental release into the home of heating oil #2 ("light" fuel oil) that presumably contained benzene as an impurity.
-Expert Witness for the Plaintiff in a jury trial in Huntsville, AL in which bladder cancer allegedly was caused by exposure to terephthalic acid, benzene, and butadiene in the workplace.
-Expert assistance for the Defense in a case that alleged that acute myelogenous leukemia (AML) was caused by benzene impurity in cleaning products used by the custodial staff at a high school.
-Expert assistance for the Defense in a case that alleged that leukemia, non-Hodgkins lymphoma and multiple myeloma were caused by exposure to benzene and perchloroethylene (PERC) .
-Expert assistance for the Plaintiff on the likelihood that squamous cell carcinoma was caused by exposure in the workplace to alkyl-substituted benzene chemicals.
C. Formaldehyde
-Expert assistance for the Plaintiff in cases involving health effects allegedly caused by exposure to formaldehyde in trailers provided by FEMA in the aftermath of hurricane Katrina.
D. Lead
-Expert assistance for the Defense in a case that alleged that exposure to lead in the home was the cause of a child's learning disabilities and aggressive behavior.
- Expert assistance for the Plaintiff in a case in Australia that involved developmental and behavioral changes in a four-year old child from lead exposure both inside and outside the home.
E. Trichloroethylene (TCE), Perchloroethylene (PCE) and Other Chlorinated Solvents
-Expert assistance for the Plaintiff in a case that alleged that liver cancer was caused by exposure to tetrachloroethylene (PERC), trichloroethylene (TCE), cis-1,2-dichloroethane, trans-1,2-dichloroethane and 1,2 dichloroethane in the drinking water.
-Expert assistance for the Defense in a case that alleged that several types of cancers were caused by exposure in the workplace to trichloroethylene (TCE) and Freon.
-Expert assistance for the Defense in a case that alleged that leukemia, non-Hodgkins lymphoma and multiple myeloma were caused by exposure in the workplace to products containing various chemicals including perchloroethylene (PERC) and benzene.
-Expert assistance for the Defense in a case that alleged health effects in residents of homes built in a development whose groundwater had been contaminated by trichloroethylene (TCE).
-Expert assistance for the Defense in a case that alleged that lethality among fish-eating birds was caused by contamination of Lake Apopka, FL by chlorinated solvents.
-Expert assistance for the Plaintiff on the likelihood that breast cancer was caused by exposure to excessive amounts of trihalomethanes in the drinking water.
F. Chemicals in the Home
-Expert Witness for the Defense in a jury trial in St. Louis, MO in which cancer allegedly was caused by exposure to sewer gas in the home.
-Expert Witness for the Defense in a jury trial in Hagerstown, MD in which accidental release into the home of heating oil #2 ("light" fuel oil) that presumably contained benzene as an impurity was alleged to have caused or to potentially cause health effects.
-Expert assistance for the Plaintiff in a case that alleged that exposure to the termiticide chlorpyrifos, the active ingredient of Dursban TC, applied in the home, caused various neurological, dermatological and respiratory symptoms.
-Expert assistance for the Defense in a case that alleged that exposure to lead in the home was the cause of a child's learning disabilities and aggressive behavior.
-Expert assistance for the Defense in a case that alleged health effects in residents of homes built in a development whose groundwater had been contaminated by trichloroethylene.
G. Chemicals at Work
-Expert Witness for the Plaintiff in a jury trial in Huntsville, AL in which urinary bladder cancer allegedly was caused by exposure to terephthalic acid, benzene and butadiene in the workplace.
-Expert assistance for the Plaintiff on whether skin cancer was caused by exposure to potential carcinogens in the workplace.
-Expert assistance for the Plaintiff in a case that alleged that multiple myeloma was caused by exposure in the workplace to one or more of 25 industrial chemicals.
-Expert assistance for the Defense in a case that alleged that cancer was caused by exposure in the workplace to bisphenol A diglycidyl ether (BADGE), bisphenol-A (BPA) and epichlorohydrin.
-Expert assistance for the Defense in a case in which it was alleged that leukemia, non-Hodgkins lymphoma and multiple myeloma were caused by exposure to perchloroethylene (PERC) and benzene in the workplace.
-Expert assistance for the Defense in a case that alleged that exposure in the workplace to a product containing highly-refined mineral oil caused high-grade acute lymphoblastic lymphoma.
-Expert assistance for the Plaintiff in a case involving exposure in the workplace to paints and alleged health effects including cancer.
H. Chemicals in Hot Tubs
-Expert assistance for the Plaintiff in a case in which an ear infection allegedly was caused by immersion in a hot tub at a health and fitness club.
Expert assistance for the Plaintiff in a personal injury case involving respiratory and dermatological effects allegedly caused by immersion in a hot tub at a spa in a major resort hotel in CO.
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Medical Malpractice and Wrongful Death
A. Morphine, Cocaine and Other Opioids
-Expert Witness for the Defense in a wrongful death case allegedly caused by an overdose of morphine. The case was settled.
-Expert Witness for the Defense in a case that alleged that death was caused by methadone, alprazolam (e.g., Xanax) and bupropion prescribed for a Worker's Compensation-related injury. Illegal use of cocaine was a confounding factor. The case was dismissed.
-Expert assistance for the Defense in a case in which an employee was fired after testing positive for cocaine in a random drug test. The case was settled.
-Expert assistance for the Plaintiff in a medical malpractice/wrongful death case involving Demerol and Xanax.
-Expert assistance for the Defense in a medical malpractice case involving alleged prescribing of multiple drugs including various opioids, other pain medication and anti-anxiety medications. The case was settled.
-Expert assistance for the Defense in a medical malpractice/wrongful death case involving issues of polypharmacy that included treatment with opioids, analgesics, antidepressants, and other medications. The case was settled.
-Expert assistance for the Defense in a case of a bus operator whose blood was positive for cocaine metabolites and who had struck a pedestrian.
-Expert assistance for the Plaintiff in a case that alleged that death of an elderly patient in a hospital was caused by morphine.
B. Lithium
-Expert Witness for the Plaintiff in a medical malpractice/wrongful death case involving co-prescribing of Diuril, a thiazide diuretic, and lithium.
-Expert assistance for the Defense in a medical malpractice case involving an overdose of lithium and the onset of Adult Respiratory Distress Syndrome (ARDS).
C. Other Drugs or Medical Products
-Expert Witness for the Plaintiff in a case that alleged that the growth of a brain tumor was accelerated by prometrium and progesterone-containing oral contraceptive pills. The case was settled.
-Expert Witness for the Defense in a case that alleged that death was caused by methadone, alprazolam (e.g., Xanax) and bupropion prescribed for a Worker's Compensation-related injury. Illegal use of cocaine was a confounding factor. The case was dismissed.
-Expert Witness for the Defense in jury trial in Houston, TX involving a doctor who treated her patients with an unapproved "Botox-like" product.
- Expert Witness for the Plaintiff in a medical malpractice case involving alleged irrigation of a wound with Hibiclens.
- Expert Witness for the Defense in a medical malpractice case against a major hospital that involved Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis (TEN) allegedly caused by Ciprofloxacin in a patient who claimed to be allergic to Levaquin. Treatment with Dilantin was a confounding factor.
-Expert assistance for the Plaintiff in a medical malpractice case involving hypokalemia and treatment with various drugs that cause elongation of the cardiac QT interval. The case was settled.
-Expert assistance for the Defense in a medical malpractice case in which polypharmacy allegedly was implicated. The case was settled.
-Expert assistance for the Plaintiff in a medical malpractice/wrongful death case involving Demerol and Xanax.
-Expert assistance for the Defense in a wrongful death case allegedly caused by an overdose of idarubicin.
-Expert assistance for the Plaintiff in a medical malpractice case involving an overdose of Zyprexa.
-Expert assistance for the Defense in a medical malpractice case that alleged that a nurse practitioner was libel in a death caused by Keflex dispensed to a person who was allergic to penicillin. The case was settled.
-Expert assistance for the Plaintiff in a medical malpractice case that alleged that treatment with prilosec caused or contributed to the onset of colon cancer.
-Expert assistance for the Plaintiff in a case involving alleged intake of a date-rape drug.
-Expert assistance for the Defense in a rape case in which viagra (e.g., sildenafil) was implicated.
- Expert assistance for the Plaintiff in a case involving permanent blindness allegedly caused by Cyclosporine A.
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Pharmacy Standards of Care
-Expert Witness for the Defense in a case in Baltimore, MD that alleged that a pharmacist was libel in a death caused by Keflex dispensed to a person who was allergic to penicillin. The case was dismissed.
-Expert Witness for the Plaintiff in a case in Washington, DC that alleged that a pharmacist did not adhere to appropriate standards of care by providing early refills of Librium without authorization from the doctor. The case was settled.
-Expert Witness for the Plaintiff in a case that alleged that a pharmacist dispensed Phenobarbital instead of the prescribed Xanax.
- Expert Witness for the Defense in a case in which it was alleged that a pharmacist at a major hospital was libel for dispensing Ciprofloxacin to a patient who was allergic to Levaquin.
-Expert assistance for the Defense in a case that alleged that a pharmacist did not follow recommended standards of care by simultaneously dispensing Prozac and Mellaril.
-Expert assistance for the Defense in a case involving an error in drug dispensation at a pharmacy.
-Expert assistance for the Plaintiff in a case involving erroneous dispensing of Podofilox instead of Iodoflex to an 82-year-old woman.
-Expert assistance for the Defense in a wrongful death case in New York involving issues of pharmacy standard of care and dispensing of Dilaudid, a narcotic medication.
-Expert assistance for the Defense in a case that alleged that a pharmacist did not follow recommended standards of care by dispensing higher than usual dosages of Dilantin.
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Personal Injury
-Expert assistance for the Plaintiff in a case involving alleged health effects from exposure to formaldehyde in trailers provided by FEMA following the aftermath of hurricane Katrina.
-Expert assistance for the Defense in a case that alleged that exposure to lead was the cause of a child's learning disabilities and aggressive behavior.
-Expert assistance for the Plaintiff in a case against a major university and a female student who alleged alcohol intoxication, sexual assault, and a violation of the University's Code of Conduct.
-Expert assistance for the Defense in a case involving use of pepper spray by a security guard. The case was settled.
-Expert assistance for the Plaintiff in a case that alleged that exacerbation of symptoms of Multiple Sclerosis (MS) was caused by exposure to aerosol cleaning products at a health and fitness club.
-Expert assistance for the Plaintiff in a case that alleged that consumption of an Energy Supplement drink contributed to a death resulting from an automobile collision with a deer.
-Expert assistance for the Plaintiff in a case involving alleged administration of date rape drugs at a bar.
- Expert assistance for the Plaintiff in a case involving permanent blindness allegedly caused by Cyclosporine A.
-Expert assistance for the Plaintiff in a case in which an ear infection allegedly was caused by immersion in a hot tub at a health and fitness club.
Expert assistance for the Plaintiff in a personal injury case involving respiratory and dermatological effects allegedly caused by immersion in a hot tub at a spa in a major resort hotel in CO.
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Food Poisoning
-Expert Witness for the Plaintiff in a case that alleged that symptoms of gastroenteritis were the result of food poisoning caused by eating tuna fish salad prepared at a local grocery. The case was settled.
-Expert assistance for the Plaintiff in a case that alleged that symptoms of gastroenteritis were the result of food poisoning caused by eating a turkey leg purchased at a local restaurant. The case was settled.
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Alcohol, DUI and DWI
-Expert Witness for the Plaintiff in a case that alleged that a pharmacist did not follow recommended standards of care when refilling prescriptions for Librium to a person suffering from alcoholism. The case was settled.
-Expert Witness for the Defense in a Driving While Intoxicated (DWI) case in Virginia.
-Expert assistance for the Plaintiff in a case against a major university and a female student in which alcohol intoxication, sexual assault and a violation of the university's Code of Conduct was alleged. The case was settled.
-Expert assistance for the Plaintiff in a case in which alcohol may have been involved in a death.
-Expert assistance for the Defense in a Driving While Intoxicated (DWI) case in Maryland.
-Expert assistance for the Defense in a Driving Under the Influence (DUI) case in Virginia involving the use of Xanax, a prescription medication. The case was settled.
-Expert assistance for the Defense in a violation of probation case involving a requirement for total abstinence from alcohol.
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Product Liability
-Expert assistance for the Defense in a case that alleged that cancer of the tonsils was caused by exposure to a product containing silica, talc and ethylene glycol monopropyl ether.
-Expert assistance for the Plaintiff in a case that alleged that consumption of an Energy Supplement drink contributed to a death resulting from an automobile collision with a deer.
-Expert assistance for the Defense in a case in which lymphoblastic lymphoma allegedly was caused by exposure to a product containing highly-refined mineral oil.
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Worker's Compensation
-Expert Witness for the Defense in a case that alleged that death was caused by methadone, alprazolam (e.g., Xanax) and bupropion prescribed for a Worker's Compensation-related injury. Illegal use of cocaine was a confounding factor. The case was dismissed.
-Expert assistance for the Defense in a case in which an employee was fired after testing positive for cocaine in a random drug test. The case was settled.
-Expert assistance for the Defense in a case that alleged that lung cancer was caused by exposure to one or more of over 150 chemicals in the workplace.
-Expert assistance for the Defense in a case that alleged that skin erythema, hand swelling and hand pain was caused by an accidental spill of F18 radioactive material.
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Criminal Cases
-Expert Witness for the Defense in a jury trial in Houston, TX involving a doctor who treated her patients with an unapproved "Botox-like" product. The first trial ended in a mistrial; the second trial ended in conviction.
-Expert assistance for the Defense in a rape case in which viagra was implicated.
Testimonials
- “I just wanted to let you know that we
got a verdict on Friday afternoon, which we were very happy with.
We feel that your testimony was
very effective. Your
presentation of the comparisons worked well for an unsophisticated jury. The jury clearly did not believe that there was any ill health effect
related to benzene because their award of non-economic damages was only
enough to compensate the Plaintiffs for their time, inconvenience, stress,
medical suffering, and their fear related to future medical problems.
All in all, it was a very good result.
We appreciate your hard work on the case, and it was a pleasure
working with you.”
Miller, Oliver, Baker, Moylan & Stone
- “Our criminal (Defense) case ended up in a mistrial
with one lone juror holding out for an acquittal.
We really appreciate the valuable assistance you provided.
Your testimony was very useful and referenced several times in
closing argument.”
Berg & Androphy
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"The solicitor received your report and all the documents that you sent me. They were very satisfied with your report and scientific facts. Thank you so much."
A. Koufos
Darwin, Australia
- “I appreciate your help in this case.
I thought the deposition went very well.
The opposing counsel told me privately that he thought you did a good
job in the deposition as well. His
settlement demand has dramatically dropped.
Once you got the relevant documents, our defense was in good
hands.”..."Just wanted to let you know that I found out today that we
won our case! We got the Decision in the mail and the Fatal Claim
petition was denied. This was the biggest case in my career so far and
I am thrilled about the outcome. Thank you so much for your help with
this case. You were a tremendous help to me."
Wolf, Rubinate & Hasson
- “This Workers’ Compensation Judge finds
that Dr. Milman is a highly qualified and experienced toxicologist.
He has a special expertise in this area, as opposed to the
Claimant’s expert. His
opinion that the Decedent’s death was caused by his chronic use of Cocaine
is accepted as fact.”
Final Decision and Order of the Honorable Judge, Philadelphia District Office
- "I
just wanted to let you know that we settled the case this morning.
Your professional assistance was the main reason we were able to do so, and
I thank you sincerely. We will certainly be using you in the future
and I will refer you to anyone who could benefit from your
services.”
Rundlett Law Firm, PLLC
- “Out
of the blue, the case just settled. There were not even preliminary
discussions until today. Friday's
hearing and the deposition must have gotten them to finally take us seriously. Thanks for all your support.”
Eisenhower, Laufer, & Tarby, P.C.
- “I
just settled the case. Your assistance has been invaluable throughout
this case! I have enjoyed
working with you. You can use me as a reference anytime. I am totally
satisfied.”
U.S. Department of Justice
- "The case has settled
and your professional assistance was one of the main components of the
successful outcome. We thank you sincerely.
We will certainly welcome the occasion to work with you in the future
and look forward to referring anyone who could benefit from your services.
Thanks again for all your help!”
Harper Gerlach LLC
- “Your work is wonderfully thorough. Thank
you.”
Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, s.c.
- “It
was a pleasure working with you!”
King, Kitrick, Jackson & Troncone, LLC
- “I
am very happy to say that the cases have been resolved and will not be going
to trial. We sincerely
appreciated your assistance.”
Sands Anderson Marks & Miller, P.C.
- “Thanks so much for all your help. If I
ever find myself or a friend in a bad situation like this (e.g., DUI), I
will definitely contact you.”
S. McCormick
- “Thank you for your professionalism throughout the course of this
matter. I will certainly keep
you in mind should we require your expertise in the future.”
Hertz, Schram & Saretsky
Contact:
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Revised January 2008