Capabilities
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Litigation Support; Expert Witness
- Defense (52%); Plaintiff (48%)
- Depositions; Jury Trial Testimony
- Federal and State Courts
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VA Disability Claims
- Agent Orange (e.g., 2,3,7,8-TCDD)
- Chemical exposures at Camp Lejeune -- benzene, trichloroethylene, perchloroethylene
- Other chemical exposures
- Drug and chemical toxicity
- Chemical causes of cancer
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Specialties
- TOXICOLOGY -- Chemicals; Drugs
A. Acute Respiratory Distress Syndrome (ARDS)
B. Rhabdomyolysis
C. Stevens Johnson Syndrome/Toxic Epidermal Necrolysis (TEN)
D. Organ toxicity
E. Relevance to cause of death
F. Developmental effects from chemicals in plastics -- Bisphenol-A (BPA)
G. Sepsis
- 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 plastics -- Phthalates (DEHP)
E. Cancer from chemicals in FEMA trailers -- Formaldehyde
- PHARMACOLOGY -- Mechanisms of Drug Action
A. Drug therapy
B. Drug-Drug Interactions
C. Dose-response
D. Absorption, Distribution, Elimination
- PHARMACY STANDARDS OF CARE
A. Dispensing Errors
B. Drug-Drug Interactions
C. Overdoses
D. Drug Allergies
E. Communication
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Chemicals of Interest
Benzene Lead
Bisphenol-A (BPA) Methylene chloride
Butadiene Mineral oil
Chlorinated solvents Perchloroethylene (PERC)
DEHP Phthalates
1,2-Dichloroethane Silica
cis-1,2-Dichloroethylene Terephthalic acid
trans-1,2-Dichloroethylene Toluene
Diethylhexylphthalate (DEHP) Trichloroethylene (TCE)
Formaldehyde Xylene
Gadolinium
...and many more
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Drugs of Interest
Alcohol Methadone
Botox (e.g., Botulinum neurotoxin Type A) Mineral Oil
Cephalosporin Morphine
Cipro NuvaRing
Cocaine Penicillin
Cyclosporine A Phenylpropanolamine (PPA)
Demerol (meperidine) Prilosec
Dylantin Progesterone
Gadolinium Proscar (finasteride)
Keflex Prozac (fluoxetine)
Levaquin Soma
Librium Viagra
Lithium Xanax (alprazolam)
Mellaril Zicam (e.g., zinc gluconate)
Zyprexa (olanzapine)
...and many more
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Drug Delivery Devices of Interest
Gadolinium Contrast Medium
Medtronic Pain Pump
NuvaRing
Zicam Nasal Gel
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Other
Caffeinated, alcoholic energy drink
Example of Past Cases
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Chemical Exposure
A. 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 Witness for the Plaintiff in a case that alleged that a car painter's acute myelogenous leukemia (AML) was caused by exposure in the workplace to benzene present in paint and paint products.
-Expert assistance for the Defense in a case that alleged that acute myelogenous leukemia (AML) was caused by benzene present as an 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.
-Expert assistance for the Plaintiff in a case involving alleged lack of full disclosure at the time of purchase of the presence of chemicals (e.g., benzene, chromium, lead, etc.) in soil and groundwater at a site of a newly constructed condominium.
B. Trichloroethylene (TCE), Perchloroethylene (PCE) and Other Chlorinated Solvents
-Expert assistance for the Plaintiff in a case that alleged the renal cell cancer was caused by exposure to trichloroethylene (TCE) and toluene in the workplace.
-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.
C. 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 Darwin, Australia that involved developmental and behavioral changes in a four-year old child allegedly caused by exposure to lead inside and outside of the home.
D. Formaldehyde
-Expert Witness for the Plaintiff in a class action suit involving health effects allegedly caused by exposure to formaldehyde in trailers supplied by FEMA in the aftermath of hurricane Katrina and hurricane Rita.
E. 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.
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 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 Defense in a case that alleged health effects from accidental exposure in the workplace to sulfur dioxide.
-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 Plaintiff on whether skin cancer was caused by exposure to potential carcinogens in the workplace.
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Medical Malpractice and Wrongful Death
A. Morphine, Cocaine and Other Opioids
-Expert Witness for the Plaintiff in a case against a life insurance company for non-payment of death benefits because of alleged non-disclosure of use of prescription opioids for chronic non-cancer pain.
-Expert Witness for the Plaintiff in a case that alleged that morphine caused or contributed to the death of a hospital patient suffering from sepsis.
-Expert Witness for the Defense in a wrongful death case allegedly caused by an overdose of morphine.
-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.
-Expert Witness for the Plaintiff in a medical malpractice/wrongful death case allegedly caused by morphine (Avinza), Compazine and Tequin.
-Expert assistance for the Defense in a case in which it was alleged that a patient who had consumed cocaine and who had died had not been properly treated by the medical personnel at a drug and rehabilitation center.
-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 medical malpractice/wrongful death case involving Demerol and Xanax.
-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.
-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 hydrochlorthiazide 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).
-Expert assistance for the Plaintiff in a medical malpractice/wrongful death case allegedly caused by Haldol and an overdose of lithium.
C. Hormones
-Expert Witness for the Plaintiff in a case that alleged that growth of a brain tumor was accelerated by prometrium and progesterone-containing oral contraceptive pills.
-Expert assistance for the Plaintiff in a case that alleged that breast cancer was caused by use of estrogen replacement therapy.
D. Botox
-Expert Witness for the Defense in cases involving dermatologists who allegedly treated their patients with an unapproved "Botox-like" product (e.g., "TRI-product").
E. Drug Delivery Devices
1. Gadolinium Contrast Medium
-Expert assistance for the Plaintiff in a product liability/personal injury case involving treatment with gadolinium, a magnetic resonance imaging (MRI) contrast material.
2. Medtronic Pain Pump
-Expert Witness for the Plaintiff in a product liability/personal injury/wrongful death case involving an overdose of hydromorphone allegedly caused by Medtronic Synchromed Infusion System.
3. NuvaRing
-Expert assistance for the Plaintiff in a product liability/personal injury case.
4. Zicam Nasal Gel
-Expert Witness for the Plaintiff in a product liability/personal injury case involving anosmia allegedly caused by Zicam (e.g., zinc gluconate) nasal gel.
F. Other Drugs and Medical Products
-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 Cipro in a patient who claimed to be allergic to Levaquin. Treatment with Dilantin was a confounding factor.
-Expert Witness for the Plaintiff in a case involving permanent blindness allegedly caused by Cyclosporine A.
-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.
-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.
-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 that alleged health effects caused by Flomax.
-Expert assistance for the Plaintiff in a personal injury case allegedly caused by cancer chemotherapy drugs.
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Pharmacy Standards of Care
A. Dispensing Errors
-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.
-Expert Witness for the Plaintiff in a case that alleged that a pharmacist wrongly dispensed Phenobarbital instead of the prescribed Xanax.
- Expert assistance for the Plaintiff in a case that alleged that muscle weakness and muscle pain was caused by wrongly dispensed Dexamethasone instead of the prescribed Doxazocin.
-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 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 recommended dosages of Dilantin.
-Expert assistance for the Plaintiff in a case involving dispensing of an overdose of Vancomycin.
B. Labeling or Failure to Warn
-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.
-Expert Witness for the Plaintiff in a case that alleged that growth of a brain tumor was accelerated by prometrium and progesterone-containing oral contraceptive pills.
-Expert Witness for the Defense in a case in which it was alleged that a pharmacist at a major hospital did not follow recommended standard of care when he dispensed Cipro to a patient who allegedly was allergic to Levaquin.
-Expert Witness for the Plaintiff in a case involving permanent blindness allegedly caused by Cyclosporine A.
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Personal Injury
A. Hot Tubs
-Expert assistance for the Plaintiff in a personal injury case involving respiratory and dermatological effects allegedly caused by excessive chlorine in a hot tub at a spa in a major resort in CO.
-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.
B. Pepper Spray and Other Chemicals
-Expert assistance for the Defense in a case involving use of pepper spray by a security guard.
-Expert assistance for the Defense in a personal injury case allegedly caused by a sip of cleaning fluid instead of ice tea.
C. Date Rape and Erectile Dysfunction Drugs
-Expert assistance for the Plaintiff in a case involving alleged administration of date rape drugs at a bar.
-Expert assistance for the Defense in a rape case in which viagra (e.g., sildenafil) was implicated.
D. Health Clubs; Energy Drinks
-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 a non-alcoholic Energy Supplement drink contributed to a death resulting from an automobile collision with a deer.
-Expert assistance for the Defense in a case involving homicide and consumption of an alcoholic energy drink.
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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.
-Expert Witness for the Plaintiff in a case of Campylobacter infection allegedly caused by food eaten at a major hotel in FL.
-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.
-Expert assistance for the Plaintiff in a food poisoning case allegedly caused by bacterial contamination at a Chinese Restaurant.
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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.
-Expert assistance for the Defense in a case in which an employee was fired after testing positive for cocaine in a random drug test.
-Expert assistance for the Defense in a case that alleged that skin erythema, hand swelling and hand pain were caused by an accidental spill of F18 radioactive material.
-Expert assistance for the Defense in a case that alleged health effects from accidental exposure in the workplace to sulfur dioxide.
-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.
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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.
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Criminal Cases
-Expert Witness for the Defense in two cases involving dermatologists who allegedly treated their patients with an unapproved "Botox-like" product (e.g., "TRI-product").
-Expert Witness for the Defense in an aggravated assault case involving alcohol.
-Expert assistance for the Defense in a rape case in which viagra was implicated.
-Expert Witness for the Defense in a sentencing hearing involving juvenile homicide and the use of a caffeinated, alcoholic energy drink.
-Expert assistance for the Defense in a vehicular homicide case in which alcohol allegedly was a factor.
-Expert assistance for the Defense in a handgun possession case involving alcohol, opioids and canabinoids.
-Expert assistance for the Defense in a case involving alleged aggravated assault, homicide and alcohol.
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Veterinary Cases
-Expert assistance for the Defense in a case involving alleged doping of a racehorse with Ephedrine.
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International Cases
-Expert assistance for the Plaintiff in a case in Darwin, Australia that involved developmental and behavioral changes in a four-year old child allegedly caused by exposure to lead inside and outside of the home.
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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.
-Expert Witness and/or assistance for the Defense in Driving While Intoxicated (DWI) cases in Maryland and Virginia.
-Expert assistance for the Defense in a Driving Under the Influence (DUI) case in Virginia involving the use of Xanax, a prescription medication.
-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.
-Expert assistance for the Defense in a violation of probation case involving a requirement for total abstinence from alcohol.
Testimonials
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“This is to confirm that the government has signed an agreement to dismiss the indictment against our client and the judge made an order today that should bring the case to completion shortly. It is a great result and we are thrilled. Thank you so much for your work on this case. It was a pleasure working with you and your analysis helped us to secure such a fantastic outcome.”
Law Offices of Mark J. Werksman
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“I thought you did really well at trial. I thought you presented really well and your demeanor was very good. You kept it simple, which is always nice, and were easy to understand. You appeared neutral, which is especially important for an expert. You gave your opinion and did not appear to take sides, which is the mark of a great expert. I especially thought you did a great job on cross-examination. You were able to further explain your opinion and I think the jury readily observed that you provided a conservative estimate of the number of beers consumed to reach the blood alcohol level that was measured. All in all, I thought your testimony went really well.”
Office of the Public Defender, Annapolis, MD
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“Thanks for your hard work in this case and your deposition. I must say I am pleased with your important contributions to this case and hope that if there is a trial we will have the opportunity to work with you.”
Law Offices of Anne H.S. Fraser, P.C.
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“You were a wonderful resource and always available throughout this extremely demanding case. Although we retained numerous experts for our case, the ideas and suggestions you proposed were some of the most creative and helpful we heard. You truly made this challenging case somehow seem like a breeze. Thank you for all of your help."
Rawls & McNelis, P.C.
- “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
(approximately 20% of the award) 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.
Between your qualifications and your ability to communicate to a jury, you
are an unusually effective expert witness. 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
- “Thank
you so very much for your candor, and your very thoughtful reply. It
is very heartening to find experts of your obvious integrity.”
B.L. Clark, Attorney at Law
- "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
- “Fortunately,
the prosecutor has agreed to plea Mr. Lee’s DUI to reckless based on his
review of your report. Accordingly, your services at trial will not be
necessary. Thank you again for your assistance in this case.”
The Kim Law Group, P.C.
- “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