Dr. Shoemaker’s use of Procrit to treat mold disorders violates major precautions and warnings which are present to prevent harm to patients. He has prescribed Procrit in non-anemic patients and continues to prescribe it long after their hematocrit and hemoglobin levels move into danger zones. He neither monitors the patient at required intervals, nor modifies the drug use in accordance with measured parameters. [More]

This issue continues to confuse the courts and counsel as a recent article indicates. "Differential Diagnosis - The Unknown Matters: Admissibility of Differential Diagnosis Opinions in the Context of Idiopathic Conditions" discusses decisions in which "idiopathic" has been considered a proper endpoint for a differential diagnosis. That is flat out wrong since "idiopathic" has nothing whatsoever to do with a diagnosis or with differential diagnosis. [More]

Clinical Methodology is the Differential Diagnostic process. This leads to a determination of the Actual Medical Condition which is producing the patient’s physical complaints. Causation Methodology is an entirely separate entity which asks: “What led to this condition?” Attorneys, defense and plaintiff, and the Courts, need to understand this critical distinction. [More]

Despite popular statements to contrary, a toxicological principle and continued scientific reality, is that the dose makes the poison. [More]

ICTM has found that many attorneys and judges experience difficulty distinguishing expert opinions which are speculative from those which are solidly-founded in scientific fact. Often times, conjecture is accepted as readily as fact-based opinion because it came from an "expert." [More]

How experts misuse scientific literature A critical element of Daubert, specifically stated, is that scientific literature used by experts to support their opinions must be relevant (or, fit) the situation extant in the case. Frequently, experts provide such “support” with long biblio... [More]

The next time you are told that lead was responsible for decreased intelligence and/or bad behavior in a child, you will know that there is no possible way that an expert can extrapolate from the literature to the child about whom he/she is testifying. Further discussion of this is available by contacting me. [More]

Attorneys have recently attempted to confuse medical/scientific witnesses by asserting that legal certainty is less rigorous than scientific certainty, therefore, implying that courts do not require meeting a scientific certainty burden. [More]

Claims of Lead toxicity in a child producing cognitive disorders, behavioral problems, delinquency, ADHD, etc. all suffer from the same misuse of data. They take studies of large populations which have controlled for numerous variables - maternal IQ, home life, socioeconomic status, birth-associated abnormalities and many others and only then can lead effects by teased out. In fact, absent such controls, lead effects cannot be found in most of those studies. [More]

What patients say and what their doctors do and do not know How often do we get common symptoms and common disorders? In a lawsuit, an association between a set of symptoms and the alleged exposed is often central to the claim. A mother may say, “My child has been sick with cough, runn... [More]