The need

Attorneys defending a medical device manufacturer against a patent infringement suit brought by a multinational medical technology company needed an expert in aseptic technique to make their case. The patents-in-suit dealt with an air filtration system and head gear for use by surgical personnel. Given that, the expert would need to be extremely knowledgeable of aseptic technique used by surgical personnel in the operating room specifically as it relates to gowning protocols. Ideally the expert would be a nurse manager or scrub nurse that is familiar with the Association of perioperative Registered Nurses (AORN) sterile guidelines and hospital gowning procedures with hands-on experience using surgical head gear worn during orthopedic procedures.

Our approach

From conversation with the clients, we understood that prior deposition and trial experience, was strongly preferred. Additionally, expert reports were due in a matter of weeks, so we quickly went to work to find the best fit.

The expert

We found an expert who was a Registered Nurse, Certified Nurse Operating Room, and Certified Legal Nurse Consultant and had been a circulating and scrubbing surgical operating room nurse for 30 years. She was also an Adjunct Assistant Professor and Clinical Instructor of Perioperative Nursing and Medical Surgical. A member of AORN, she had expertise in operating room sterile technique, gowning and AORN guidelines. Additionally, she had experience assisting surgical personnel with the head gear and gown assemblies used for orthopedic procedures. Finally, she had extensive experience as an expert witness and had been deposed 175 times and had testified at trial 30 times.