The need

Attorneys representing consumers in a class action lawsuit against a manufacturer of children’s products and a retailer that sold them needed a mold expert to make their case. The lawsuit stemmed from the manufacturer’s voluntary recall of a childcare product that developed a type of mold known to cause health issues in children. This recall came after hundreds of customers complained about the mold developing on the product after using it. Two plaintiffs had to hospitalize their infant with a health issue related to mold after using the product for months.

Our approach

From the details of the case and our conversations with attorneys, we understood that they needed an expert that could opine on how the design of the product in question could result in the development of mold. Also, they needed an expert that could speak to how exposure to the mold on the product could potentially affect infants. If possible, it would be ideal to find one expert that could credibly speak to both aspects of the case.

The expert

We found an expert with a PhD and MS in Environmental Science and Engineering as well as a BA in Mechanical Engineering. He had a 40-year career which spanned roles as an environmental engineer, research scientist and toxicologist. For over 20 years he had his own consulting business in which he evaluated the health effects of exposure to microbial agents such as mold and evaluated the safety of consumer products. Additionally, he was a seasoned expert witness and had provided many depositions and acted as a testifying witness several times.