Lawyer Monthly Magazine -December 2019 Edition

Expert Witness By Meyer Rosen, Nationally Certified Consulting Chemist/Chemical Engineer 62 WWW.LAWYER-MONTHLY.COM | DEC 2019 About Meyer Rosen, I am a Nationally Certified consulting chemist/chemical engineer and an experienced forensic expert witness for plaintiff/defense attorneys and insurance companies in both Federal and State cases. I provide technical guidance in personal injury, product liability, intellectual property and trade secret matters. My background includes over 35 years of in¬dustrial and fifteen years of academic experience. Areas of expertise include, but are not limited to: fires, explosions, hazardous chemicals, chemical fires, chemical exposure, toxic exposure, chemical burns and cosmetic science. Common cases are typically associated with: household & industrial products, specialty chemicals, cosmetics and hair relaxers. I am also experienced in analysis of industrial accidents, technical aspects of warnings, instruction & labels, OSHA reg¬ulations, and Codes & Standards. My credentials include: Certified Fire & Explosion Investigator (CFEI), Professional Chemist (CPC), & Professional Chemical Engineer (CChE). I am a Fellow of the Royal Society of Chemistry (FRSC) (London); Fellow American Institute of Chemists (FAIC); & Diplomate of the American Board of Forensic Engineering & Technology. I am also Editor-in-Chief of the international cosmetic magazine Eurocosmetics and President of Interactive Consulting, Inc. My CV can be obtained at www.chemicalconsult.com | My e-mail is meyer.rosen@chemicalconsult.com I seek interesting cases; both simple or complex. | You can always call me for a no-charge consult. 1. Products containing ingredients that have toxic properties are often the key to winning your case - as long as they correlate with the client’s injuries. 2. Be wary of products labelled “Professional Use” as this may be for marketing value and laypeople may buy and use them causing issues in the long run. 3. Duty of the product manufacturer and failure of that duty must be demonstrated by your expert relative to technical aspects. The duty relative to regulations is the attorney’s job. Excellent interaction and communication between the parties is essential here. 4. Product liability cases occur when people get hurt. Sometimes it is the responsibility of the manufacturer; and sometimes, it isn’t. Due consideration must be made by your expert to enable an opinion based on, as it is said, “to a reasonable degree of scientific and engineering certainty.” 1. The origin and cause of a fire is not always obvious. Determining each can be the path to winning or losing your case. 2. Sometimes, uncovering a safer alternative can win your case. 3. Many chemicals, including “naturals”, have varying degrees of “toxicity” and impact on the injured party. Dose exposure can be the difference between demonstrating responsibility and lack thereof. 4. The product labels and warnings/instructions must coincide with the claims. 5. Just because a chemical ingredient, or a product formulation has some toxic behavior, under certain circumstances, does not mean it is BAD. Products that work many times require “strong” chemicals. They just need to be handled properly by trained individuals. Common things attorneys ought to be aware of: My top tips when working on a product liability case: