The Benefits of Using the “Team Approach” When Assessing Emotional Damages in Mass Tort Litigation 

By Dr. Mark I. Levy, MD, DLFAPA fpamed Forensic Psychiatrist Catastrophic events, or other situations such as toxic torts and product liability claims, often lead to litigation where a large number of claimants report severe emotional damages. While multi-plaintiff litigation requires an expert to contrast and compare vulnerabilities and resiliency factors within members of the […]

Six Tips for Making the Best Use of an Emotional Damages Expert

by Tyler Durns, MD fpamed Forensic Psychiatrist First, one must understand what emotional damages claims entail. Such declarations might be founded in a variety of outcomes and antecedents. Emotional damage claims may result from duress relating to routine employment, workplace discrimination and harassment, emotional harm from defamation and libel, intentional or negligent infliction of emotional […]

The Importance of Psychological Testing Evaluations of Emotional Distress Claims in Employment Litigation

by Sarah Hall, PhD fpamed forensic neuropsychologist, Sarah Hall, PhD, explains in this comprehensive article the important role of psychological testing when conducting forensic psychiatric assessments of plaintiffs who allege emotional distress in litigation. All testing in medicine, including blood tests, imaging studies and psychological testing, merely answers a membership question: based upon the examinee’s […]

Asiana Airline Crash at SFO & Recovery of Emotional Damages Under Montreal Convention

The Montreal Convention, the successor international treaty to the Warsaw Convention, governs damages claims from injury on international carrier flights. Passengers who suffer severe emotional distress from an aircraft disaster cannot claim damages consisting of emotional injury alone – the psychological injury must “flow through” a physical injury. Ironically, relatives or the estate of a […]

Doyle v. Caldwell (California Sixth Appellate Court)

Doyle v Caldwell Balancing the discovery rights of the Defendant against the privacy rights of the Plaintiff, California’s Sixth Appellate Court ruled, in an employment law suit, that the Defendant, Caldwell, could not compel the Plaintiff, Cindy Doyle, to undergo a forensic psychiatric independent medical examination (even thought she put her mental status at issue) […]

Assessing Emotional Damages in Multi-Plaintiff Litigation

Assessing Emotional Damages