ThemeVision LLC - Trial Consultants
 
       
 
 
         
     
   

  Toxic Tort

   Representative Experience

ThemeVision's trial consultants routinely assist corporations and their outside counsel with the defense of cases involving alleged toxic exposures. The challenges of such litigation often revolve around causation issues and the presentation of complex toxicological and epidemiological evidence to a judge or jury. Therefore, one of ThemeVision's points of focus is understanding how jurors make causation determinations and developing strategies for overcoming problematic "common-sense causation" notions. ThemeVision's trial consultants also counsel their clients on techniques for effectively educating and persuading the trier-of-fact about complex scientific evidence and on developing demonstrative exhibits that clearly communicate complex evidence within the framework of the primary defense themes.

ThemeVision's trial consultants also recognize that the best way to avoid the negative impact that junk science can have on the trier-of-fact is to successfully move the court for exclusion of such testimony. Accordingly, at the critical stage of motions to exclude opposing experts, ThemeVision's trial consultants sometimes use hearing simulation studies to empirically assess the effectiveness of Daubert hearing strategies.

 
Alleged Benzene Exposure from Printing Press Work- Pennsylvania
Conducted a ThemeTesting® focus group study on behalf of the defense in a case pending in Philadelphia County involving claims that benzene allegedly contained in various printing press products manufactured by the defendants had caused the plaintiff’s cancer. We assisted with overarching theme development as well as the development of demonstrative exhibits to help clearly and effectively communicate scientific and technical expert testimony. The case was ultimately settled before trial.
Clean Water Act Jury Trial- Indiana
Provided extensive consulting on behalf of the defense in preparation for a two-week, federal jury trial in the Northern District of Indiana. The case involved allegations that one of the country’s largest wastewater treatment companies and two of its top managers had tampered with wastewater monitoring methods, thereby violating the Clean Water Act. Our efforts included mock trial work, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found all three defendants not guilty on all counts. The verdict represents a complete vindication for the company and the accused individuals. The verdict also avoided multi-million dollar fines and penalties to the company, as well as possible imprisonment for the employees, and it prevented a potentially business-ending debarment from future water treatment business within the United States.
Chemical Exposure Case: Punitive Damages Study- South Carolina
Conducted a six-panel, ThemeTesting® study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested key facts, themes, and arguments relating to the issue of punitive damages. The study provided the trial team with important information regarding key documents and witnesses relating to damages issues. Overall, the study contributed to the client’s case assessment and case valuation.
Mesothelioma Case - California
Conducted a three-panel, ThemeTesting focus group study in Oakland, California. The plaintiff claimed asbestos exposure resulting from repair work performed on appliances manufactured by our client. The ThemeTesting study revealed which defense themes resonated with mock jurors and also revealed specific challenges likely to be encountered in a jury trial. The ThemeTesting study contributed to case valuation and, ultimately, to a strategically favorable settlement for our client. 
Benzene Litigation (Herbicide Exposure)- California
Conducted verdict research for the defense in a case pending in Los Angeles County involving an allegation that trace amounts of benzene allegedly contained in the defendant’s herbicide had caused the plaintiff’s cancer. The verdict research was used by the client in the case valuation process. The case was ultimately settled before trial.
Pesticide Exposure Case- South Carolina
Conducted a three-panel, ThemeTesting focus group study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested core themes and arguments relating to liability issues, including alleged product defect, exposure, dose, and medical causation. The study provided the trial team with important information regarding case themes and jurors’ likely perceptions of the battle of the experts. Overall, the study contributed to the client’s case assessment and the trial team’s trial preparation.   
Alleged Ground Water Contamination- Hawaii
Conducted a ThemeTesting® focus group study on behalf of the defense in a case involving allegations of ground water contamination resulting from pesticide products.
Mesothelioma Case Involving Premises Liability- Indiana
Conducted a three panel ThemeTesting® focus group study for the defense in a mesothelioma case. The plaintiff alleged that asbestos located on the premises where he had performed pipefitting work for the defendants had caused his mesothelioma. The ThemeTesting study provided the trial team with important insights into the strengths and weaknesses of their case, particularly with regard to premises liability issues. The case was tried to an Indianapolis jury. The result was a defense verdict in favor of our client.
Chemical Exposure Case- Montana
Conducted a ThemeTesting® focus group study in an alleged chemical exposure case involving multiple plaintiffs.  The focus group research revealed for the trial team specific themes and arguments that did and did not resonate with the focus group participants, allowing the legal team to better prepare for trial.  
Pesticide Exposure: Wrongful Death- Texas
Conducted a two-panel jury simulation project for the defense in a wrongful death case.  The plaintiffs alleged that the decedent's death and preceding illnesses were caused by exposure to an over-the-counter pesticide.  The jury simulation study assisted the trial team with testing key causation defenses and determining which arguments and themes were more or less likely to resonate with a Texas jury.
Pesticide Exposure Case- California
Conducted a six-panel jury simulation study for the defense in Los Angeles, California. The plaintiffs claimed that a commercially-applied pesticide was defective and caused their two daughters, an infant and a toddler at the time, to suffer severe neurological injuries. The jury study evaluated two alternative defense themes and assisted the trial team with making key trial strategy decisions. The case was dismissed on motion practice shortly before trial.
   
  > Areas Of Law    
 
Appellate 4 Appellate
Class Action 5 Class Action
Commercial 6 Commercial
Environmental 7 Environmental
Governmental Services 8 Governmental Services
Insurance Coverage 9 Insurance Coverage
Intellectual Property 10 Intellectual Property
Labor & Employment 11 Labor & Employment
Product Liability 12 Product Liability
Personal Injury Defense 35 Personal Injury Defense
> Toxic Tort 13 Toxic Tort
White Collar Criminal Defense 14 White Collar Criminal Defense
Toxic Tort  
 
 
 
       
 
 
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