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Litigation Support

Attorneys: If your client or your client company is faced with an adverse FCE, you need the assistance of experienced insiders to assist you in taking legal testimony. Do not rely on a "gotcha" moment when taking the testimony of the medical expert witness.

These are the kinds of "standard" validity of effort tests we can help you refute:

Any FCE using isometric measurements to predict lifting capacity or assess validity of effort.
Any hand strength assessment using the Bell Curve, Rapid Exchange Grip testing or the COV to classify effort.
Any FCE using the "visual estimation of effort" to classify effort or cooperation.
Any FCE using heart rate as an index of effort.

Does our approach work? The following are quotes from an article appearing in the North Carolina Attorneys Weekly in November 2010.

From an applicant attorney: "Rockford, Ill.-based attorney Todd S. (Reese of Reese & Reese) said he used Schapmire’s method [in Forensic Dissection] to challenge the results of an FCE. ‘My client underwent an FCE where the examiner alleged that she was self-limiting and the results were deemed invalid. The testing protocol that was used was mostly subjective in nature. My client then underwent an FCE that used Mr. Schapmire’s devices and methodology. The FCE results were found to be valid. At trial, I used Mr. Schapmire’s materials when I cross-examined the first FCE examiner. The trial court found the first examiner to be not credible and made an award that was favorable to my client.’"

From a defense attorney: Quoting insurance Denver-based defense attorney Greg Cairns (Cairns & Associates at www.cairnslegal.com) in the article: "This is a tool," Cairns said. "If a doctor thinks a person is not being truthful in treatment or is malingering, this is a good way to find out if the person is playing games. It’s a good way to get fakers to maximum medical improvement. If the test shows they are not fakers, well, now their complaints have been validated." In Cairns’ view, "Thirty to 40 years of junk science have been replaced by an objective FCE testing model. I think that is big news." Mr. Cairns has also written a short white paper entitled "Ten Inconvenient Truths About Conventional FCEs," available by clicking on the text in this sentence.

We give our customers three options to mounting a challenge to any "standard" FCE:

An analysis of the results which will highlight the areas of the test which can be challenged, provide the customer with the rationale for the challenge and also cite the authority in terms of the published research.
A well-organized list of interrogatories to use when taking legal testimony
A combination of these services.

We will provide these services at a fixed rate. Contact us for details by sending us a message.

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X-RTS Software Products and Testing Devices
James D. St. James, Ph.D. and Darrell Schapmire, M.S.
P.O. Box 171, 128 Madison Street
Hopedale, IL 61747
Phone: (309) 449-5483 Fax: (309) 449-6218 ds@xrts.com

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