Morgan
Expert Witness Simulator
5
Attack Points
2
Daubert Issues
3
Bias Indicators
Expert Report Vulnerabilities
1. Insufficient Differential Diagnosis
🔴 Daubert Challenge
From Expert Report
"Based on the patient's occupational history, the mesothelioma is more likely than not caused by asbestos exposure at Atlantic Maritime."
Attack Strategy
Dr. Chen failed to rule out other sources of asbestos exposure. Employment records show plaintiff worked at two other industrial sites before Atlantic Maritime. No discussion of background exposure levels.
"Doctor, you're aware my client worked at Henderson Pipe & Fitting for 3 years before joining Atlantic Maritime?"
"And you didn't investigate the asbestos exposure levels at Henderson, correct?"
2. Revenue Dependency Pattern
🟡 Bias Indicator
Disclosure Analysis
Dr. Chen has testified in 47 asbestos cases in the past 5 years. 100% for plaintiffs. Average billing: $35,000 per case. Estimated annual expert income: $329,000.
Attack Strategy
Financial incentive to reach plaintiff-favorable conclusions. Never testified for defense despite being "neutral expert."
"In these 47 asbestos cases, how many times did you conclude the defendant was NOT responsible?"
"Your expert witness income exceeds your clinical practice income, doesn't it?"
3. Methodology Gap — Exposure Calculation
🔴 Daubert Challenge
From Expert Report
"The plaintiff's exposure at Atlantic Maritime was sufficient to cause mesothelioma."
Attack Strategy
No quantitative dose calculation. No fiber-year analysis. Conclusory statement without scientific methodology. Plaintiff claims 10 years but W-2s show 5 years—doubles the exposure error.
"What was the plaintiff's cumulative fiber-year exposure at Atlantic Maritime?"
"You didn't calculate it, did you?"