What counsel should ask a TBI expert before retaining them

Before you retain anyone on a TBI case, ask questions that force a method into the open.

1. What, exactly, will you measure — and what will you not claim?
2. Can the measurement be repeated by someone else on the same instrument class?
3. What is the comparison population? How many subjects, what severities, what setting?
4. How do you handle malingering, poor effort, and comorbid neurologic disease?
5. Will a jury understand the exhibit without a week of tutorials?
6. Can you support a claim, refute a claim, or only narrate an MRI?
7. What is the turnaround, the travel burden, and the fee structure?

Dr. Gitchel’s answers: millisecond eye-movement recordings; a patented method with FDA Breakthrough Device designation on the underlying technology; thousands of VA subjects; a test that cannot be faked in any reliable way; exhibits that look like a recording, not a Rorschach; opinions that run in both directions; nationwide recording via RightEye, or travel to the plaintiff; fee schedule on request.