Jonathon Schuch - Expert Witness Assistance Mr. Schuch has served as an expert witness in matters related to Assistive Technology, Medical Equipment, Disability Issues, Negligence, and Product Liability. Specifically, Mr. Schuch is qualified to conduct engineering investigations of injuries, perform root cause analyses, and offer opinions regarding the mechanics of an injury and the means by which an injury could be reasonably avoided. Examples of cases in which Mr. Schuch has consulted can be found below. To discuss specific cases, please contact Mr. Schuch by phone (434-989-2065) or by e-mail (jzs@virginia.edu).
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EXAMPLES OF CASES
IN WHICH EXPERTISE HAS BEEN PROVIDED |
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| Year | Retained By | Description | Deposed? | Trial? |
| 2010 | Plaintiff | Negligence - Airline passenger fell while being assisted into wheelchair at Philadelphia International Airport. | Yes | No - Case settled |
| 2010 | Defendant | Negligence - Elementary school student, who has Cerebral Palsy, was being assisted from school cafeteria in his power wheelchair. Power wheelchair veered into wall and broke the student's leg. The employee, who was assisting the student, reported the chair moving in an uncontrolled manner, repeatedly running into the wall. The School System brought the wheelchair manufacturer and vendor into the suit. | No - Case settled with vendor sharing liability | |
| 2010 | Plaintiff | Product Liability - Individual with disability was using PMV outdoors on hilly terrain. Braking system appears to have failed, resulting in a runaway condition. PMV ultimately tipped over, throwing rider to pavement. Rider was killed in the event. | Yes | No - Case settled |
| 2010 | Plaintiff | Product Liability - Individual with a disability and severe musculoskeletal deformities was provided a custom contoured seating system for his wheelchair. The individual quickly developed multiple pressure sores from the poor fit and inappropriate choice of system. | Yes | Yes - Judgement for plaintiff |
| 2009 | Defendant | Product Liability - Individual was being transported in wheelchair in ambulette without wheelchair tiedowns and occupant restraints. Plaintiff sued rehabilitation facility, which coordinated the prescription and delivery of the wheelchair. | Case is in discovery | |
| 2008 | Plaintiff | Negligence - Individual with disability fell from wheelchair while transferring. The wheelchair, which had recently been maintained by the vendor, had tires and brakes that were worn and had brakes that were not properly adjusted to prevent the wheels from rolling. | Yes | No - Case settled |
| 2007 | Plaintiff | Negligence - Paratransit driver tipped elderly woman out of wheelchair. | No - Case settled | |
| 2006 | Consultant | Retained by Progressive Insurance to investigate vehicle accident in which hand controls for disabled driver became stuck. Investigation found that the hand controls were incorrectly installed. | ||
| 2006 | Defendant | Retained by American Medical Devices Inc. to investigate claim that continuous passive motion device failed injuring a patient. Investigation found that the medical device performed without incident. | No - Case settled | |
| 2005 | Defendant | Negligence - Power Wheelchair Tip - Plaintiff claimed vendor provided power wheelchair without antitip bars. Upon accessing the ramp to plaintiff's home, plaintiff claims to have tipped rearward, suffering head injury. Retained to assess the general safety of the wheelchair, the ramp, and the liklihood of the chair tipping as decribed by eyewitness testimony | Yes | Yes - Judgement for the defendant |
| 2004 | Plaintiff | Product Liability/Failure to Warn - Steam Burn - Plaintiff with diabetes was seriously burned while using a steam shower in a hotel, resulting in below knee amputation. Manufacturer of the steam shower equipment had prior knowledge of burns associated with the use of their equipment. Retained to address thermodynamic, as well as physiological aspects of the case. | Yes | No |
| 2003 | Plaintiff | Product Liability/Negligence - Collapse of Adult Walker - Plaintiff received walker from vendor. However, vendor combined legs of walker from one manufacturer with frame of walker from another manufacturer. The components were incompatible, resulting in the collapse of the walker, and a femoral fracture suffered by the plaintiff. | No (defendant did not challenge my findings) | No |
| 2003 | Plaintiff | Product Liability - Wheelchair Lift Malfunction - Plaintiff was injured when the wheelchair lift in his van malfunctioned, resulting in the plaintiff rolling off and falling 2 feet to the ground. Retained to determine how and why the lift malfunctioned, and to offer opinions regarding accepted design and safety engineering practices that should have been incorporated to prevent a user from rolling off the lift even when it malfunctions. | Yes | Yes - Judgement for plaintiff |
| 2002 | Plaintiff | Product Liability - Wheelchair Related Death - Young woman choked to death when the cord to her chin-controlled wheelchair entangled on a doorknob, forcing the chin control device into her throat. Performed engineering and structural analyses of the wheelchair system and its components to determine the multiple modes of failure. Addressed alternative designs that could have been reasonably incorporated to prevent this death. | Yes | No |
| 2002 | Plaintiff | Product Liability - Design of Exercise Equipment - Plaintiff was using exercise equipment when it failed catastrophically, resulting in permanent injuries to the plaintiff. Retained to perform failure analysis of the equipment, assess the overall design of the equipment, suggest design and safety features that could have been reasonably incorporated to prevent the injury from occurring, and to address the defendants' failure to warn the plaintiff. | No | No |
| 2002 | Defendant | Product Liability - Burn from Wheelchair Electronics - User of wheelchair claimed to have been burned when his leg rested against the joystick. Retained to analyze heat generation and dissipation within the joystick, assess whether the heat generated was sufficient to cause the burns, and to assess whether the manufacturer was liable for its design and warnings. | No | No |
| 1996 | Defendant | Product Liability - Wheelchair Cushion and Pressure Sore - Plaintiff claimed cushion was defective and manufacturer failed to warn, resulting in plaintiff developing a serious pressure sore. Retained to determine the most likely cause(s) of the pressure sore, to assess the design and performance of the cushion, and to address the manufacturer's warnings. | Yes | No |
| 1985 | Defendant | Reasonable Accommodation - Employee with Disability - Employee claimed employer, the U.S. Department of Education, failed to provide reasonable accommodations for employment. Performed ergonomic evaluation, determining that accommodations had been reasonably made. Ruling in favor of defendant. | No | Yes - Verdict for the defendant |
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