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).

 

 

EXAMPLES OF CASES IN WHICH EXPERTISE HAS BEEN PROVIDED
Year Retained By Description Deposed? Trial?
2007 Plaintiff Professional Liability - Paratransit driver was assisting plaintiff in wheelchair down steps. Driver lost control of wheelchair, causing wheelchair and plaintiff to fall down the steps. Retained to address biomechanics of case, as well as attendant responsibilities. No (case settled)
2006 Plaintiff Professional Liability - Paratransit driver did not secure wheelchair or wheelchair-dependent passenger within van. Upon sudden stop, passenger was thrown from wheelchair, injuring his pelvis. Retained to address the biomechanics of the case, as well as the accepted standards pertaining to wheelchair transportation safety. No (case settled)
2006 Plaintiff Professional and Product Liability - Handicapped hand controls of van stuck in full acceleration, causing driver to have serious accident and injuries. Retained to perform engineering assessment of the hand control system and throttle mechanism of the van. Determined hand controls were improperly installed/adjusted. No (case settled)
2006 Plaintiff Product Liability - Plaintiff alleged electronics of motorized wheelchair scooter malfunctioned, leading to uncontrolled movement of scooter, tip, and resultant head injuries. Retained to identify potential root cause of claim. No. Attorney opted to reject case, based upon my findings.
2006 Defendant Product Liability - Plantiff tipped over in power wheelchair while exiting home on handicapped ramp. Investigation found significant architectural barriers (2" high door threshold, non-ADA compliant ramp) which were the primary contributors to this accident. No (case settled with wheelchair manufacturer absorbing minimal loss)
2006 Defendant Product Liability - Plaintiff alleged that a continuous passive motion machine (lumbar flexion/extension machine) failed catastrophically, resulting in spinal injuries. Investigation found that the machine did not fail. No (case settled with defendant absorbing minimal loss)
2006 Plaintiff Product Liability - Plaintiff alleged that joystick of power wheelchair was defectively designed, leading to erratic control of the wheelchair (and subsequent injuries). Retained to assess the design of the joystick. No (attorney opted to discontinue the case, based upon my analysis)
2005 Plaintiff Product Liability - Plaintiff was using power wheelchair that tipped forwards, throwing plaintiff to the ground. Retained to assess the design and stability of the wheelchair. No (case settled)
2005 Plaintiff Professional Liability - Plaintiff in rehabilitation hospital was given shower on shower/bath chair. Ultimately, plaintiff was impaled by a metal bar located under the seat of the shower chair and died. Retained to assess the root cause of the injury. Yes No (defendant admitted negligence)
2005 Defendant Professional Liability - Plaintiff alleged defendant delivered power wheelchair without anti-tip bars. Upon climbing handicapped ramp, plantiff alleged to have tipped over, resulting in head injuries. Analysis found that ramp, installed by plaintiff, did not meet building code. Additionally, engineering testing determined that incident could not have occurred as described by plaintiff. Yes

Yes (judgement for the defense)

2004 Plaintiff Professional Liability - Nursing home resident developed pressure sores that ultimately led to his death. Retained to address cause/prevention of pressure sores. No (case settled)
2004 Plaintiff Product Liability - Heated seat of automobile reached excessive temperatures, causing 3rd degree burns to disabled passenger who has sensory limitations. Assessment found seat interface temperatures exceed 180 degrees F, sufficient to cause 3rd degree burns. No (plaintiff accepted significant settlement)
2004 Defendant Professional Liability - Plaintiff alleged that defendants improperly used a patient lift device, leading to injuries. Retained to assess root cause of accident. No (case settled)
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 (case settled)
2004 Defendant Product Liability - Plaintiff alleged that power wheelchair was defective because it climbed the retension barrier of a handicapped van lift. Analysis found that poorly-designed (and standard non-compliant) retension barrier was the root cause in this case. No (case settled with minimal loss to wheelchair manufacturer)
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 admitted liability)

 

2003 Defendant Product Liability - Wheelchair related death in which plaintiff was choked by anterior chest harness. Retained by wheelchair manufacturer to determine root cause of death. Found cause of death was due to custom design, manufacture, and fitting of seating system, not wheelchair No (case settled, with wheelchair mfr.taking minimal loss)
2003 Defendant Product Liability - Plaintiff alleged defective design of hospital bed, leading to development of pressure sore by plaintiff. Retained to assess industry standards related to design, manufacture, selection, and use of high-tech hospital beds. Found bed was not defective Yes No (case settled with minimal loss to defendant)
2003 Defendant Professional/Product Liability - Plaintiff alleged that walker was defective, leading to fall and injuries. Retained to assess design, fit, and condition of walker. Determined that walker was provided in accordance with industry standards and that it was significantly altered after its delivery by persons other than the defendant No (case settled with minimal loss to defendant)
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 (verdict for the plaintiff)

 

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 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 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 (advised defendant that heat was sufficient to cause burns; case settled)
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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Page Last Modified: January 26, 2007