Hayes & Associates

What We Do: Case Examples

Motor Vehicle Accidents

Personal Injury: High-Speed Rear-End

A 40 year old female was the operator of a vehicle that was rear-ended at high speed while stopped at an intersection. The impact propelled her vehicle into the vehicle in front of her. The operator sustained a closed head injury and disc herniations of the cervical and lumbar spine. *What were the speeds involved? *What were the mechanism of injury?

Slips, Trips and Falls

Personal Injury: Water Truck

A man was found lying supine and paralyzed behind the rear of his water truck. *Would a fall from the top of the truck ,due to the water hose coming loose, have caused the man’s pattern of injuries and final resting position, or is there a more likely explanation for how the incident occurred?

Industrial / Ergonomics

Personal Injury: Pinched Inside a Manlift

A hotel employee was pinned between the belt and the hood of an upward manlift, resulting in T12/L1 paraplegia. *Did the incident occur as he alleges? *What was the mechanism of the incident? *What was the biomechanical load to his spine?

Sports Injuries / Recreational Equipment

Personal Injury: Work Clearance v. Soccer

A 37 year-old tankerman slipped on algea covered boards while at work. While receiving long-term disability benefits, the tankerman participated in competitive soccer matches. *Did the subject sustain a low back injury from a fall at work? *What are the low back forces associated with vigorous soccer activities? *Given the subject’s ability to play soccer could he return to work?

Orthopaedic Treatment / Malpractice

Products Liability: UHMWPE

The UHMWPE tibial component of a group of unicondylar prostheses were sterilized by gamma radiation in air and stored for extended periods. After implantation, the devices failed by severe pitting and delamination. *What were the mechanisms of failure? *Were the failures the consequence of overloading or the sterilization and storage procedures? *What are the long term consequences of these implant failures?

Patent Validity / Infringement

Patent Validity/Infringement: Bipolar Hip Arthroplasty

Bipolar hip arthroplasty was originally conceived as a way to reduce shear stresses on acetablular cartilage by the inclusion of a low-friction inner bearing in a unipolar design. Because of this compound bearing surface, the bipolar was thought to improve on both unipolar and conventional total hip replacements. Patent litigation raised issues of validity and infringement related to the early bipolar patents. *Were the early bipolar hip patents valid and enforceable? *Were their claims infringed by subsequent devices?

Criminal Matters

Murder: Assisted Fall from Cliff

A 21 year old female and her 5 year old son were reported by the woman’s husband to have fallen to their death from a 180 foot cliff. *What were the circumstances of the fall? *Did they fall accidentally or were they pushed/thrown?