VB Attorneys succeed in striking expert witness Charles E. Bain, M.D.

Posted on Dec 15, 2009

Biodynamic Research Corporation ("BRC") is a company that hires out witnesses to insurance companies to give whatever opinions the insurance companies want.  Much of the time the opinions the insurance companies want is that a person claiming an injury was not really injured.  This opinion almost always contradicts the opinions of the injured person's own doctors.  The insurance companies have paid BRC millions and millions of dollars over the years for this "opinion."

Charles E. Bain, M.D. is a part owner of BRC.  Dr. Bain is also one of BRC's "consultants," and claims to be an expert in "biomechanics," which is a scientific field that studies how people can be injured in accidents. 

VB Attorneys is handling a case for a gentleman who was injured when an 18 wheeler struck his 18 wheeler.  V&B's client injured his neck and ended up having a neck surgery.  The defendant 18 wheeler driver had insurance with Northland Insurance Company

This insurance company hired Dr. Bain to give the "opinion" that V&B's client was not injured in this 18 wheeler crash and the crash did not create any need for the neck surgery.  The insurance company paid over $50,000 for Dr. Bain's "opinion."

VB filed a motion challenging the validity of Dr. Bain's "opinion."  In the motion , VB noted the following:

  *  Dr. Bain is not a specialist in orthopedics or neurosurgery and has never performed spine surgery in his life.

  *  Dr. Bain holds no type of professional engineering license;
  *  Dr. Bain has no degree in biomechanics;

  *  Dr. Bain did not inspect the vehicles, the accident scene, or any of the MRI films;

  *  Dr. Bain professed to use the methodology of "injury causation analysis," but this is just a term made up by BRC;

  *  Dr. Bain relied on a crash test from a different case involving a crash that was much different;

  *  Dr. Bain relied on a computer program that had a potential error rate exceeding 1,000%;

  *  Dr. Bain's analysis was not subjected to peer review and was used solely for purposes of litigation;

  *  Dr. Bain's analysis has never been accepted by the scientific community - in fact it has been soundly rejected;

  *  Dr. Bain has been stricken by at least twelve judges in Texas and across the United States.

Judge Mike Engelhart of the 151st Judicial District Court of Harris County, Texas, set a hearing on the motion.  The insurance company and their lawyer brought Dr. Bain to the hearing.  Dr. Bain testified at the hearing, trying to keep the Judge from striking him.  Nevertheless, the Judge ordered that Dr. Bain was stricken from the case entirely.

V&B is handling several additional cases in which the insurance companies have hired and paid Dr. Bain to provide this same "opinion." 

To immediately access our successful motion to strike Dr. Bain, as well as multiple orders from Judges across the country striking this witness, CLICK HERE!

Vuk Stevan Vujasinovic
Experienced Injury Lawyer. First Generation American. Life-Long Texan. Husband. Father.