Dr. Hartley Mellish - Expert Witness Services

Economic Consulting Services

Expert Witness Testimony

Dr. Mellish has testified in hundreds (if not thousands) of cases. A summary of recent Deposition and Trial Testimony is available for viewing and downloading below. These lists do not describe all activities since there are many cases which do not proceed to deposition or trial. Our reports have been instrumental in successful mediation settlements.

View and/or Download recent activity:

Dr. Mellish has prepared several charts on the historical rate of inflation in the United States that can be accessed by clicking on the following link Mellish Inflation Charts. For more info on inflation, check out the latest CPI Report . Another good reference on historical inflation is Grey House Publishing’s “The Value of a Dollar 1860-2019, Sixth Edition”. Also available is, The Value of a Dollar 1600-1865. Here are a few sample pages from the book. If you would like to purchase either of these books in their entirety, go to Grey House Publishing’s website.

Case Evaluations

The amount of time needed to develop a case is dependent upon the extent to which the case warrants scrutiny. Dr. Mellish has developed many different types of valuations and can help you evaluate your case and determine an appropriate course of action specific to your case. In many cases, the areas of damages can be summarized and a preliminary evaluation prepared within a short time frame. Self-employed and business damages cases are the most difficult to assess; however, Dr. Mellish has done many of these types of cases and can narrow down the data needed to provide a supportable damages figure. We also provide assistance with identifying the documentation needed to support economic damages in a trial context.

Economic Damages Calculations

Once a case is determined to warrant further investigation, the data is then scrutinized for elements effecting damage calculations which are dependent upon many factors including the type of case. Personal injury and wrongful death cases with claimants who were employed present less challenges for determining past earning capacity given a sufficient work history than self-employed claimants. When there is a lack of work history, industry data can provide a basis for loss of earning capacity if the case does not warrant the use of a vocational expert. Those cases with extensive medical care that warrant a life care plan can be done without the use of a life care plan expert; however, we strongly suggest the use of an experienced and certified life care plan expert to avoid issues of medical necessity. Once a life care plan is provided, we can calculate the present value of the amount of funds necessary to provide the required care presented in the plan. To speed the process, we utilize cell-referenced formulas in an excel spreadsheet to perform the various calculations for each required medical care item or service presented in the life care plan.

Types of Cases

Litigation Cases

Over the years, Dr. Mellish has provided expert witness testimony and evaluations for the following types of litigation cases:

Non-litigation Cases:

Medicare Offset

Dr. Mellish has also addressed the issue of the Medicare Offset. In some cases, it is necessary to determine a Medicare setaside amount; however, the cost of that coverage by the claimaint needs to be considered as well. Dr. Mellish has created an example of one person's contributions to Medicare in the form of payroll deductions as well as the cost of premiums and copays the claimant will be responsible for in the future. The results are quite staggering and can be viewed by clicking here, Mellish Medicare Cost Offset.

Medicare Set-Asides

Although the cost of Medicare coverage to the individual claimant can be substantial, it is recognized that Medicare Set-Asides are necessary which is why we offer this service for cases that require Set-Asides in accordance with the Florida Statute. When certain thresholds are met, a Medicare Set-Aside (MSA) is required and can be confusing. We are here to help you protect your client from losing their benefits and getting the most out of their settlements and judgments by making sure the case complies with the Medicare Secondary Payor Act. Initially, MSA's were limited to Workers' Compensation cases but have more recently expanded to include certain Auto Accident and Medical Malpractice cases as well. We are seeing a move to a more aggressive application of the Medicare Secondary Payor Act in an effort to preserve Medicare's financial viability going forward. Therefore, we have added this service to our list.