Animators has extensive experience working on cases
dealing with highly technical scientific principles, such as those involving
pharmaceutical drugs, biotechnology and medical malpractice. For many
of the same reasons as patent litigation, cases in these areas often
involve issues that translate easily into the use of animation and are
usually extremely difficult for a judge or jury to understand.
Pharmaceutical
Animators has worked on a variety of cases involving such major pharmaceuticals
as: Cyproflaxin, Tylenol, Aleve, Bayer Aspirin, and Fen-Phen.
In one recent example involving a leading pharmaceutical manufacturer,
Animators created numerous dynamic trial exhibits on behalf of a competitor,
which was seeking to invalidate the manufacturer's patent in order to
market a more affordable generic version. In that case, Animators was
tasked with graphically demonstrating that the manufacturer should not
have been issued a patent on its product.
Although the case involved significant patent law issues relating to
the "obviousness" of the product at issue, it was critical
that the fact finder also comprehend the complex make-up of the product
as
well as its effects on the human body. Animators created a series of
carefully crafted trial exhibits which helped show that the product
was simply the result of combinations which were well known in the art
at the time of its creation. As a result, Animators' was able to transform
this complex case involving both patent law and medical issues into
an easy to understand presentation for the fact finder.
Medical Malpractice
Animators is routinely called upon to create powerful and dynamic demonstratives
in medical malpractice cases in order to give juries unprecedented access
to medical information and procedures. For example, the use of animation
in medical malpractice cases has allowed juries to observe complicated
medical procedures as if they were in the delivery or operating room.
In one compelling example of how animation can be used in conjunction
with actual video footage, in order to give the jury a “view”
that
they could not otherwise have, Animators juxtaposed actual video of
a childbirth taken from inside the delivery room with an animation of
what was occurring inside the mother. This allowed the jury to view
actual video of what the doctor was doing, while simultaneously viewing
animation depicting what was happening to the baby as a direct result
of the doctor’s actions. Once again, the use of this powerful demonstrative
allowed the jury to view events that they otherwise normally could not.
In another extremely complicated wrongful death case involving recurring
instances of medical malpractice over a lengthy time span, Animators
combined both interactive electronic exhibits along with printed trial
boards in order to aid the jury in understanding the complicated medical
concepts at issue.
One of the most significant examples involved an electronic timeline
that was projected onto a 10 ft. x 10 ft. screen. This 
electronic
interactive exhibit included photographs and documents embedded in the
timeline so that the attorneys could allow the jury to observe exactly
what had occurred on a particular day. For example, the attorneys were
able to select a particular date and allow the jury to observe the condition
of the deceased on that date. The attorneys were also able to select
other relevant dates and instantly call up relevant medical records.
By organizing these critical documents and photographs in a timeline
that could be easily accessed, Animators allowed the jury to view the
deterioration of the deceased’s condition and to identify the precise
points of malpractice.
Moreover, through the use of an interactive exhibit, the attorneys were
able to alter their presentation “on the fly” as necessary.
This is particularly helpful in trial situations where unexpected issues
or testimony arise which must be quickly explained or dispelled.
In another noteworthy case, Animators was called up to illustrate a
doctor’s failure to diagnose a bone-marrow transplant rejection.
The
patient presented with nine separate symptoms that, had the doctor attempted
to find a unifying diagnosis as was required under Colorado law, the
patient’s death could have been avoided. Instead, the doctor treated
each symptom individually rather than connecting the symptoms to the
underlying
issue.
Animators’ experience in the medical industry has also included
helping to convey information about complex medical devices, as well
as explaining the microbiological development of cancer.
