Two Classes of Pediatric Cancer Patients Certified With the Help of Dr. Jim McClave and Infotech Consulting

Two Classes of Pediatric Cancer Patients Certified With the Help of Dr. Jim McClave and Infotech Consulting

When the Infotech Consulting team was asked to provide services for a pediatric cancer case against the University of New Mexico, it presented new challenges that ultimately increased our opportunities for collaboration and innovation – two of the things our team loves most about the work they do.

For nearly two decades, litigation surrounding this tragic case has been ongoing. Plaintiffs consisting of patients, parents and surviving siblings of pediatric cancer patients who presented for treatment at UNMH alleged the hospital’s negligence in failing to maintain adequate protocols and allowing improper treatment protocols to be administered to pediatric cancer patients for 20 years. They claimed this negligence led to children losing their best chance for survival or a better outcome. 

Dr. Jim McClave and Infotech Consulting were hired by plaintiffs to collaborate with two well-known experts, Dr. W. Kip Viscusi and Dr. M. Brian McDonald, to calculate damages caused by UNMH’s failure to use the proper protocol; an amount intended to provide some compensation for the loss suffered by these families.

Unlike many malpractice suits that focus on compensating the victim for losses and injuries incurred or reasonably likely to occur in the future, the Infotech Consulting team used the data to evaluate the lost chance of a better outcome due to the negligent cancer treatment children received.

Over five years (2014-2019), Dr. McClave wrote three expert reports and sat for two depositions. Ultimately, in concert with Dr. Viscusi’s lost chance of survival calculations and Dr. McDonald’s measures of the value of statistical life, Dr. McClave presented three methodologies to calculate class damages.  

In August 2020, the surviving family members of the deceased plaintiffs reached a settlement agreement with the hospital for $38 million. Just four months later, the Court certified two classes: a medical monitoring class and a damages class. The case is still pending.

Working on a case of this nature and magnitude was far from easy for our team, who took the gravity of the outcomes to heart and mind. But the opportunity for collaboration and innovation with our fellow experts in the field helped to bring this case one step closer to resolution for all of those impacted. 

Maria Cummings, Individually and as Personal Representative of the Estate of Shaun Michael Chavez, et al v. Board of Regents of The University of New Mexico, et al (2001 N.M 2nd Dist. Ct.)

Two Classes of Pediatric Cancer Patients Certified With the Help of Dr. Jim McClave and Infotech Consulting

Infotech Consulting Helps Turn Off the Faucet in $4 million Iron Pipe Fittings Antitrust Case

Infotech Consulting had the opportunity to work with indirect purchaser plaintiffs in an industry that most people never even think about when turning on their faucets.  Ductile iron pipe fittings (DIPF) are used to join ductile iron pipe, valves and hydrants within a water system as well as change or direct the flow of water and are an integral part of municipal and regional water and sewer systems.  The end-user plaintiffs, including municipal water works departments, accused Defendants McWane, Inc, Sigma Corporation and Star Pipe Products of violating antitrust laws by restricting trade, charging supracompetitive prices for ductile iron pipe fittings, and unlawful monopolization between 2008 and 2014.  These companies controlled over 90% of the DIPF market during this period.  Infotech Consulting analyzed over 4.7 million DIPF distributor transactions to calculate the pass through rate to indirect purchasers that then was used to estimate the damages incurred by the end-users as a result of the conspiratorial behavior.  Dr. Jim McClave’s damage model helped the plaintiff’s secure settlements totalling over $4 million.  


In Re Ductile Iron Pipe Fittings (“DIPF”) Indirect Purchaser Antitrust Litigation, Civ. No. 12-169 (US District Court for New Jersey)

Originally published in 2018

Two Classes of Pediatric Cancer Patients Certified With the Help of Dr. Jim McClave and Infotech Consulting

Over 1 Billion Transactions with over $80 billion in revenue analyzed by Infotech Consulting in Cathode Ray Tube Price-Fixing Case

Not many of us still own a cathode ray tube (CRT) television, but many of us remember the big and bulky sources of entertainment from yesteryear. Makers of cathode ray tubes were accused of fixing the price of various sizes of cathode ray tubes from roughly 1995 to 2007, a time where these televisions and monitors were feeling the market pressure from flat panel televisions and monitors. Jim McClave and the Infotech Consulting team were engaged to perform damage analyses for 13 plaintiffs that opted out of the class action. The data spanned 18 years and involved analyzing defendant transaction data consisting of over 1 billion transactions with over $80 billion in revenue. Through the eight-year litigation period, settlements on behalf of class members and opt outs totaled over $800 million. Infotech Consulting’s thorough analysis of the data and expert synthesis of the material aided numerous plaintiffs in reaching advantageous settlements with over 10 defendants.


In re: Cathode Ray Tube Antitrust Litigation, Case No. 07-5944 SC and Case. No. 14-cv-02510  (US District Court for N.D. of California) 

Originally published in 2018