Expert Witness Services
Henry G. Nowicki, Ph.D./M.B.A
Litigation Focused Biographical Sketch January 2018
Examples of professional experiences and case litigation support services are provided below by Dr. Henry Nowicki. Cases and experiences are displayed with increasing numbers, highest numbers are roughly the most recent.
After reviewing From Dr. Nowicki’s broad and deep experiences, you may find a fit for your specific case needs. If you have any questions give Dr. Nowicki a call at 724. 457. 6576 for further information.
Henry Nowicki earned a B.S. in Chemistry and Biology. Dr. Nowicki obtained the Ph.D. in Organic-Biochemistry in 1972 and the M.B.A. in 1984. During his Ph.D. research he discovered two intermediates in Ubiquinone bio-synthesis in mammals. He used the first commercial mass spectrometer to identify these trace lipids. During his post-doc at the University of California Riverside, he participated in the discovery of the active form of vitamin D and why bio-accumulating pesticides/PCBs cause thinning of eggshells in predatory birds.
Dr. Nowicki worked for five years as U.S. Army toxicologist and forensic scientist in St. Louis, San Antonio, and Japan. He set-up the first mass-spectrometer for the U.S. Army Criminal Investigation Laboratory (USACIL) in Japan. He taught science courses for University of Chicago and University of Maryland for three years while in Japan as a forensic toxicologist for the USACIL. Dr. Nowicki appeared as an expert witness twenty-two times for military prosecutions.
He worked for Calgon, a subsidiary of Merck, for ten years before starting Professional Analytical and Consulting Services, Inc. (PACS) a science based firm in Pittsburgh, Pennsylvania and Orlando, Florida. He developed carbon adsorption, mass spectrometry, management and environmental skills at Merck, now parts of the PACS business. Dr. Nowicki was an expert witness three times for Merck.
Dr. Nowicki at PACS has provided litigation and expert witness support services for some of the largest U.S. environmental cases: Love Canal, Stringfellow, Everglades, Phoenix drinking water, airport carbon monoxide exposures, and fetal health damages. Dr. Nowicki is available to lawyers (twelve cases in his PACS practice) to provide science based information to help in the most challenging and difficult cases. Dr. Nowicki has access to state-of-the-art laboratory facilities to help gather needed information to make decisions.
Dr. Nowicki has a large and strong professional network capable of solving a wide variety of problems. This network can be coupled with Dr. Nowicki’s skills or he can go solo to help solve the litigation case. He is a high energy and highly focused individual dedicated to his client’s problems. When your firm needs scientific litigation support or expert witness services, please keep Dr. Henry Nowicki and his associates in mind. His e-mail address is Henry@pacslabs.com
Expert Witness Short Courses
Dr. Nowicki provides several short courses for PACS to keep his skills at the state-of-the-art. One of his courses is titled “Expert Witness and Legal Case Support Work for Scientists.” This course was created to help those new to the role on interacting with lawyers to improve their performances. Other relevant legalese courses are ABC’s of Intellectual Property, Toxicology Basic Principles, and OSHA Laboratory Safety Standard.
Background Information on Cases H. Nowicki had some participation
This is a partial list of cases completed. New cases in progress are not listed until settled. Cases below have been settled.
47) Provided consulting services for Carbon-14 dating of an object
46) Randell v Hardin et al
Provided for defendant proposed project evaluation and validation of cost proposal to provide residential remediation of asbestos problems in HVAC. Provided 1) review of plaintiff’s report, 2) provided opinion on reasonableness of estimated expense of remediation, 3) inspect the home on rush basis and 4) provide PACS alternative remediation to solve problem.
45) Pennybaker v. New Bern Transport Corporation, Pepsi Corp
Case involved providing opinions on urine drugs and blood alcohol concentrations in a commercial vehicle driver.
44) American Water Works Consulting
Provided telephone consulting services to lawyers and technical staff working on the West Virginia drinking water contamination 2013-2014 in Charleston, West Virginia. Concerns about granular activated carbon with contaminant competitive desorption of adsorbers configuration and amount of GAC between influent water and consumers.
43) Locate CEO for Carbon Company
Helped to locate a CEO for a carbon company. Used PACS bulk email list of 16,000+ named individuals with carbon interest.
42) EPA Science Advisor
Three years EPA advisor for development of commercial products for Arsenic remediation of contaminated drinking water supplies.
41) PACS Training Courses and Consulting
PACS has provided training courses for over 32+ years for analytical chemists and activated carbon users and manufacturers. Public courses and courses at client’s time and place are provided.
40) July 2013 – Diversified Industrial Minerals LLC vs ADA Carbon Solutions
Evaluated new activated carbon manufacture patented technology. Evaluated merits and demerits of breach of technology transfer contract. Provided opinions on damages and brought in a damages expert.
39) February 2013
Case involved drinking alcohol and possible long-term damages to a family. A non-disclosure agreement was signed by Henry Nowicki, Ph.D./M.B.A. This NDA does not limit the role of expert services by Dr. Nowicki on similar cases.
38) Florida State vs Sugar Growers Association
The case involved eutrophication of South Florida Everglades water cycle by agricultural phosphates. PACS experts provided laboratory inspections and quality control evaluations of phosphate measurements conducted by government and commercial laboratories. Provided opinions on water chemistry and eutrophication. The case was settled out of court.
37) Teledyne vs Calgon Carbon Corporation
PACS Laboratories provided extensive routine and advanced laboratory testing to support opinions. Provided some expert opinions for re-seller of activated carbon products in video-tapped deposition. Case was settled out of court.
36) Kureha (JP) vs Mylan
This case was a claimed patent infringement. PACS Laboratories provided classical and state-of-the-art activated carbon tests to facilitate out of court settlement. New Mylan product proved better than the Kureha patented product.
35) Opsis vs Calgon Carbon Corporation
Provided extensive laboratory testing services for several activated carbons. Provided professional opinions on health, safety and chemistry issues for activated carbon product mis-use resulting in personal injury.
34) Norit vs ADA
Provided opinions on hiring competitor personnel. Provided extensive comparisons on raw material sourcing, manufacturing processes and business practices.
33) Kyle Khorozian vs Nutone, Inc.
Provided opinions on metal contamination from blender and risks for maternal and fetal pre-natal damage resulting in autism.
32) Star Scientific Inc. vs R.J. Reynolds Tobacco Co.
Provided opinions on infringement on client patent to cure smoking tobacco. Provided experimental design to prove claims.
31) Beaver Falls Municipal Authority
Provided determination of contaminants on unused powdered activated carbon using GC/MS for volatile organic compounds and semi-volatile organics, and ICP metals.
30) Selecto Inc. vs Everpure, LLC and Pentair
Provided expert opinion and laboratory testing on activated carbon particle sizing and process unit design.
29) Norit Americas Inc.
Provided opinions on manufacturing process and personnel issues for use of powdered activated carbon (PAC) from lignite for electric power plants to control mercury emissions.
28) Lexington Law Group, LLP
Provided expert opinions on arsenic in POU coconut and bituminous coal GAC Water Filters for Proposition 65 and Center for Environmental Health.
27) Merchant & Gould and Hines Mills & Olson
Provided carbon technology expert services for class action lawsuit against makers and retailers of Scent Lok hunting clothing.
26) MTBE Drinking Water case
Provided lawyers basic information about activated carbons and methyl tertiary butyl ether.
25) Beryllium Contamination
Provided literature search for physical and health hazards and human health risk assessment for beryllium exposure.
24) NPDES Industrial Permits
Dr. Nowicki has provided National Pollutant Discharge Elimination Services (NPDES) permit services for clients. Services include collection of samples, laboratory testing and reporting to client’s regulators.
23) Dr. Nowicki Asbestos Services for DoD-Army
Dr. Nowicki and Christopher Brunning obtained Pennsylvania certifications to provide Asbestos Building Inspections and Asbestos Management Plans. We provided extensive asbestos sampling and testing services, asbestos inspections and plans for a facility with some 47 buildings on site. Reviewed prior asbestos inspection report and compared to present work. Provided computerized report format. Dr. Nowicki is well versed in asbestos and related industrial hygiene issues and can serve as expert on these subjects.
22) Center for Environmental Health vs Carbon Filter Manufacturers
Case involved Proposition 65 concerns for leaching toxic arsenic materials from filter devices used in point-of-use (POU) and point-of-entry (POE) devices. Services provided were: literature search, review of documents, liaison between Proposition 65 lawyers and POU/POE major device manufacturers, review and recommendations for the development of testing methods for material compliance and review and comments on NSF/ANSI documents numbered 42, 52, and 61 and standard American Society for Testing Activated Carbon materials. My role was as an independent science advisor for lawyers representing the Center for Environmental Health.
21) EPA Advisor on Drinking Water Arsenic Controls
Dr. Nowicki participated as an EPA advisor for selecting technologies for field-testing to remove arsenic below the 10 ppb MCL. Dr. Nowicki reviewed documents, wrote reports, and participated in EPA meetings in Washington DC over a period of two years.
20) Techumseh Products Co. And Little Giant Pump
Dr. Nowicki provided laboratory testing on several pond filtration products claimed to be activated carbons. Dr. Nowicki provided recommendations to lawyers on the course of actions. Dr. Nowicki provided telephone consulting during the final court hearings before the judge to arrange a business favorable decision to Dr. Nowicki’s pond filtration client. The client avoided changes to their product line. The final decision was favorable to the client. The competitor was happy with the decision and a win-win arrangement was the judicial outcome.
19) Barksdale, et. al. vs Sumiton Water Works Board
Reviewed technical documents and provided professional opinions. My role as a third-party consulting water expert was useful.
18) New York City Lab Employee vs New York City Lab
The case involved a senior environmental chemist claiming abuse by the laboratory supervisory managers. Dr. Nowicki evaluated polychlorinated biphenyls (PCB) analysis data and interviewed other lab staff. Dr. Nowicki discovered that several PCB unknown test samples given the senior chemist were well below the detection limit specified in the 3M product literature which came with the testing filter equipment and 3M standard operating procedure. Dr. Nowicki wrote several reports on behalf of the client after reading documents. Dr. Nowicki educated the client’s lawyer about PCB measurements and analytical chemistry measurements. The case was favorably settled out of court.
17) Pepsi Cola vs Carbochem
A major Pepsi Cola franchise in Charlotte, NC had a product recall due to taste and odor. Dr. Nowicki provided an on-site review of process operations. Reviewed and provided verbal and written discussions on the depositions given by Pepsi employees and several suppliers of water treatment and process chemicals. Dr. Nowicki and staff provided on-site survey and inspection of plant operations. The case extended over one and a half years, and it was settled out of court.
The case involved RUSH work on large amounts of paper-work. Demanding deadlines were ordered by legal council for Pepsi Cola. Dr. Nowicki met all deadlines, gave written report and several verbal discussions and recommendations.
16) Richard Asad, a minor vs Continental Airlines Corporation
The case involved carbon monoxide exposure to fetus and claimed birth defects. Dr. Nowicki read and commented on depositions. Dr. Nowicki provided a site-visit of the work space followed by a 3-day carbon monoxide industrial survey. Dr. Nowicki provided a literature search to provide needed background case information. After the initial site-visit Dr. Nowicki prepared a plan for a carbon monoxide industrial hygiene survey at a major U.S. airport and obtained approval of plaintiff and defendant legal staffs to execute the agreed testing services by Dr. Nowicki. Dr. Nowicki prepared reports, conducted field carbon monoxide tests, gave deposition and participated in Daubert hearing before the trial judge. The case was settled out of court favorably.
Dr. Nowicki worked on the case for two years. Dr. Nowicki provided on-site carbon monoxide monitoring, reviewed prior carbon monoxide industrial hygiene measurements made by outside groups, reviewed depositions, wrote reports and gave verbal discussions, gave depositions and participated in a Daubert hearing before the trial judge and opposing carbon monoxide experts.
15) Calgon Carbon Corporation vs FYEO Sterydine
The case involved a product infringement claim on an activated carbon application in a jewelry box product to retard gas phase corrosion of jewelry items.
Dr. Nowicki provided advanced testing services to dispute the claim – GAED test method to provide direct determination of activated carbon and heat-of-immersion for estimating remaining service time. Dr. Nowicki read all depositions and testing methods and coached the lead legal staff on the questions to ask at depositions. Dr. Nowicki provided a deposition and certification. The case was apparently settled out of court favorable to the defendant.
14) Contamination concerns for former industrial sites and waste disposal practices
Provided laboratory testing services for former industrial sites.
13) Remediation of MTBE in Drinking Water Supplies
12) Love Canal Citizens vs Occidental Petroleum Corp.
Dr. Nowicki worked on the defendant’s case for over two years as a quality assurance data inspector. Soils, waters, sediments, and air analysis were examined for their quality. This was a time of the early development of environmental analytical test methods. Dr. Nowicki was recognized for this Love Canal job by Occidental research directors because Dr. Nowicki was teaching an American Chemical Society course titled “Quality Assurance of Environmental Chemical Measurements.” Monthly reports and meetings were provided to Occidental Petroleum Corporation staff in Buffalo, New York and Washington, DC lawyers.
11) Polychlorinated Biphenyl Measurement
10) Occupational Exposure to Chemicals in Laboratories
9) Drinking Water Arsenic Remediation
8) Environmental Data Validation
7) Environmental Mold Health Effects
6) Carbon Monoxide Fetal Damage at a Major International Airport
5) KX Industries LLC
I worked for the plaintiff on a patent infringement case for the manufacture of carbon blocks. Our firm provided development of new test methods to prove the plaintiff’s point. Telephone conversations with legal staff and written reports were prepared. No deposition was given. The case was settled out of court.
4) Regional Citizens’ Advisory Counsel of Valdez, Alaska vs. Exxon
Provided data evaluation for the work conducted by a subcontractor. Bivalve mussel uptake and bioaccumulation of inorganic metals and target organic compounds. This project was for the plaintiff. Deposition was not given, only telephone conversations, internet correspondences, and written reports.
3) US Army vs. Samuel Sain
This case involved subcontractor performance of activated carbon adsorption system at Dugway Utah Army installation. I worked for the defendant. My task was to evaluate carbon choice and performance data. I provided depositions, lab work, and presented expert witness testimony to the Grand Jury in Pittsburgh, PA.
2) Citizen Group vs. Arizona Water Department
This case involved volatile organic compounds contamination of ground water and public drinking water. I worked for the plaintiff’s counsel. My task was evaluation of data quality, what the municipal water company should have done with state-of-the-art available resources. I provided workshop at the lawyer’s office and several reports. My deposition was not taken. Apparently, the case was settled favorably out of court. Since this case the City of Phoenix has installed state of the art GAC water purification.
1) City of Cleveland vs. ESE Inc.
This case involved installation of an activated carbon system at a municipal treatment plant which empties into Lake Erie. I worked for the plaintiff. Our firm (PACS) provided laboratory testing, which showed the municipal waste water had refractory activated carbon adsorbable organics. My deposition was not taken and the case apparently never went to trial. The case was settled favorably out of court.
PACS charges $270 per hour for office litigation support services, and $395 per hour for courtroom and related deposition legal services. PACS enjoys working on challenging scientific, computer and/or management problems.
During the last three decades the PACS President, Henry Nowicki, Ph.D./M.B.A. has been an expert witness in legal proceedings about 50 times. Dr. Nowicki and his team of experts have been applied to major environmental cases and cases involved with carbon applications. Dr. Nowicki has a career focus on environmental sciences and management. Dr. Nowicki provides workshops and short courses for scientists and lawyers. Please keep PACS in mind should you or your clients need unbiased technical consulting.
Dr. Nowicki is trained in activated carbon services industrial hygiene, toxicology, biochemistry, chemistry, and management. Dr. Nowicki has a Ph.D. in Biochemistry and a Masters in Business Administration
Send samples and postal inquiries to:
409 Meade Drive
Coraopolis, PA 15108
PACS provides testing, courses and consulting at the client’s time and place, and twice a year carbon conferences.
PACS Positions Available:
- Laboratory chemist for activated carbon group. Will train!
PACS has positions available for professional scientific service providers and has provided these services for over 38 years. PACS will accept proposals for short courses, consultants, activated carbon conference directors for focused conference subjects, and other needed services. New ideas are welcomed.
409 Meade Drive
Coraopolis, PA 15108