Dr. Thomas J. Berger

Heart of the Matter Expertise
2451 Brickell Ave., 12-C
Miami, FL 33129
Web Site
Phone: 786-908-2438
Dr. Thomas J. Berger

Dr. Thomas J. Berger, became board certified as a cardiac surgeon by the American Board of Thoracic Surgery in 1981 and has been involved, as an expert, in over 300 medical malpractice cases. His areas of expertise include cardiac surgery, cardiology, thoracic surgery, general surgery and cardiovascular surgery. Dr. Berger has particular expertise and experience in litigation involving traumatic rupture of the aorta, phrenic nerve injury with diaphragmatic paralysis, and delayed or missed diagnosis of either myocardial infarction or aortic dissection.

Even as a medical student, at Tufts University, in Boston, Dr. Berger knew he wanted to be a heart surgeon. He spent four months of his senior year in Houston, Texas, where he scrubbed with Dr. Michael DeBakey and also trained with Dr. Robert D. Leachman, cardiologist to Dr. Denton Cooley.

After medical school, Dr. Berger spent seven years in general and cardiac surgery residencies and research, with his internationally revered mentor, the late Dr. John Kirklin. Dr. Kirklin pioneered open heart surgery as the first surgeon ever to operate routinely with a heart-lung machine. Before completing his training, Dr. Berger contributed to the writing of Dr. Kirklin's widely respected textbook, Cardiac Surgery. Dr. Berger's work on this text is acknowledged in writing in its first edition.

After completing his training, Dr. Berger served his country for two years as a staff cardiac surgeon, at the Naval Regional Medical Center, in San Diego, where he was awarded the Navy Achievement Medal for, “Displaying exceptional technical skill in the field of open-heart surgery.” While in the Navy, Dr. Berger also served as a Clinical Assistant Professor in the Department of Cardiothoracic Surgery at the University of California in San Diego.

In 1980, Dr. Berger started his own heart surgery program in a small town in Montana, where heart surgery had never before been done. He helped to design the operating room and ICU, from the blueprint stages; trained nurses and technicians, who had never treated heart surgery patients before; and set up “patient management programs” to assure consistency and excellence. Such standardization of care did not come into general use, as “care paths,” until decades later.

By 1990, the program Dr. Berger had started was recognized in the Wall Street Journal as being tied for the lowest mortality in the nation, for Medicare coronary bypass patients.

In 1997, Dr. Berger returned to academic medicine, as Chief of, not only cardiac surgery but all surgery, at a Duke affiliated hospital, where he held the academic appointment of Associate Consulting Professor of Surgery, with Duke University. In this position, Dr. Berger was responsible for the training of Duke residents and fellows, in cardiac surgery and other surgical sub-specialties, when they rotated through his hospital.

Due a medical problem with his vision, Dr. Berger is no longer in the active practice of cardiac surgery. He continues, however, to put his education, training and experience to good use assuring that the truth is uncovered and understood in every case in which he becomes involved. Dr. Berger has also taken a strong stand within the medical community for an ethical approach to expert witness testimony, which will not compromise the right of any injured person to legal redress.

For more information about Dr. Berger and Heart of the Matter Expertise please visit our website at heartofyourcase.com, or call our office at 786-908-2438. See for yourself why our motto is:

VERA QUARERENDA, INVENIENDA, TESTIFACANDA . . .

SEARCHING FOR THE TRUTH, FINDING THE TRUTH AND TESTIFYING TO THE TRUTH

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: See my CV.

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: See my CV.

Q: Please list any teaching or speaking experience you have had, including subject matter:
A: See my CV.

Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No

Q: On how many occasions have you been retained as an expert?
A: Over 300

Q: For what area(s) of expertise have you been retained as an expert?
A: Cardiac surgery
Cardiology
Thoracic Surgery
General Surgery
Cardiovascular Surgery
Traumatic rupture of the aorta
Aortic dissection - diagnosis and Rx
Phrenic nerve injury with diaphragmatic paralysis
Chest pain evaluation
PhenFen Litigation

Q: In what percentage of your cases were you retained by the plaintiff?
A: 99%

Q: In what percentage of your cases were you retained by the defendant?
A: 1%

Q: On how many occasions have you had your deposition taken?
A: Many

Q: When was the last time you had your deposition taken?
A: Recently

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: Many

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: Many

Q: For how many years have you worked with the legal industry as an expert?
A: Over a decade

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Free initial phone consultation Medical record review (with written report when requested) Depositions Trial testimony

Q: What is your hourly rate to consult with an attorney?
A: Fee schedule available on request.

Q: What is your hourly rate to review documents?
A: Fee schedule available on request.

Q: What is your hourly rate to provide deposition testimony?
A: Fee schedule available on request.

Q: What is your hourly rate to provide testimony at trial?
A: Fee schedule available on request.

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Fee schedule available on request.

References

Edward Ruffo
Dankner, Milstein & Ruffo
The Fuller Building
595 Madison Avenue - 36th Floor
New York, New York 10022
(212)751-8000
www.danknermilstein.com
(letter of rec. available on request)

W. Thomas Causby
Causby Law Firm
108 Oak Park Drive
Suite C
Irmo, South Carolina 29063
tom@Causbylaw.com
(letter of rec. available on request)

Publications