Mark K Goldstein, Ph.D.

Dr. Mark K Goldstein, Ph.D.

Quantum Group Investments LLC
11211 Sorrento Valley Rd., Suite Y
San Diego , CA 92121
Office: 858-531-4852
Fax: 858-566-9974

Introduction

The Quantum Group Inc. designs, manufactures and sells carbon monoxide life safety products including carbon monoxide sensors, ventilation controls, safety shut off controls, detectors and carbon monoxide alarms. Quantum Group recently spun out its forensic and expert witness consulting group to form Quantum Group Investments LLC (Herein Quantum). Quantum has a staff of qualified experts and associates, which supply the government, attorneys, and companies expert witness and forensic services. The resume of Quantum experts in other areas and their rates are available upon request. Quantum headquarters are at 2248 Del Mar Height Road Del Mar CA 92014 and other office at 6827 Nancy Ridge Drive San Diego, CA 92121-2233. Mark K. Goldstein, Ph.D. is founded Quantum Group Inc. in 1982 to provide world class forensic consulting services to the legal profession, insurance companies and large companies. Today Quantum Group develops, manufactures and sells carbon monoxide sensors, alarms and controls. Dr. Goldstein has been awarded over 30 US patents and has authored over 40 publications.


Areas of Expertise

  • Accident Investigation
  • Accident Reconstruction
  • Carbon Monoxide Poisoning
  • Chemicals
  • Environmental & Science
  • Explosions
  • Fire
  • Fuels
  • Hazardous Materials
  • Oil & Gas

Expert Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: Dr. Mark K. Goldstein, Ph.D. has a BS in chemistry from the University of Vermont and a Ph.D. with a major in chemistry from the University of Miami in Coral Gables, FL. Dr. Goldstein continues his education by taking courses from the Forensic Expert Witness Association (FEWA), National Academy of Forensic Engineers (NAFE) and International Association of Arson Investigators (IAAI)and others .

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: He is a former Director and current member of the Forensic Engineers Expert Witness Association, a correspondent of the National Academy Forensic Engineers (Affiliate),a member of International Association of Arson Investigators, the American Chemical Society (member) and founder of the Carbon Monoxide Safety and Health Association (COSHA) where he swerved as President for 10 years. Dr. Goldstein is a member of the STP Technical Committees for Underwriters Laboratory's UL2034 and UL2075, which are the carbon monoxide alarm, detector and sensor standards.
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Dr. Goldstein has spoken at numourous society conferences, at the DOE,international conferences, Japan, France, and taught chemistry at the University of Hawaii, University of Miami,FL, Indian Valley College, CA and has spoken before many groups and seminars. He was on the Ph.D. committee of a Ph.D. student at Stanford University and directed research of students at the University of NY at Stonybrook, while at Brookhaven National Laboratory.
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: Dr. Goldstein has been retained in more than 30 cases. Please see recent case herein and 6 selected case histories below.
Dr Goldstein's experience includes performing expert witness, forensic science consulting services in both criminal and civil litigations. Conducted investigations in personal injury and wrongful death cases, defended companies, managed large cases with specialized teams of experts. Provided accident reconstruction to determine cause, testified in numerous cases, and provided expert testimony before legislators and government officials making laws and standards for safety regulations.

Below are a few recent case highlights, please contact us for more references

Recent Cases

Residential Water Heater TX Home

Just before Christmas in 2010, two deaths and two serious injuries occurred in a town in south Texas at a private residence as a result of carbon monoxide poisoning from the water heater. Dr.

Goldstein determined in his Expert Report after inspection and accident reconstruction that the 2007 model water heater was the appliance that produced the copious amounts of carbon monoxide (CO). There were non-lethal levels of CO from March 16, 2007 to December 2010 when the appliance, as indicated above, was installed. This tragic and preventable incident resulted in the deaths of a husband and wife both 69 and the very serious injuries to two relatives visiting for the holidays.

Quantum Group Inc furthered the investigation and determined the cause. The water heater emitted very dangerous levels of carbon monoxide measured to be in excess of 22,000 PPM carbon monoxide (CO) on April 22, 2011. First we inspected the water heater and then observed the defendant’s experts conducting inspection and testing. This was followed by disassembly, which showed the flame arrester was clogged.

In summary this blockage of the flame arrester is one of the proximate causes of the deaths and injuries to the victims. In addition, the poor installation of the flue and vent system are also proximate causes. There are other contributing factors such as the missing air intake screen and the factors listed in Dr. Goldstein’s Expert Report including poor installation, improper combustion air vents in the room and improper venting of flue products all contributed to this tragic event.

Pool Heater TX Home


There was a tragic carbon monoxide incident on March 14, 2010 caused by an improperly installed pool and spa heater. The Pool and spa heater was installed in 2007. This preventable carbon monoxide (CO) exposure killed one child and injured two others. The parents were also seriously injured from carbon monoxide poisoning. After careful inspection and accident reconstruction it was learned that the water heater was a natural gas water heater but the fuel was LP gas.

During this investigation we demonstrated that the Pool and Spa Heater produced extremely high levels of carbon monoxide (CO) outside the closed windows in the master bathroom and shower. The CO appears to be migrating through or around the closed windows and walls on the first floor and second floors, through the vents to the attic and in the bathrooms and bedrooms on both floors, through the walls and windows. The CO migrated up as it is part of combustion products (hot gases rise like a hot air balloon) and collected in the attic by migrating through the soffit vents located in the eaves. The light Easterly wind on March 14 and 15 contributed to this carbon monoxide tragedy. This Pool and Spa Heater as installed was unreasonably dangerous and defective because it was wrong appliance. It should have been an LP Pool and Spa Heater. The improper installation of the wrong Pool and Spa Heater was one of the proximate causes of the death of the child and the injuries of the entire family. Other factors were also involved such as training, failure of a safety device, following codes and other details that might have prevented this death and very serious injuries with proper service from those asked to maintain the Pool and Spa Heater. The case settled.

Gas Cooking Equipment CA Home


The oven in a gas range had a propane adapter in a natural gas oven in a Southern California manufactured home. This led to the poisoning of an entire family. Fortunately they had a carbon monoxide alarm that went off to warn them of the danger. They survived. The gas oven product was defective. The oven was repaired and removed from the location. The occupants chose to use electric cooking equipment after that serious event. The case settled.

Generator Missouri RV

A father and his two teen age children died in their horse trailer on the way to buy some horses for the kids. They arrived late at night and used a

portable generator to power an electric heater. The carbon monoxide from the generator killed the father and his two children. There was one survivor. She was severely injured by the carbon monoxide and two 2 days to regain consciousness. The case settled.

Generator Texas Boat

This is a tragic case where the generator was used regularly to power a TV on one of the boats in the harbor. Never a problem before with this arrangement; however, now the generator was not functioning normally. It was producing over 100,000 ppm CO. A watchman started the generator on the dock about 12 feet away from the boat’s TV location. The winds were light and in the direction such that the CO was carried into the boat. The watchman was killed by carbon monoxide poisoning. The case settled.

Tractor Trailer CA


This is the case where the driver was overcome by carbon monoxide. Fortunately he was able to stop the truck just before he passed out. He suffers from long term carbon monoxide damage known as delayed neurological sequelae. The cause of the carbon monoxide was fixed and the truck was sold; however, the driver continues to suffer ill effects of the event. The case settled.

Explosion CA Criminal Case

A young college student was demonstrating a thermite reaction to his friends. They put some water on the reaction. There was a steam explosion because the thermite reaction produces heat with the sound of the explosion being witnessed by a school nearby. The student was arrested and charged with terrorism for making an IED (improvised explosive device). The police over reacted in my opinion. These materials were not explosives. He did not intend to make an explosive but produced one accidently. Fortunately he was not convicted of any crime but did require psychiatric monitoring for 90 days. No one was injured as they were smart enough to stay a significant distance from the reaction.

Q: For what area(s) of expertise have you been retained as an expert?
A: Mark K. Goldstein, Ph.D.
Dated Jan. 2011

Summary of 6 Expert Cases

1. Dr Goldstein managed a very large case involving a defective polymer that was sold to my client claiming it would withstand combustion gas exhaust from a mid or high efficiency residential furnaces for 20 years or more. After the pipe was installed in millions of homes, several carbon monoxide poisoning accidents occurred due to exhaust leaking from pipes due to the failure of that polymer. The Oil Company had to deal with many lawsuits from carbon monoxide poisoning. There were lawsuits brought in more than 10 states. This client decided to replace all of the installations at more than a one billion dollar cost. Then my client filed a lawsuit against the polymer manufacturer. During discovery Dr. Goldstein received a trailer truck load of documents in hard copy. After searching for a couple of years Dr. Goldstein identified the smoking gun: a hand written memo. This memo along with test data was all the proof the client needed to recover all their cost plus. This case settled on the court house steps just before trail was to start. The amount of the settlement was in excess of 2 billion dollars.

2. Dr. Goldstein has testified for the plaintiffs in a carbon monoxide (CO) accident that killed two, 6 months old, twin infants. The family lived in a low cost housing apartment in Eufaula, Alabama. The furnace was determined to be the cause of the CO after performing accident reconstruction. The data we gathered demonstrated that when the living room chair was placed flush against the air return, which was located just above the floor in the living room, carbon monoxide levels began to rise significantly. It was determined that there were defects in the installation and a defect in the furnace that contributed to the deaths of the twin baby boys and the injuries to their parents. The case settled in excess of 3 million dollars.

3. Dr. Goldstein gave deposition in a case involving a large recreational vehicle (RV). The RV was located next to the Indianapolis 500 just before the race. The victims were from Ontario, Canada and rented the RV in Canada. On the way to Indianapolis they were in a caravan of RVs and the victims made a wrong turn. They then proceeded to use the median section between the freeways to turn around so they could follow the caravan, which consisted of several RVs. They did not want to wait for the next exit to turn around, which turned out to be a fatal mistake. In the process of making this illegal turn they bottomed-out the RV severely damaging the exhaust system of the generator. In this case, the RV was rented to a dentist and 3 other men. After drinking and playing cards for a while after they arrived, one of them started the generator. The carbon monoxide alarm in the RV sounded an alert. Three of the men stayed in the RV and kept all windows closed as the alarm sounded for a long time arousing a neighbor. By this time, the fourth man left to do something else. The neighbor complained about the alarm and the dentist or one of his two companions removed the battery from the CO alarm. They ignored the alarm and later died from CO poisoning as a result. We determined that the alarm worked fine when tested. It was reported by the neighbor parked next to the victim’s coach that he heard the alarm going off for a long period during the day and went to see why. The dentist told him it was a false alarm and someone removed the battery. Shortly thereafter the neighbor remembered the alarm was silent. The source of CO was determined to be from the generator because of the damaged exhaust system caused the CO to leak into the RV. The case settled for a significant sum of money (over $10 million) considering the circumstances this was a very large amount of money. The lawsuit was filed in Riverside, CA because the manufacturer of the RV was headquartered in CA.

4. Dr. Goldstein’s Company defended a large oil Company in a class action gasoline leak case in a neighborhood in Colorado. The gasoline was determined to be leaking from the client’s gas station. The case involved modeling the gasoline and estimating the amount of benzene in the gasoline that could reach each home during the leak. It was estimated that the total amount of benzene reaching these homes was about equal to that a person would get from smoking two cigarettes. The plaintiff claimed that even though they were not seriously damaged by the chemical exposure they were emotionally stressed and upset therefore the Oil Company should pay. The real estate market for homes had crashed in this part of Colorado at the time. The client proposed to buy all the homes for 125% of market. The plaintiffs accepted the offer. Later these homes doubled in price and the Oil Company made money when they sold them.

5. Dr. Goldstein testified in an organic solvents case, which went to trial in Berkeley CA. The case involved a young and very pretty nurse as the plaintiff. She had a heart problem, which developed about the time that the hospital had carpeted the area where she was spending a great deal of time. Dr. Goldstein was hired by the defense in this case. The entire carpeting and ventilation was reproduced in order to measure the amount of toxic gases (total dose per day and peak levels were determined). Quantum Group determined that the plaintiff and other were exposed to xylene and toluene but at levels less than limits specified by OSHA. The claim was denied. Carpet adhesives comprise toxic hydrocarbons but not as toxic as years earlier when benzene was used. Benzene in this case was not detectable.

6. Dr. Goldstein testified in a carbon monoxide case in Northwestern Alabama in a single family home. Dr. Goldstein received photos of the person who was found on the bed. The victim’s legs were bent with his knees pointing upward and this did not seem normal for a CO victim that died in bed. Dr. Goldstein investigated the site during inspection and found the damage to the furnace exhaust system to be intentional. Later after working with the local coroner it was determined that the victim died in a sitting position and was moved into the bedroom after rigor mortis had set in. The exhaust system of the furnace had hammer marks. The CO levels were measured from the furnace and found to be serious but not fatal amounts. After the plaintiff’s were charged with murder they confessed that their relative had committed suicide and they then provided his suicide note. The plaintiffs were then charged with fraud. The lawsuit was found in favor of Dr. Goldstein’s client.

Mark K. Goldstein, Ph.D. Brief Summary of other Cases

Dr. Goldstein has conducted investigations in carbon monoxide poisoning, indoor air quality, hydrocarbon spills and leaks, lighting, plastic pipe, failure analysis, combustion, rocket fuel, explosives, pyrotechnics, adhesives, and other personal injuries and wrongful death cases. A more detailed list of some selected case histories are below:


Dr. Goldstein has testified in many carbon monoxide deaths in homes, apartments, RVs, boats, planes and the workplace.

Dr. Goldstein testified for a lady who fell in a lobby of a hotel, assessing the impact of marginal lighting in a large Hotel Lobby in Lake Tahoe.

Dr. Goldstein has defended companies in carbon monoxide cases on older RVs that had no CO alarms before such alarms were introduced to the RV market in 1990.

Dr. Goldstein testified in an organic solvents case, the carpet adhesive comprising toxic hydrocarbons and assessing the effect on people exposed to the carpet over time.

Dr. Goldstein gave expert testimony on The Health Effect of Carbon Monoxide before legislators and other regulators making laws to require carbon monoxide alarms in dwellings.

Dr Goldstein gave expert testimony before government officials, which compared the Health Effect from the Nuclear Fuel Cyc
Q: In what percentage of your cases were you retained by the plaintiff?
A: 75% for Plaintiff (recently)
Q: In what percentage of your cases were you retained by the defendant?
A: 25% for Defendant
Q: On how many occasions have you had your deposition taken?
A: Over 30
Q: When was the last time you had your deposition taken?
A: The last time was May 2013.

My deposition has been taken in well over 30 cases
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: More than 12
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: More than 12
Q: For how many years have you worked with the legal industry as an expert?
A: I have worked for 30 years in this industry but not as a full time expert, I have founded and run a non-profit Carbon Monoxide Safety and Health Association (COSHA) and Quantum Group Inc., where I have served as President and CEO since 1982.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Consulting, testing, reports, site inspection, accident reconstruction and anaylisis including explosives, CO poisoning, other poisonings as well as many chemical and mechanical problems. Quantum Group Inc. has other experts on staff or as associates in the areas of electronics and mechanical failure analysis,appliance engineering, toxicology of inorganic and organic compounds, nutitional spplements, manufacturing and quality control.
Q: What is your hourly rate to consult with an attorney?
A: $400.00 per hour except for accident reconstruction, which is $300 per hour and video deposition is $500 per hour



Q: What is your hourly rate to review documents?
A: $400.00 per hour
Q: What is your hourly rate to provide deposition testimony?
A: $400.00 except for video deposition the fee is $500 per hour
Q: What is your hourly rate to provide testimony at trial?
A: $400.00 except video use at trial the fee is $500 per hour because I need a video expert to make sure all video parameters are correct.
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Quantum bills travel and other related expenses at cost

Quantum has a $3000 non-refundable retainer to take a case.
Quantum provide gas appliance, mechanical, electrical and nuclear engineers and toxicologist and scientists.

Dr. Goldstein uses engineering technicians $75 per hour, mechanical engineers $185 per hour, gas engineer at $250 per hour and chemist at $200 per hour within Quantum to reduce billing cost for accident reconstruction, chemical sampling, analysis and related forensic activities for large cases.


References

Kenneth E. Siemens, ESQ. of Murphy, Taylor, Siemens & Elliott P. C.
St. Joseph. Missouri 64506
816 364-6677
www.MTSELAW.com

Trey Martinez, ESQ.
Trey Martinez and Tomas Tijerina
Law Office of Benigno (Trey) Martinez, PLLC
1201 E. Van Buren
Brownsville, TX 78520
956-546-7159
956-544-0602 Fax


Allison Margolin, ESQ.
Suite 660
8484 Wilshire Blvd.
Beverly Hills CA 90211
323 653 1850
allisonbrandi@MAC.com