Mayotte M. Jones v. Metro West, Inc.
In this case, on behalf of the defense, Dr. Bursztajn performed a forensic
psychiatric evaluation of the plaintiff's claim of Multiple Chemical
Sensitivity-induced impairment. In its favorable ruling, the court
cited Dr. Bursztajn's expert report critiquing the diagnostic reasoning
relied upon by the plaintiff's treating physician. Dr. Bursztajn's
nuanced approach to diagnostic evaluation was held up as a model.
In MCS cases, malingering, misattribution, and sick role motivation
for symptom presentation need to be ruled out prior to settling on
an MCS diagnosis in the context of litigation.