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.