Health Clubs / Exercise & Fitness Centers Expert Witnesses: 7

David Harlowe is the Founder and President of The Sport Management Group, Inc. (SMG), a nationally recognized Risk Management Expert with 28 years of dedicated service in the Athletic, Fitness, and Recreation Industries. He is an accomplished professional known for conducting safety audits, risk assessments, and developing strategies for numerous organizations, including the Atlantic Coast Conference. 

David has personally performed over 3,500 safety audits on athletic and fitness facilities and has performed over 14,000 risk assessments nationwide. With a vast range of expertise and a commitment to safety, he has made a significant impact in the field of risk management. 

Litigation Support - David has been retained as an expert witness in over 40 cases nationwide. His services are available to attorneys for plaintiff and defense and is well-acquainted with the American College of Sports Medicine (ACSM) guidelines.

Areas of Expertise:

Career Highlights:

• Manages over 500 independent field inspectors around the country
• Authored various safety manuals and training programs designed for athletic directors, health club owners and managers
• Created and currently maintains a website, https://facilityriskservices.com, a 24-hour resource for facility owners and staff members
• Developed risk management websites specifically for the athletic, fitness and recreation industries
• Conducts risk management lectures at local universities and colleges
• Developed an E-Learning Program specific to the athletic and fitness industries
• Authored “Fitness Center Safety” chapter in Risk Management in Sports, Second Edition, edited by Herb Appenzeller.

Douglas Baumgarten, M.S., offers consulting and expert witness services related to Fitness, Health Clubs, Exercise Equipment, Personal Training and Sports. Mr. Baumgarten is a graduate of Harvard University and California University of Penna. (M.S. Exercise Science). He is a certified Health/Fitness Director (Amer. Coll. of Sports Medicine), Performance Enhancement Specialist, Medical Exercise Specialist, Bike Fitter, cycling coach, and baseball/softball official.  He is a former Adjunct Professor of Health and Fitness Management at Marymount University.

Mr. Baumgarten has over 40 years in the fitness industry, as personal trainer, manager, consultant, equipment dealer, President of a large fitness company, and owner of SportFit Consulting. He has contributed to Fitness Management magazine, Boardroom magazine, Club Management magazine, and other publications.  

Litigation Support -  Mr. Baumgarten has over 18 years of experience as a legal expert, on cases from equipment accidents to health club employee conduct. He works with both plaintiffs and defendants, and has testified in federal, state, civil and criminal courts.  Douglas Baumgarten has the experience and expertise to assist in cases involving:

View Douglas Baumgarten's Consulting Profile.

Pool Operation Management (POM), founded in 1980, is an Aquatics Safety and Risk Management firm that is nationally recognized for pool consulting services including liability and risk management, compliance with governmental regulations, facility operations, mechanical questions, and personnel requirements. Trevor A. Sherwood II has extensive experience in the swimming pool industry, with 30 years of experience in service, consulting, training and education, code/regulations development, and expert witness. He has contributed to aquatic textbooks and related articles, influenced State Recreational Bathing Codes, and presented at national industry conferences. He has provided leadership to such organizations as National Swimming Pool Foundation (NSPF), Northeast Spa & Pool Association (NESPA), Community Association Institute - New Jersey Chapter (CAI), New Jersey Apartment Association (NJAA), New Jersey Parks and Recreation Society (NJPRS), Pennsylvania Parks and Recreation Society (PRPS) and New Jersey and Massachusetts Health Departments. He has been retained by attorneys for both Plaintiff and Defense. Mr. Sherwood's extensive swimming pool consulting experience qualifies him to appear in court on the following matters:

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Dr. Michelle Wolpov is an Orthopedic and Sports Physical Therapy Expert with over 35 years of experience in her field.  Dr. Wolpov is a licensed Physical Therapist, with a Bachelor of Science Degree in Physical Therapy from Ithaca College (Ithaca, NY 1987), a Doctorate Degree in Physical Therapy (DPT) from EIM Institute of Health Professions (2011), and a master’s degree in business (MBA). She has treated patients in her own outpatient orthopedic and sports physical therapy practice founded in 2002 and located in Manalapan, NJ.

Litigation Support - Dr. Wolpov has worked as an Expert Witness in the field of Physical Therapy for both plaintiff and defense attorneys in over 26 states, and has handled over 200 cases since 2005. Offerings include: litigation consulting, standards of care, research and investigative activities, affidavits of merit, opinion reports, expert witness testimony and depositions, and court appearances.

Areas of Expertise:

Dr. Wolpov has worked in various types of clinical settings including hospitals, home care, assisted living, and sub-acute care, with the majority of time spent in outpatient facilities. More specifically, she has worked with patients of all ages, having orthopedic and sports injuries, to those suffering from neurological conditions, or who have had a work or motor vehicle related injury. 

Dr. Wolpov has written many policies and procedures on the safe handling of post-op patients, and has reviewed best practices for rehabilitation of patients following orthopedic surgery. In addition, she has been closely affiliated with the Hospital for Special Surgery as part of their Rehab Network.

Laura Miele, PhD, CST-2, is a Sport, Fitness, and Education Expert with over 30 years of experience in various aspects of sport, fitness, and physical activity including the education, training, and supervision of athletes. Dr. Miele is a Nationally Certified Accredited Interscholastic Coach through the National Federation of State High School Association (NFHS) and has 14 years of physical education experience, (Pre-kindergarten-12) within multiple states across the country.  

Background Experience - Dr. Miele played Division I basketball at Arizona State; was Tight End for the Arizona Caliente, of the Women’s Professional Football League; and was also a New York Golden Gloves semi-finalist in 2004. She began coaching athletes in 1986 and has been involved as a personal exercise and fitness trainer since 1994.  She has traveled extensively throughout the United States and Europe as an athlete and coach and has been involved in consulting, coaching and teaching a wide range of sports including but not limited to; Basketball, Gymnastics, Volleyball, Softball, Baseball, Football, Archery, Bowling, Figure Skating, Hockey, Boxing, Wrestling, Field Sports, Golf, Soccer, Swimming, Track and Field, and Tennis. 

Dr. Miele is a level 2 Certified Service Technician for the International Association of Trampoline Parks. She serves on the Sports Equipment, Playing Surfaces, and Facilities Committee and currently serves and assists on the task force that is in the process of creating the standards for Amusement Challenge Areas. She has given numerous presentations on the topics of sport injury prevention as well as supervision and safety in Amusement Challenge Courses / Trampoline Parks Risk Management.

Litigation Support - Dr. Miele is an expert in fitness, sport and recreation with specific expertise in sports psychology, coaching, recreation, personal training, fitness facilities management/operations, and injury prevention. She is an accomplished athlete as well as an experienced trainer, coach and teacher. She provides expert witness services to attorneys for both plaintiff and defendant. Her services include thorough reporting, depositions, and trial testimony as needed. 

Dr. Miele has relevant experience in the proper teaching standards required by the National Association for Sport and Physical Education (NASPE) for the:

• Proper Supervision Before, During, and After School
• Skill Progression and Instruction
• Proper Use of Safety Equipment
• Practices related to the Role and Responsibilities of Teachers and Administrators  

Areas of Expertise:

• Fitness Facility Operations including Personal Training, Supervision, Risk Management, and Injury Prevention
• Physical Education, Sport and Recreation-Risk Management
• School / Teacher Supervision-Playground-Recess
• Proper Coaching Training Practices and Procedures in Sports
• Gymnastics, Trampoline Parks / Amusement Challenge Courses
• Emergency Preparation and Response in Schools, Fitness and Sport Facilities

Harvey C. Voris’ entire engineering career has been devoted to the Fitness Industry. He has over 35 years of Fitness Equipment Design experience and has been issued 7 U.S. utility patents. Mr. Voris has a Bachelors of Science in Engineering from UCLA with a specialization in Bio Structural Mechanics. 

Mr. Voris' Masters in Engineering is from Cal State Long Beach where he specialized in Fatigue and Failure Analysis. He has spent 21 years devoted to the development and promotion of safety standards for the fitness industry. Mr. Voris has authored numerous standards and has chaired the ASTM committee devoted to fitness standards development since 1995. 

Litigation Support - Mr. Voris provides engineering analysis and accident reconstruction related to consumer and fitness products and facilities. His services are available to attorneys representing both plaintiff and defense. With 35 years of experience, a biomechanics background, and extensive experience in design and product testing, Mr. Voris speaks with authority on the following critical issues:

Product Liability - Patent Development - Patent Infringement - Facility Risk Management - Standards Compliance

View Harvey Voris' Consulting Profile.

Dr. Theresa A. Schmidt, DPT, is an expert Orthopedic Physical Therapist with 35 years of clinical expertise and over 10 years of academic experience.  As an Approved Provider of continuing education for NY State Boards of Physical Therapy and Massage Therapy, and for the National Certification Board of Therapeutic Massage and Bodywork, Inc., (NCBTMB), she updates clinicians internationally on clinical practice guidelines, standards of care, examination and management of injuries, disease, movement impairments and disability.

Litigation Support - Dr. Schmidt offers expert witness services to attorneys representing plaintiff and defense. She is dedicated to providing the latest evidence-based assessment and interventions to support functional outcomes. Dr. Schmidt offers meticulous, objective review of medical records and documentation.  She is an excellent communicator, engaging presenter, and expert orthopedic physical therapist with clinical, academic, and professional speaking experience.

Areas of Expertise:

Educise Education, Health and Wellness with Dr. Schmidt, DPT

Background Experience - Dr. Schmidt has been in private practice physical therapist for over 30 years. She has presented for American Physical, Occupational and Massage Therapy Associations, NASA Inomedic Health, Cleveland Clinic, Johns Hopkins, Vanderbilt Medical, Wake Forest, private companies and medical centers across the US.

View Dr. Theresa A. Schmidt's Consulting Profile.