Stuart Piltch, a county witness in the pension lawsuit whose claim to be trained by the CIA was denied by the agency, has withdrawn as a witness in the case, citing health concerns.
“The bad news is that Mr. Piltch’s doctor from the Harvard Medical School faculty has informed Mr. Piltch that his cancer condition is potentially life-threatening, prompting Mr. Piltch to withdraw as an expert in this case,” the county said in document filed Wednesday in federal court. It continued:
Mr. Piltch confidentially told the Plaintiffs he was diagnosed with cancer earlier this year. Until he withdrew, Mr. Piltch told the Plaintiffs he would stay in the case and testify at trial so long as his health permitted. Unfortunately, Mr. Piltch’s health worsened to the point where he could not proceed. The County and the Pension System regret to report this situation, as Mr. Piltch’s testimony would have aided the jury’s understanding of Mercer’s failings in its communications with Milwaukee County and the Employee Retirement System.
Piltch’s doctor wrote a note saying that Piltch has been diagnosed with non-Hodgkin’s lymphoma, but did not identify the variety of the cancer. He also did not say whether Piltch currently was under treatment for the disease. The doctor, Kenneth Falchuk, did say that Piltch is being treated for chronic viral illness and cardiac disease.
The county is suing Mercer Human Resource Consulting Inc., a former pension adviser, for its role in creating hugely generous benefits that led to the pension scandal that ousted County Executive Tom Ament and several supervisors from office.
Mercer portrayed Piltch as a key county witness; the county denied that. Argued the county:
Mr. Piltch’s withdrawal does not diminish Plaintiffs’ ability to successfully try this case. Contrary to Mercer’s assertion that Mr. Piltch was “the key actuarial expert hired by the Plaintiffs”, the Plaintiffs key actuarial experts are now, and have always been, Kim Nicholl and Gene Kalwarski, both of whom submitted reports concerning Mercer’s failure to act as a reasonable actuary, calculated the Plaintiffs’ damages, and will testify at trial to the gross deficiencies in Mercer’s actuarial work and the harm it caused the Plaintiff.