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Catastrophic                                                              Cutting-Edge Strategies for
Catastrophic                                                              Cutting-Edge
Main Conference Day One
    Tuesday, May 19, 2009
Main Conference Day Two
    Wednesday, May 20, 2009
            Registration & Coffee                                     ...
Dinner Workshop                                                               Tuesday, May 19, 2009

      6:00 p.m. – 8...
International Quality & Productivity Center
                    REGISTRATION CARD                                        5...
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Litigating Catastrophic Injury Cases Dpt


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*Medical developments in Catastrophic injury
*Application of vocational rehabilitation & Forensic economics.
*Discover Proven Strategies to advance your case for both Plaintiff & Defendants.

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Litigating Catastrophic Injury Cases Dpt

  1. 1. Litigating Catastrophic Cutting-Edge Strategies for Success in a Changing Time Injury Cases TM May 19-20, 2009 • Boston, MA SAVE UP TO $400 WHEN YOU REGISTER BY APRIL 10th Back by popular demand! Thanks to the popularity of our first two medico-legal events, Hear From we’re back with even more speakers and cutting-edge advice! Distinguished Organizations: Dramatically Strengthen Your Medico-Legal Knowledge: Gair, Gair, Conason & Mackauf • Gass Weber Mullins • Find out about cutting-edge techniques to successfully litigate your case • Harvard Medical School • Hear about the latest medical developments in catastrophic injury • Massachusetts General Hospital • Understand how to apply the medical information to an effective case • Fireman Wolfe • Receive the latest information on expert evidence • Effectively apply vocational rehabilitation and forensic economics to the case Galloway, Lucchese, Everson • • & Picchi Discover proven strategies to advance your case for both plaintiffs and defendants • University of Toronto • Medical School A Special Thanks to Our Expert Advisory Board: Koskoff, Koskoff & Bieder • Johnson & Bell Limited • J. Ric Gass John W. Bell Senior Partner, Gass Vice President Frost Brown Todd • Weber Mullins LLC Johnson & Bell Ltd. Paul Lee Barristers & Solicitors • Robert L. Conason Jack J. Fireman, Q.C. Spaulding Rehabilitation Hospital • Senior Partner Senior Partner Ramsdale & Associates, Inc. • Gair, Gair, Conason, Fireman Wolfe LLP Steigman & Mackauf Lyndhurst Center • Tinari Economics Group • David R. Lucchese Media Partner: Howland Health Consulting Inc. Senior Partner • Galloway, Lucchese, Rehabilitation and • Everson & Picchi Re-Employment Inc. CLE CREDITS AVAILABLE Atlas Settlement Group, Inc. • Register Today! Call Dhaval: 416.597.4754 or e-mail:
  2. 2. Litigating Catastrophic Cutting-Edge Strategies for Injury Cases Success in a TM Changing Time Dear Colleague, If you are involved in litigating catas Who you can meet: trophic injury claims, this conferen ce is truly worth its weight in gold. Plaintiff and defense personal • Why? Catastrophic injury claims alwa ys pose particular problems for prac injury lawyers (United States titioners. There is an enormous amount of money hang ing in the balance and the medicine in traumatic brain and and Canada) spinal cord injury is changing dram atically, particularly in the past year. Every practitioner needs to be completely up-to-date in how that medicine can be used to adva Medical Malpractice Insurance • nce - or defend - their claims. After all, it is that medicine , and the ability to apply it strat and Re-Insurance Claims egically, which ultimately determines the amo unt of damages awarded to an injured person. managers, VPs of claims and That is why Legal IQ and IQPC have Claims Examiners put together LITIGATING CATASTRO PHIC INJURY CASES, a rather unique and very advanced program in Boston on May 19-20, 2009. In-house counsel • You will hear from some of the fines t American and Canadian litigators, Independent insurance giving you unparalleled • access to the best strategists imag inable. adjusters The chairs of the program are two highly seasoned veterans. One of Risk managers them, Robert Conason, is • a member of the Inner Circle of Advo cates, the prestigious organization that is made up of the top 100 American plaintiff counsel. The other chair, Ric Gass, is a color Traumatic Brain Injury • ful speaker and one of the best defense lawyers in the Unite d States. Specialists Every single lawyer on the agenda - both plaintiff and defense - has Forensic Loss Economists • been specifically selected for the vast expertise and skill that they bring to the litigation of catas trophic injury cases. We also have two of Canada’s top plain Rehabilitation Specialists tiff and defense lawyers who will • bring their own and highly unique perspective. When you add the prestigious and internationally recognized physician s and the other cutting- edge specialists on vocational reha bilitation, economic damages and Earn CLE Credits! structured settlements, you have a program that will more than equip you to handle these cases in the volatile and changing litigation atmosphere of 2009. IQPC will seek CLE accreditation in those With so much money at stake for everyone involved in catastrophic states requested by registrants (post injury cases, both American and Canadian professionals will have access to the most up-to-date infor mation available conference) which have continuing anywhere. education requirements. This is subject I look forward to meeting you in Bost on! to the rules, regulations and restrictions Kindest regards, dictated by each individual state organization. Application for Maximize your learning accreditation of this course or program experience by attending in all CLE approved states is currently our interactive dinner pending. workshop! See Page 5 Fred Sagal, M.A., LL.M Conference Director, IQPC for more details. Register Today! Call Dhaval: 416.597.4754 or e-mail: 2
  3. 3. Main Conference Day One Tuesday, May 19, 2009 Novel Strategies in Using the Right Experts Registration and Coffee 1:15 7:30 Having the right experts is imperative. In this presentation by two prominent Introductory Remarks from the Co-Chairs American lawyers—for both plaintiff and defense--discuss the keys to the 8:30 presentation of an effective case by using the right experts: Robert L. Conason, Senior Partner, GAIR, GAIR, CONASON, STEIGMAN & What specific types of experts should be retained for evaluation of the issues in MACKAUF (New York) • these cases? J. Ric Gass, Partner, GASS MULLINS & WEBER (Milwaukee, WI) The experts required on the issues of damages • The Important New Trends and Strategies in Catastrophic Properly using forensic economists 8:45 • Injury Litigation Effectively using life care planners for future damages: • Making effective use of a psychiatrist in brain injury cases The art and science of litigating catastrophic injury cases have evolved quickly, • Getting the most out of brain and spinal cord injury rehabilitation experts especially since medical advances have made an enormous difference to the • Assessing the credibility of the opposition experts outcome of a case and the damages that can be sought. Get a comprehensive • The cross-examination of the expert witness overview of the latest trends and new theories in brain and spinal cord litigation • For the Plaintiff: William M. Bloss, Partner, KOSKOFF KOSKOFF & from Ric Gass, an award-winning speaker and one of the foremost defense BIEDER (Bridgeport, CT) personal injury attorneys in the United States. He will share his extensive For the Defense: Brian Cahill, Partner, GASS WEBER & MULLINS experience including: (Milwaukee, WI) What do lawyers look for in the presentation—and defense—of these cases? • How can lawyers increase their ability to present these complex cases? • How to Effectively and Strategically Deploy Vocational 2:30 What plaintiff lawyers often do wrong and what they should do to improve their • Evaluations in Catastrophic Injury Litigation cases? Vocational evaluation is highly critical to a damage award—but It can be tricky. Verdicts from across America: what kinds of numbers have brain and spinal cord • How does one evaluate the vocational potential of an injured victim? In this injury cases settled for—and why? stimulating discussion by a highly experienced and veteran private vocational expert, What’s the new on jury verdicts in the field? • you will learn: Update on the most recent legal developments • Why employment assessments are so vital for the conduct of the case J. Ric Gass, Partner, GASS MULLINS & WEBER (Milwaukee, WI) • What must be in the assessment? • How the Advances in Medicine Are Changing Traumatic Brain How to deploy the assessments effectively in brain and spinal cord injury cases 9:45 • Injury Litigation Hiring the correct expert and knowing what to look for in the weakness the • opposition expert No attorney, whether plaintiff or defendant, can properly represent a client in a What should be done to maximize or minimize damages by the use of these traumatic brain injury case without gaining a clear understanding of the medicine. • experts? In this must-attend presentation, a leading specialist will discuss what is known At what point in time should the reports be authorized? about the brain, exploring the critical medical issues, which are an absolute • The factors many lawyers often miss that must be covered necessity for the litigators who take on these cases. Find out: • Dr. Amy E. Vercillo, President, REHABILITATION AND RE-EMPLOYMENT, INC. What kinds of forces cause traumatic brain injury? • (Boston, MA) What is known about the brain? • Recognizing brain injury • Mid-Afternoon Refreshment Break 3:30 - Co-morbid factors - Pre-morbid evenness versus post accident liability How to Gain Maximum Advantage from the Life Care Planner 4:00 Defining traumatic brain injury • Life care assessments will dramatically enhance the presentation of a brain or spinal How to interpret data from medical records • cord injury case. What can they accomplish? And how can they be effectively The value of subjective v. objective evidence • deployed in the litigation? Whether you are a plaintiff or defense counsel, you will - Why the loss of consciousness is so significant and what it means gain a decided advantage by hearing Wendie Howland, a prominent American life - Studying the duration of the amnesia care specialist. She will give you all the tips and secrets she has learned along the - The significance of early post-accident complaints way in order to deploy life care assessments to full use: - Imaging studies (CT, MRI and SPECT scan) How home assessments are so important to the case Who are the best experts in the initial assessment and investigation? • • Understanding exactly what they accomplish Dr. Christopher G. Carter, Director, Behavior Medicine, Traumatic Brain Injury • What type of experts to use in the assessments Program, SPAULDING REHABILITATION HOSPITAL • What must you look for in conducting an effective assessment? Assistant in Psychology, Department of Psychiatry, MASSACHUSETTS • Interpreting and analyzing the assessments for maximum advantage GENERAL HOSPITAL • What to look for in a critical analysis of the opposite report Clinical Instructor, Psychology, HARVARD MEDICAL SCHOOL (Boston MA) • What should be fertile grounds for cross-examination of the other side’s witness? • Morning Networking Break Wendie Howland, RN, MN, CRRN, CCM, CNLCP, Principal, HOWLAND HEALTH 10:45 CONSULTING INC. (Pocasset, MA) The Legal Consequences of Using Current Medicine in 11:15 How a Forensic Accountant Can be Deployed For Maximum Value Spinal Cord Injuries 4:45 Properly deploying a forensic economist is essential for a complete demonstration of In this presentation, led by a world-class outstanding spinal cord injury specialist, damages. It is a step sometimes overlooked by some attorneys. But, if you want to learn what constitutes a spinal cord injury, how it is classified, its effects and the obtain a full and complete calculation of the damages—on both sides—it is treatment. By understanding how the injury affects a victim, you come away with a absolutely essential to have your experts work with a forensic economist. In this comprehensive grasp of what’s involved in this complicated field of medicine to presentation, led by economic loss expert Kristin A. Kucsma, a seasoned veteran of effectively put together your case. You will learn: forensic work, you will learn: What is the physiology of a spinal cord injury? • How to choose the correct forensic economist for your case Sequelae of a spinal cord injury • • What the forensic economist does How the location and severity of the injury affects the body • • Unique calculations for lost profits and lost wages How the recent medical breakthroughs affect claims • • How to enhance your damages—if you know how to use the economist properly Determining life expectancy rates • • How to have the experts on life care and vocational assessments work with the Occupational status: what does the future hold? • • forensic economist Effect on lifestyle and marital status • Gaining the most out of your damages Dr. William O. Geisler, Former Director, Rehabilitation Institute, • Kristin K. Kucsma, Economic Loss Expert, TINARI ECONOMICS GROUP LYNDHURST CENTER (New York, NY) Professor Emeritus (Rehabilitation Medicine), UNIVERSITY OF TORONTO MEDICAL SCHOOL (Toronto, ON) 5:45 Conference Day One Ends Networking Lunch 12:15 3 Media Partner:
  4. 4. Main Conference Day Two Wednesday, May 20, 2009 Registration & Coffee Defense Strategies where the Plaintiff has a Previous 8:00 12:15 History of Depression and Other Prior Injuries Co-Chairs’ Opening Remarks 8:45 In this presentation, find out how John Bell, one of the top personal Robert L. Conason, Senior Partner, GAIR, GAIR, CONASON, STEIGMAN & injury defense lawyers in the U.S., deals with previous injuries that can MACKAUF (New York) often cloud the case for damages. This is a rare opportunity to watch an J. Ric Gass, Partner, GASS MULLINS & WEBER (Milwaukee, WI) exceptional defense counsel as you learn: How to find out about previous injuries from every conceivable source • The Secrets of Putting Together an Effective Plaintiff’s 9:00 How to deal with the injuries positively—if you’re plaintiff’s counsel— • Catastrophic Injury Case and how to attack them if you are on the defense It is a real art to put together a complex traumatic brain or spinal cord Dealing with the plaintiff at trial: how should the injuries be • injury case. Most of these cases usually boil down to a question of presented? damages. In this fascinating presentation, you will learn how to do that. How defense counsel should cross-examine on the injuries and present • You hear from Robert L. Conason, one of the country’s finest plaintiff them to enhance the defense position attorneys who is member of the Inner Circle of Advocates (the 100 best John W. Bell, Vice President, JOHNSON & BELL LTD. (Chicago, IL) plaintiff counsel in the U.S.). You will also hear from Jack J. Fireman, Q.C., one of Canada’s most prominent and colorful plaintiff counsel. This is a Networking Lunch 1:00 must-attend session addressing: How does plaintiff’s counsel realistically budget a brain or spinal injury • How the Defense Can Effectively Mitigate a Plaintiff’s 2:00 cord case that comes into the office? Damages The importance of retaining qualified consultants for the plaintiff • There are definite strategies that a good defense lawyer can use to How to effectively lay the foundation for an thorough claim • mitigate the damages. In this presentation by prominent defense lawyer assessment: Kevin Schiferl, who has had extensive experience in this particular field, - Non-medical barriers to functioning (i.e. failure to cope) you will find out: - Treatment efficacy and implications Insurance policy requirements that the insured seek “reasonable” or • - Evaluating the sources of data “appropriate” medical care: what does that really mean in a traumatic - Functional Capacity Evaluation brain or spinal cord injury? - Physical Demands Analysis What exactly constitutes “reasonable” or “appropriate” care for the • What a good defense lawyer will lay on your plate - and how to • victims of these injuries? counter it Invasive v. non-invasive procedures and treatments • Preparation for depositions: What exactly is needed to do it right? • The duty to upgrade educational and vocational skills • Special considerations involved in traumatic brain and spinal • - How much can realistically be expected from a brain-damaged injury cases victim? Robert L. Conason, Senior Partner, GAIR, GAIR, CONASON, STEIGMAN - What effort can be expected from a spinal cord injury victim? & MACKAUF (New York) How can loss of opportunities be minimized? • Jack J. Fireman, Q.C., Senior Partner, FIREMAN WOLFE (Toronto, ON) Obligation to take part-time employment: how important is it? • Pros and cons of terminating benefits when the insured refuses to • Morning Refreshment Break 10:15 engage in any rehabilitation Kevin C. Schiferl, Member, FROST BROWN TODD LLC (Indianapolis, IN) Cutting-Edge Strategies for Defending a Catastrophic 10:45 Injury Case Why Structured Settlements Are So Effective in a 2:45 Knowing how to put together a strong defense in a traumatic brain injury Tumultuous Economy or spinal injury case can be a difficult task at best. Faced with a Should structured settlements be used in a tumultuous economy? In this sympathetic plaintiff who has suffered severe injuries, how should such a presentation, led by two prominent and experienced national structured defense be mounted? What are the factors that should be considered? settlement experts, hear two highly informative, but different perspectives And what experts should be called? How should the plaintiff’s witnesses that will make the situation clear. You will learn: be cross-examined if the case goes to trial? In this must-see presentation, What security features do structured settlements offer that many • hear David Lucchese, an outstanding veteran California defense lawyer attorneys don’t know? and Paul Lee, the dean of Canada’s defense counsel, as they discuss: Why smart plaintiff lawyers insist on having their structured settlement • The factors to consider in effectively defending a catastrophic case • advisor and use them as more than “order takers.” Identifying multiple defense theories and strategies • Commutation Riders - a frequently overlooked but critical piece • How to prepare for and conduct a strong deposition—what to consider • Reversionary interest - might this be the key to settling a particularly • Common diagnostic errors in the plaintiff’s files—and how to • difficult case spot them Confidentiality and taxable damages: are attorneys “doing it right?” • Avoiding the common errors in the defense of a brain and spinal • Should either attorney care if a structure isn’t offered or discussed - • cord injury and what might the fallout be? Reducing damages: what strategies should be used? • Why insurance companies and defense lawyers want to structure - and • The mistakes that must be avoided • what both sides might look out for to gain strategic advantage Paul A. Lee, Q.C., Senior Partner, PAUL LEE BARRISTERS & For the Plaintiff: Kelly Ramsdale, President, RAMSDALE & SOLICITORS (Toronto, ON) ASSOCIATES, INC. (Denver, CO) David R. Lucchese, Senior Partner, GALLOWAY, LUCCHESE, EVERSON & For the Defendant: Charles D. Joyner, Founding Principal and President, PICCHI, P.C. (Walnut Creek, CA) ATLAS SETTLEMENT GROUP, INC. (Atlanta, GA) 3:45 Closing Remarks from the Co-Chairs 4:00 Conference Ends Register Today! Call Dhaval: 416.597.4754 or e-mail: 4
  5. 5. Dinner Workshop Tuesday, May 19, 2009 6:00 p.m. – 8:45 p.m. Dinner to be served How to Effectively Handle a Catastrophic Injury Case: Lessons from the Finest It is difficult to litigate a traumatic brain or spinal injury case. It What we will cover: requires the utmost skill and knowledge in all areas of personal injury How a plaintiff’s attorney can maximize the damages in these cases • law. It also requires the ability to effectively put a vocational expert and how a defense lawyer can minimize them by the effective use of and a forensic economist to full use for maximum advantage. particular experts Nothing, however, is more important than an understanding of the • Effective tactics and strategies for either building or attacking the medicine. In cases that can easily go in the multi-million dollar range, damage claims you can never have enough knowledge. In this workshop, led by one • The experts that should be used and the ones that should not of the top defense lawyers in the United States, as well as one of the • Conducting pre-trial depositions and discoveries country’s finest forensic economists, a leading vocational expert and a • How to maximize the use of a vocational expert, life care planner and seasoned life care planner, you will learn how to conduct a forensic economist to full value catastrophic injury case from start to finish. • Cutting-edge litigation strategies How you will benefit: David R. Lucchese, Senior Partner, Galloway, Lucchese, Everson & • Learn how to put together - and defend - both a traumatic brain and Picchi (Walnut Creek, CA) spinal cord injury from start to finish Wendie Howland, Principal, Howland Health Consulting Inc. • Find out how to effectively mesh the medicine with the legal aspects (Pocasset, MA) • Discover how the effective use of a forensic economist can maximize or minimize the damage claim Kristin K. Kucsma, Economic Loss Expert, Tinari Economics Group • Learn how to effectively deploy a vocational expert and a life care (New York, NY) planner to full effect for both the plaintiff and the defendant Dr. Amy E. Vercillo, President, Rehabilitation and Re-Employment • Discover which experts can help and hurt your case Inc. (Boston, MA) • Understand what to look for to ascertain the weakness in your opponent’s case About the Area Welcome to Boston! The City of Boston hosts over 12 million annual visitors from across the country and around the globe. This vibrant, thriving city is renowned for its cultural facilities, world-class educational institutions, champion sports franchises, as well as its place at the very forefront of American history. Tourism is one of New England's largest industries; as the region's social and commercial quot;hubquot;, Boston is willing to accommodate and entertain you as few other cities can. Registration Information Register and Pay Register and Pay Standard Pricing Sponsorship and By 4/10/09 By 5/1/09 Pricing Exhibition Opportunities Conference Only (save $400) (save $200) $1999 $2,199 $2,399 Sponsorships and exhibits are excellent Conference + Workshop (save $400) (save $200) opportunities for your company to $2,548 $2,748 $2,948 showcase its products and services to Workshop only $549 each $549 each $549 each high-level, targeted decision-makers attending Litigating Catastrophic Injury * All prices include lunches, refreshment and detailed conference materials. Contact us at 1-800-882-8684 for special dietary requirements. Cases. Legal IQ and IQPC help companies TEAM DISCOUNTS like yours achieve important sales, * Discounts cannot be combined marketing and branding objectives by Contact Dhaval Thakur at 416.597.4754 for the following discounts: TEAM: Only one discount may be applied per registrant. setting aside a limited number of event NON-PROFIT, GOVERNMENT, ACADEMIA: Call for more information. sponsorships and exhibit spaces – all of PAYMENT INFORMATION: which are tailored to assist your Details for making payment via EFT or wire transfer: A $99 processing charge will be assessed to all registrations not accompanied by credit card payment at the time of registration organization in creating a platform to MAKE CHECKS PAYABLE IN U.S. DOLLARS TO: IQPC maximize its exposure at the event. Details for making payment via EFT or wire transfer: JPMorgan Chase Penton Learning Systems LLC dba IQPC: 957-097239, ABA/Routing #: 021000021 Reference: Please include the name of the attendee(s) and the event number: 17247.001 Payment Policy: Payment is due in full at the time of registration. Your registration will not be confirmed until payment is received and may be subject to cancellation. For IQPC’s Cancellation, Postponement and Substitution Policy, please visit ©2009 IQPC. All Rights Reserved. The format, design, content and arrangement of this brochure constitute a trademark of IQPC. Unauthorized reproduction will be actionable under the Lanham Act and common law principles. Register Today! Call Dhaval: 416.597.4754 or e-mail: 5
  6. 6. International Quality & Productivity Center REGISTRATION CARD 535 5th Avenue, 8th Floor New York, NY 10017 YES! Please register me for Litigating Catastrophic Injury Cases TM ❑ Conference Only ❑ Workshop Only ❑ Conference + Workshop See Page 5 for pricing details. Your customer registration code is: TLS/DPT When registering, please provide the code above. Name__________________________________ Job Title ________________________ Organization____________________________________________________________ Approving Manager______________________________________________________ Address_______________________________________________________________ City__________________________________State______________Zip___________ Phone________________________________Fax_______________________________ 3 EASY WAYS TO REGISTER: E-mail__________________________________________________________________ ❑ Please keep me informed via email about this and other related events. 1 Phone: 416.597.4754 ❑ Check enclosed for $_________ (Payable to IQPC) 2 Fax: 416.598.7934 ❑ Charge my __Amex __Visa __Mastercard __Diners Club Email: 3 Card #____________________________________ Exp. Date___/___ CVM _______ Details for making payment via EFT or wire transfer can be found on preceding page. ❑ I cannot attend, but please keep me informed of all future events. 17247.001/D/KV Litigating Catastrophic Cutting-Edge Strategies for Success in a Changing Time Injury Cases TM May 19-20, 2009 • Boston, MA SAVE UP TO $400 WHEN Back by popular demand! YOU REGISTER BY APRIL 10th Thanks to the popularity of our first two medico-legal events, we’re back with even more speakers and cutting-edge advice! CLE CREDITS AVAILABLE Media Partner: Register Today! Call Dhaval: 416.597.4754 or e-mail: