*Medical developments in Catastrophic injury
*Application of vocational rehabilitation & Forensic economics.
*Discover Proven Strategies to advance your case for both Plaintiff & Defendants.
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: dhaval.thakur@iqpc.com
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: dhaval.thakur@iqpc.com
2
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. 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: dhaval.thakur@iqpc.com
4
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Litigating Catastrophic
Injury Cases
TM
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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: dhaval.thakur@iqpc.com