Day 1 - Wednesday, June 26, 2019

7:15
Registration and Continental Breakfast
8:15
Co-Chairs’ Welcoming Remarks
8:30
State of the Union in the Obstetric Malpractice Claims
9:45
Before, During or After Birth: Determining When an Injury Occurred
10:45
Morning Coffee Break
11:00
Examining the Use of Placental Pathology to Decipher Adverse Pregnancy Outcomes
12:00
Networking Luncheon
1:15
New Technologies in Fetal Heart Monitoring: Developing Strategies for Proper Interpretations of Readings
2:15
Understanding If and How Cooling Has Changed Birth Injury Litigation
3:15
Afternoon Coffee Break
3:30
Examining Opioid-Related Injuries During Pregnancy
4:15
Reducing Obstetrics Malpractice Claims: Addressing Ways of Reducing Maternal Morbidity/Mortality and Preventable Medical Errors
5:15
Conference Adjourns to Day Two

Day 2 - Thursday, June 27, 2019

7:45
Continental Breakfast
8:15
Co-Chairs’ Remarks and Recap of Day One
8:30
Examining the Current State of the Cranial Compression Ischemic Encephalopathy Argument
9:30
Shoulder Dystocia: Examining the Latest Claims and Management of Key Risk Factors
10:30
Morning Coffee Break
11:00
Evaluating the Pros and Cons of Mother and Child Genetic Testing – Defense and Plaintiff Perspective
12:00
Networking Luncheon
1:00
The Defense and Plaintiff’s Perspective on Early Settlement of Birth Injury Cases
2:00
Exploring the Best Use of Mediation Process to More Effectively Resolve Claims
3:00
Effective Strategies for Evaluating a Patient’s Damages and Finding Common Ground for Life Care Plans
4:00
Conference Ends

Day 1 - Wednesday, June 26, 2019

7:15
Registration and Continental Breakfast
8:15
Co-Chairs’ Welcoming Remarks

Stephen A. Ryan
Senior Counsel
Chair, Birth and Catastrophic Injury Litigation Practice Group

Marshall Dennehey Warner Coleman & Goggin, P.C (King of Prussia, PA)

Daryl L. Zaslow
Shareholder
Eichen Crutchlow Zaslow, LLP (Edison, NJ)

8:30
State of the Union in the Obstetric Malpractice Claims

Michael D. Anderson
Supervisor, Patient Safety & Risk Management
Medical Insurance Exchange of California (MIEC) (Oakland, CA)

Jeffrey M. Coyle
Vice President, US Healthcare Claims Director
Sompo International (New York, NY)

Cheryl M. De Kleine
Senior Director, Claims & Litigation
Ascension Care Management (St. Louis, MI)

John E. Hall, Jr.
Partner
Hall Booth Smith, P.C. (Atlanta, GA)

Richard T. Henderson
Senior Vice President
TransRe (New York, NY)

  • Addressing changes in the market
    • Why are we seeing a rise in severity of claims?
    • Exploring potential causes of a tightening market
  • Evaluating recent claims developments and insurance coverage implications
  • Exploring developments with captive insurance
  • Examining the latest trend of smaller physician groups being absorbed into larger physician groups
  • Evaluating recent case patterns and settlements

9:45
Before, During or After Birth: Determining When an Injury Occurred

Mark D. Clore

Clore Law Group, LLC (Charleston, SC)

Jonathan M. Fanaroff, M.D., J.D., FAAP
Professor of Pediatrics
Case Western Reserve University School of Medicine
Director, Rainbow Center for Pediatric Ethics at Rainbow Babies & Children's Hospital, Division of Neonatology (Cleveland, OH)

Andrew S. Kaufman
Partner
Kaufman Borgeest & Ryan LLP (New York, NY)

  • Developing best practices for determining when an injury occurred
    • How to time and prove HIE injury
    • Determining which type of experts you need to make your case: placental pathologists, pediatric neuro-radiologist, pediatric neurologist, geneticist, etc.?
  • Addressing the challenge of proving that an injury occurred before labor
    • Preexisting injuries and abnormal heart rate tracing
  • Assessing the length of labor: How long is too long?
    • Suggested protocols for addressing this potential cause of common injuries in babies
    • Addressing plaintiff attorneys’ claims that a mother was in labor for too long
  • Evaluating in utero infection as a potential cause of injury
    • How does infection cause an injury? Is it diagnosable? Is it preventable?
    • Suggested ways of proving that infection occurred before labor
  • Analyzing the use of post-birth CT scans and MRIs to determine when an injury occurred

10:45
Morning Coffee Break
11:00
Examining the Use of Placental Pathology to Decipher Adverse Pregnancy Outcomes

Carolyn M Salafia MD MS
Head, Placental Modulation Laboratory
Institute for Basic Research
Director of Development at Placental Analytics, LLC (New Rochelle, NY)

Andrew J. Stern
Partner
Kline & Specter, P.C (Philadelphia, PA)

  • Exploring recent advances in research regarding the forensics of prenatal as well as short and long-term postnatal adverse outcomes through the use of placental pathology
  • Understanding how this pathology evidence is interpreted and utilized in litigation to support and dispute claims
  • Examining how a placental pathologist determines when an injury occurred and whether it was a hypoxic injury

12:00
Networking Luncheon
1:15
New Technologies in Fetal Heart Monitoring: Developing Strategies for Proper Interpretations of Readings

Emily Hamilton, MD CM
SVP, Clinical Research
PeriGen (Cary, NC)
Adjunct Professor of Obstetrics and Gynecology at McGill University (Westmount, QC)

Bruce Keplinger

Norris Keplinger Hicks & Welder, LLC (Overland Park, KS)

Matthew Sappern
CEO
PeriGen (Cary, NC)

Christian D. Searcy

Christian D. Searcy
President/CEO
Searcy Denney Scarola Barnhart & Shipley (West Palm Beach, FL)

  • Examining recent technological developments in fetal heart monitoring
    • Evaluating the availability and use of these new technologies
  • Safeguarding against incorrect readings and medical staff responses
  • Identifying the types of tracings that should be seen to have a strong case that a baby should have been delivered earlier
    • When is there sufficient indication to make a call that something else is happening that needs to be addressed?
  • Addressing claims involving insufficient training of nurses in reading and handling monitoring strips
    • Examining disputes between doctors and nurses when a strip is misread
  • Exploring preexisting injuries
    • Addressing defense strategies for matters associated with neuro damage which developed before labor
  • Assessing the impact of the current technologies implemented in delivery rooms across the country
    • How reliable is the current technology being used?
    • Discussing the use of technology and raising the standard of care
  • Examining emerging technologies that can assist with evaluations and interpretations of fetal heart rate patterns

2:15
Understanding If and How Cooling Has Changed Birth Injury Litigation

Gary L. Riveles
Senior Partner
MacNeill, O’Neill & Riveles, LLC (Cedar Knolls, NJ)

Warren Rosenfeld, MD
Chair, Pediatrics
South Nassau Communities Hospital (Oceanside, N.Y.)

  • Determining whether cooling is an admission of HIE with far fewer and less severe criteria than ACOG
  • How does cooling affect plaintiff’s attorneys early filing of a suit as damages may not be accurately evaluated until age 7 or later?
  • What is the significance of a negative MRI following cooling and will it change with time if there was HIE?
  • Determining the effect of cooling on motor and intellectual function

3:15
Afternoon Coffee Break
3:30
Examining Opioid-Related Injuries During Pregnancy

Brant E. Poling
President
POLING (Columbus, OH)

Jack M. Stein
President
Trial Exhibits, Inc. (Philadelphia, PA)

  • Exploring current developments with the use of opioids during pregnancy
  • What legal standard of care should an OB/GYN practitioner follow when it comes administering opioids during pregnancy
  • Addressing the challenges that obstetricians and neonatologists’ encounter when not recognizing that a mother has an opioid problem
  • Examining potential liabilities associated with babies injured as a result of ingesting opioids from a mother
    • Examining opioid use as a potential cause of injury that a plaintiff’s attorney hasn’t thought about, but should
    • How the defense side can combat such a potential claim
  • Exploring challenges with defending medical professionals who are either:
    • Administering opioids during pregnancy, or
    • Are struggling with the decision to prescribe to pregnant women who may need opioids

4:15
Reducing Obstetrics Malpractice Claims: Addressing Ways of Reducing Maternal Morbidity/Mortality and Preventable Medical Errors

Joseph A. Farchione
Partner
Wheeler Trigg O'Donnell LLP (Denver, CO)

Gary D. Fox
Founding Partner
Stewart Tilghman Fox Bianchi & Cain P.A. (Miami, FL)

Eric Stockman
Partner
Stockman O'Connor PLLC (Bridgeport, CT)

  • Addressing potential causes for alarming rates of maternal morbidity/mortality and attendant liability implications
  • Exploring potential ways to prevent these errors
  • Identifying safety initiatives being introduced in hospitals and other facilities performing deliveries
  • Understanding how current reform efforts may shift the standard of care
  • Are reform efforts factoring into settlements in a given case?

5:15
Conference Adjourns to Day Two

Day 2 - Thursday, June 27, 2019

7:45
Continental Breakfast
8:15
Co-Chairs’ Remarks and Recap of Day One
8:30
Examining the Current State of the Cranial Compression Ischemic Encephalopathy Argument

Jack Beam
Managing Partner
Beam Legal Team L.L.C. (Chicago, IL)

Daniel J. Huff
Partner
Huff, Powell & Bailey, LLC (Atlanta, GA)

Michael G. Ross, MD MPH
Distinguished Professor of Obstetrics and Gynecology and Public Health
UCLA School of Medicine (Los Angeles, CA)

  • Evaluating the viability of cranial compression encephalopathy argument: pros and cons
  • Examining the current standard of care with respect to CCIE
  • Addressing the plaintiffs’ argument that doctors are not recognizing the compression soon enough and can prevent it
  • Exploring the defense’s argument that doctors have no control over this and cannot be held responsible

9:30
Shoulder Dystocia: Examining the Latest Claims and Management of Key Risk Factors

Carol B. Benson, MD
Professor of Radiology
Harvard Medical School
Director of Ultrasound and Co-Director of High Risk Obstetrical Ultrasound at Brigham and Women’s Hospital (Boston, MA)

Christopher J. Donadio
Partner
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf (New York, NY)

Catherine J. Flynn
Partner
Decotiis, Fitzpatrick, Cole & Giblin, LLP (Teaneck, NJ)

  • Examining latest claims being brought involving shoulder dystocia
  • Exploring signals for identifying susceptible patients
  • Assessing potential new evidence-based research or ideas that would assist in defending these types of claims
  • Addressing a plaintiff’s argument that no matter what happened during birth, a doctor should have known this injury may occur as a result of prenatal care

10:30
Morning Coffee Break
11:00
Evaluating the Pros and Cons of Mother and Child Genetic Testing – Defense and Plaintiff Perspective

Stephen A. Ryan
Senior Counsel
Chair, Birth and Catastrophic Injury Litigation Practice Group

Marshall Dennehey Warner Coleman & Goggin, P.C (King of Prussia, PA)

Daryl L. Zaslow
Shareholder
Eichen Crutchlow Zaslow, LLP (Edison, NJ)

  • Examining criteria for when should genetic testing be performed?
    • What type of tests should be performed?
  • Exploring potential consequences of failure to diagnose genetic condition in utero
  • Analyzing the increasing amount of scientific literature suggesting that genetics may play a much larger role in abnormalities at birth than previously thought
    • How do plaintiff-side attorneys view this development?

12:00
Networking Luncheon
1:00
The Defense and Plaintiff’s Perspective on Early Settlement of Birth Injury Cases

James Solomon Haliczer
Co-Founder and Managing Partner
Haliczer, James Solomon (Fort Lauderdale, FL)

Joseph S. Picchi
Shareholder
Galloway Lucchese Everson & Picchi (Pleasant Hill, CA)

Patrick E. Stockalper
Senior Partner
Kjar, McKenna & Stockalper, LLP (El Segundo, CA)

Norman D. Tucker
Of Counsel
Sommers Schwartz PC (Southfield, MI)

  • Developing an effective pre-suit process to resolve birth injury liabilities
  • Examining hospital training and policies for a real pre-suit approach to early settlement
  • Addressing the internal hospital structure and staff required
  • Exploring cost savings and lower settlement numbers
  • Analyzing the role of candor conferences and saying that one is sorry

2:00
Exploring the Best Use of Mediation Process to More Effectively Resolve Claims

Gary M. Cohen
Partner
Grossman Roth Yaffa Cohen (Boca Raton, FL)

Walter J. Price, III
Partner
Clark, May, Price, Lawley, Duncan & Paul, LLC (Birmingham, AL)

Amy Hathaway
Facilitator
Amy Hathaway, PLC (Southfield, MI)

Given that birth injuries are among the most expensive claims in the medical malpractice arena, effective management and resolution of these claims is of crucial importance to both sides. During this session, our mediation experts will examine various strategies for mediating birth injury cases, including hurdles that appear along the way as well as what each side could be doing better to more effectively resolve claims.

3:00
Effective Strategies for Evaluating a Patient’s Damages and Finding Common Ground for Life Care Plans

Ryan P. Chase
Partner
Ross Feller Casey, LLP (Philadelphia, PA)

Thomas Geroulo
Partner
Bardsley, Benedict + Cholden, LLP (Scranton, PA)

Susan L. Combs

Combs & Company (New York, NY)

  • Exploring ways of resolving differences on damages
    • From a plaintiff’s attorney perspective, how is a damage assessment built?
    • From a defense counsel’s perspective, how to evaluate it?
  • Evaluating factors that go into a reasonable life care plan directed at a therapy, treatment, or an accommodation which the injured party may truly need
  • Identifying common challenges with life care plans presented by plaintiffs
  • Exploring ways of finding a compromise
  • The plaintiff and defense debate on the collateral source rule

4:00
Conference Ends