Day 1 - Thursday, February 23, 2017

7:30
Registration and Continental Breakfast
8:00
Chair’s Welcome Remarks
8:05
In-House Claims and Risk Management Professionals Speak Out on Neuro, Brain and Spine Injury Financial & Legal Decisions, Evaluation and Settlement of Cases, Insurance Coverage, and More
9:15
Neuroimaging Tests: Assessing the Strengths and Weaknesses of DTI, Volumetric MRI, CT Scan, PET Scan and Others to Detect Areas of Damage and Admissibility Under Daubert/Frye
10:25
Morning Break
10:30
Life Care Plans and Assessment of Economic Damages
11:20
Creating Litigation Strategies for Plaintiffs Who Present Spine, Neurotrauma, and Brain Injury That Can be Labeled as Malingering: What are the Defenses Available and Challenges Associated with Utilizing/Analyzing Neuroimaging Tests
12:45
Networking Lunch for Speakers and Delegates
1:45
How the Affordable Care Act Factors into Future Economic Damages for Catastrophic Injuries Related to Neurotrauma, Spine, and Brain
2:45
Closed Head Injuries/Concussions or Mild to Traumatic Brain Injury: Subsequent Cognitive Brain Damage/Defects and Causation/ Alternative Causation Theories
3:45
Afternoon Break
3:50
Malpractice Litigation Associated with Neurosurgery and Spine Surgery
5:05
Infant and Childhood Birth Brain Injury and Differences with Adult Brain Injury Related to Frequency/Severity and Causation Issues
6:25
Conference Adjourns to Day Two

Day 2 - Friday, February 24, 2017

7:30
Continental Breakfast
8:00
Hypothermia as a Treatment for Traumatic Injury
8:25
Relationship Between Neurosurgeons and Neurologists: Reviewing Radiology Reports and Failing to Properly Diagnose
9:10
View From the Bench: Renowned Federal and State Judges Will Tell You What Works and What Doesn’t in Their Courtrooms, Why Parties Succeed and Don’t Succeed in Med Mal Cases, Novel Trial and Case Management Strategies, Examples of Bad Lawyering and More
10:15
Jury Communication and Monitoring Pre-Trial Costs
11:15
Risk Management in Sports: Sports Related Medical Malpractice and Youth and Adult Professional Sports Concussions
12:00
Main Conference Ends – Workshop Begins

Day 1 - Thursday, February 23, 2017

7:30
Registration and Continental Breakfast
8:00
Chair’s Welcome Remarks

Jenna Wright Greenman
Principal
Kitch Drutchas Wagner Valitutti & Sherbrook
A Professional Corporation

8:05
In-House Claims and Risk Management Professionals Speak Out on Neuro, Brain and Spine Injury Financial & Legal Decisions, Evaluation and Settlement of Cases, Insurance Coverage, and More

Paul Greve
EVP
Willis Health Care Practice

William McDonough
Managing Principal
Integro Insurance Brokers

Courtney Koch
Senior Complex Claims Examiner
Berkshire Hathaway Specialty Insurance

Molly L. Farrell
Client Advocate
Willis Towers Watson

Christopher Keith
President
Lockton Companies

Brian S. Kern, Esq.
NE Regional Director, Healthcare
Arthur J. Gallagher & Co.

Cheryl M. De Kleine, Esq.
Senior Director, Claims Management & Litigation Counsel
Ascension Risk Services

Samir Patel
Senior Claims Specialist
Chubb

Moderator:

George B. Breen
Member
Epstein Becker & Green, P.C.

9:15
Neuroimaging Tests: Assessing the Strengths and Weaknesses of DTI, Volumetric MRI, CT Scan, PET Scan and Others to Detect Areas of Damage and Admissibility Under Daubert/Frye

Bruce H. Stern
Shareholder
Stark & Stark

Kenneth B. Goldblatt, Esq.
Board of Directors Brain Injury Association New York State
BIA Certified Brain Injury Specialist
Past Chair – Traumatic Brain Injury Litigation Group, American Association of Justice

Goldblatt & Associates, P.C.
The Orthopedic & Brain Injury Law Group

David E. Ross MD
Director
Virginia Institute of Neuropsychiatry

Michael Flomenhaft
Lawyer
The Flomenhaft Law Firm, PLLC

  • Assessing fusion tensor imaging tests: tests for imaging brain; assessing white matter in the brain; determining injury from white matter in the brain
  • CAT scan: Whether there is more to the CAT scan other than to show bleeding of the brain
  • MRI: The failure of the MRI to image the white matter of the brain when most brain injury involves trauma
  • PET Scan – Positron Emission Tomography: evaluating glucose metabolism in the brain
  • Volumetric MRI
  • Assessing its high clinical availability
  • The Admissibility of Neuroimaging Tests Under Daubert/Frye
    • Ensuring new image scanning technology meets standards in the scientific community
    • Challenges for the proponent of the evidence – overcoming opposition to evidence and showing the evidence is reliable
    • The admissibility aspect of neuroimaging tests – what stage/ level is the neuroimaging test in?
    • Whether the neuroimaging tests are generally accepted in the medical community
    • Whether the fact that neuroimaging tests are currently in clinical and research use poses a problem
    • Neuroimaging tests show the white matter of the brain the MRI/CAT scan fail to pick up – how does this add value to your case? What are you going to do with the result?

10:25
Morning Break
10:30
Life Care Plans and Assessment of Economic Damages

Victoria L. Vance
Partner
Tucker Ellis LLP

John E. Hall, Jr.
Partner
Hall Booth Smith, P.C.

  • Assessing the importance of obtaining the entire file, pre and post-injury or illness, for use by the Life Care Planner
  • Timing the use of a life care planner in developing your case
  • Ensuring that provider(s) communicate with the life care planner
  • How life care planners factor into the presentation of damages
  • Life care planner credentialing
  • What standards and processes are used in life care plan development? Are these standards realistic?

11:20
Creating Litigation Strategies for Plaintiffs Who Present Spine, Neurotrauma, and Brain Injury That Can be Labeled as Malingering: What are the Defenses Available and Challenges Associated with Utilizing/Analyzing Neuroimaging Tests

Scott D. Bender, Ph.D.
Associate Professor of Clinical Psychiatric Medicine
Department of Psychiatry and Neurobehavioral Sciences
Division of Neuropsychology

University of Virginia School of Medicine

Joseph S. Picchi, Esq.
Partner
Galloway, Lucchese, Everson & Picchi

Michael J. Sacopulos
Attorney
Sacopulos Johnson & Sacopulos

Michael P. Bruyere
Partner
Freeman Mathis & Gary, LLP

  • Tackling malingering cases from the outset
  • What are the defenses available for malingering cases?
  • Discrediting plaintiffs claims
  • Creating litigation strategies for plaintiffs who present signs that injury are feigned
  • Identifying all of the neuroimaging and other tests available

12:45
Networking Lunch for Speakers and Delegates
1:45
How the Affordable Care Act Factors into Future Economic Damages for Catastrophic Injuries Related to Neurotrauma, Spine, and Brain

Thomas Geroulo
Partner
Weber Gallagher Simpson Stapleton Fires & Newby LLP

Tammy L. Wade
Shareholder
Johnson & Bell, Ltd.

  • Calculating catastrophic damages as they relate to the Affordable Care Act
  • Factoring in insurance availability for plaintiffs before and after the ACA
    • pre-existing injuries and how they impact insurance coverage option
    • insurance carriers negotiating rates with healthcare providers and taking advantage of better rates
  • Reduction in the amount of damages due to the ACA

2:45
Closed Head Injuries/Concussions or Mild to Traumatic Brain Injury: Subsequent Cognitive Brain Damage/Defects and Causation/ Alternative Causation Theories

Leonard Berlin MD, FACR
Radiology Department
Skokie Hospital
Professor of Radiology

Rush University and University of Illinois

Thomas B. Anderson
Shareholder
Thomson, Rhodes & Cowie, P.C.

Matthew B.F. Biren

Founder

  • Subsequent cognitive brain damages/defects associated with closed head injuries

Causation

  • Observed signs and self-reporting
  • Evaluating the severity of the trauma to the head
  • Assessing whether a clinical evaluation is necessary and whether a battery of neuropsychological tests should be implemented – Physical symptoms; cognitive deficits; behavioral changes
  • Determining whether a soft tissue brain injury was caused chemically, metabolically or post trauma (even if there is no evidence of concussion)
  • The state of the science re: Postconcussion syndrome
  • Is post traumatic stress disorder due to the change in brain chemistry brought on by mental stimulus that would qualify as a brain injury?
  • Identifying the appropriate variables to pinpoint mild to moderate TBI – Recognizing the subtle symptoms

Alternative Causation

  • Alternative causation theories in mild to moderate TBI cases

3:45
Afternoon Break
3:50
Malpractice Litigation Associated with Neurosurgery and Spine Surgery

Michelle Aiello, RN JD
Director, Claims Services
Trinity Health

Paul A. Simonson
Partner
Simonson Goodman Platzer PC

Angela W. Russell
Attorney at Law
Wilson Elser Moskowitz Edelman & Dicker LLP

Joshua Cohen, Esq.
Partner
DeCorato Cohen Sheehan & Federico, LLP

  • Understanding why and how neurosurgery is a high malpractice claim
  • Underwriting challenges associated with neurosurgery
  • Neurologically-impaired infant from an obstetrical event

5:05
Infant and Childhood Birth Brain Injury and Differences with Adult Brain Injury Related to Frequency/Severity and Causation Issues

Harry F. Farb M.D.
Obstetrician and Maternal Fetal Medicine Specialist
Maternal Fetal Medicine Network

Michael G. Ross MD, MPH
Distinguished Professor of Obstetrics and Gynecology and Public Health
David Geffen School of Medicine and Fielding School of Public Health at UCLA

Mark J. Brice
Of Counsel
Decof, Decof & Barry, a Professional Corporation

  • Identifying the causes and factors associated with an in-utero brain injury
  • How timing of the child birth brain injury affects causation
  • Using the services of a placental pathologists to pick apart the placenta – Fetal Inflammatory Response Syndrome (FIRS) and determining whether the placenta shows any inflammation
  • Identifying whether the brain injury is due to oxygen deprivation or trauma caused through forceps, vacuum and birthing process
  • Evaluating abnormalities of a different type on fetal heart tracing called late deceleration
  • Complexities and challenges associated with childhood birth brain injury

6:25
Conference Adjourns to Day Two

Day 2 - Friday, February 24, 2017

7:30
Continental Breakfast
8:00
Hypothermia as a Treatment for Traumatic Injury

Jenna Wright Greenman
Principal
Kitch Drutchas Wagner Valitutti & Sherbrook
A Professional Corporation

  • Hypothermia treatment within 6 hours of injury for 3 days reducing or preventing significant injury
  • Clinical trials and studies

8:25
Relationship Between Neurosurgeons and Neurologists: Reviewing Radiology Reports and Failing to Properly Diagnose

Michael F. Barrett, Esq.
Shareholder
Saltz Mongeluzzi Barrett & Bendesky, P.C.

Aiju C. Thevatheril
Partner
Swanson, Martin & Bell, LLP

  • How neurologists and radiologists review reports and communicate with each other effectively
  • Pointing fingers for failing to diagnose or problems with diagnosing plaintiffs

9:10
View From the Bench: Renowned Federal and State Judges Will Tell You What Works and What Doesn’t in Their Courtrooms, Why Parties Succeed and Don’t Succeed in Med Mal Cases, Novel Trial and Case Management Strategies, Examples of Bad Lawyering and More

Hon. Michael Baylson

U.S. Dist. Ct., E. Dist. Pa.

Hon. James L. Robart

U.S. Dist. Ct, W.D. Wash.

Hon. John M. Younge

Phila. Ct. Common Pleas

Moderator TBA shortly!

10:15
Jury Communication and Monitoring Pre-Trial Costs

Stacey A. Cischke
Partner
Cassiday Schade LLP

Kelly Hughes Iverson
Partner
Goodell, Devries, Leech & Dann, LLP

Roger E. Harris
Partner
Swift, Currie, McGhee & Hiers, LLP

Norman D. Tucker
Of Counsel
Sommers Schwartz, P.C.

Jury Communication

  • Visualizing the brain injury the same way the x-ray does
  • Explaining brain injury recovery given how it is often an “invisible injury”
  • Addressing a jury that is not educated in medical terminology including the lack of time to properly educate your jury on complex medical issues
  • The difficulties associated with understanding neurology, neurosurgery, neuropsychology, neuroimaging and physiatry
  • Quandary for the jury to wade through the evidence and which side to believe

Monitoring Pre-Trial Costs

  • Assessing the case: calculating costs, hiring experts, and factors associated with screening the case

11:15
Risk Management in Sports: Sports Related Medical Malpractice and Youth and Adult Professional Sports Concussions

Norris Cunningham
Practice Group Leader, Litigation
Hall, Render, Killian, Heath & Lyman, P.C.

Gary Wolensky
Shareholder
Buchalter Nemer

  • Liability or potential liability from diagnosing youth sport concussion
  • Differences between adult and youth sport concussion
  • Permanent brain injury from mild to traumatic brain injury
  • Explaining the success of plaintiffs proving larger damages from permanent brain injury
  • Difficulty in assessing subtle brain injury

12:00
Main Conference Ends – Workshop Begins

The Litigation of a Neurotrauma, Brain & Spine Injury Suit From Start to Finish: Immediate Action Needed to Prepare for a Case at the Outset and Building Successful Litigation Strategies from Day One

Feb 24, 2017 12:00pm – 2:00pm

What is it about?

12:00-2:00 (separate registration required)


Speakers TBA shortly!
Check back at www.AmericanConference.com/BrainInjury for more updates and details on this can’t miss workshop.


This interactive workshop will take you through the litigation of a neurotrauma, brain & spine injury case from start to finish. Beginning with a thorough evaluation of what is needed, this session will be an invaluable two-hour drill down that will equip you with the skills you need to handle every step of the litigation process. Prepare for what your opponent will do by hearing what has and hasn’t worked for experts in the field. Navigate knowledgeably through the settlement and negotiation process before proceeding to court. Benchmark your litigation strategies with your peers and with experts in the field as you discuss the immediate action needed to help prepare for the courtroom from the outset.