8:15 Co-Chairs’ Remarks

8:30 How Effective Lawyers Use The Medicine To Win An Obstetric Neonatal Brain Injury Case

Not every brain injury caused to an infant is birth-related. And that is why every medical issue must be analyzed objectively and critically. By thoroughly understanding the medical aspects of a case, defense lawyers can gain enormous information about the prental and perinatal causes of neurological dysfunction. The human brain is susceptible to a wide variety of genetic, developmental and acquired abnormalities that may have nothing to do with obstetric malpractice. In this dynamic presentation, hear one of America’s finest defense counsel describe how he has had several spectacular results over the last two decades by properly utilizing the medical evidence in a brain-damaged infant case. He will reveal the secrets of his success, including:

• How to win a case by the “examining the brain first” approach
• Using films of the brain and other diagnostic studies to determine the cause of the injury
• How to use laboratory and other clinical time-markers to defend a case
• Deploying medical information about nucleated red blood cells to negate negligence
• How vital illness during pregnancy can be proven as a defense
• Effective causation defenses that can disprove liability—and how to deal with them.

After Mr. Lucchese’s presentation, he will join an outstanding panel of two prominent obstetric malpractice lawyers who will engage in a spirited and stimulating discussion of the issues faced by every obstetrician, hospital, midwife and nurse in the country. This is an opportunity to hear three of the nation’s best medical malpractice lawyers in action.

9:45 What Every Lawyer Must Know About The New ACOG Standards On Fetal Heart Rate Monitoring

During the summer of 2009, the American College of Obstetricians and Gynecologists redefined the fetal heart rate monitoring (FHR) guidelines. It is a development that every medical malpractice lawyer must be aware of. In this presentation by one of the nation's pre-eminent plaintiff's attorneys and a prominent obstetrical expert who has testified in many cases, you will learn:

• The intent of FHR monitoring
• The two methods of FHR: EFM and manual auscultation
• The objectives of the guidelines
• The refinements of the definitions, classifications and interpretations of FHR methods
• The EFM controversy and "what you must believe"
• The "new" 3-tier system for interpretation of FHR patterns
• What EFM might do-properly implemented
  • recognition of normal fetal behavior
  • diagnosis and management of fetal distress
  • timing and mechanism of fetal neurological injury
  • influence patient selection for neuroprotection
• How FHR tracings are interpreted differently by different people
• How lawyers can use these new guidelines in their cases-and the problems they may cause

11:00 The Absolute Key To An Effective Case: Using The Right Experts To Meet The Standard Of Care, Causation And Damages

There is nothing more important to the successful defense of a baby brain injury case than the assistance and testimony of the expert witnesses. Since experts can state opinions, they are held to a different standard than other witnesses. But it takes great expertise to know what kind of experts to call and which multiple different disciplines to use. In this presentation, hear three leading lawyers discuss the key to an effective case:

• What specific types of experts must by retained for the issues relating to the standard of care?
• What specific experts must be used for the issues of causation?
• What experts are required for the issue of damages?
• How to assess and discredit experts in the case
• Effectively using the ACOG standards in expert evidence
• Unethical expert witness testimony
• Assessing the credibility of the opposition experts
• Discrediting the testimony of the rival expert witnesses

12:45 How Outstanding Plaintiff Lawyers Build Their Case On Damages—and How Effective Defense Lawyers Can Destroy It

There is an enormous difference between the damage calculations that a plaintiff can make in these cases as compared to the ones a defendant would present to a jury. With the right experts and a strong understanding of the vast differences between the gap in the calculations for both sides, learn how a top-notch plaintiff counsel can build damages in a brain-injured baby case—and how they can effectively be gutted by a defense lawyer who knows exactly what to do in order to minimize damages. This presentation features one of the nation’s top plaintiff counsel who will demonstrate how to build damages and one of America’s top defense lawyers who will show how to break down those figures in favor of the delivery team. They will be joined by a nationally-known economist and structured settlement specialist to show how dramatically different the end figures for each side can actually end up.

2:45 Preparing For The Rise In Electronic Discovery Requests In Medical Malpractice Suits

There is an aggressive enemy lurking at the doors of every hospital in the United States—and it is a friend of the plaintiffs’ bar: electronic discovery. With an increasing number of healthcare organizations moving to electronic health record systems, the number of e-discovery requests by plaintiff lawyers will soon skyrocket. A wealth of digital information can accumulate about a patient that is housed outside an organization’s legal medical record. Attorneys in search of additional information pertinent to a lawsuit may view this data as digital Easter eggs waiting to be discovered.

In this presentation, essential for all lawyers and health care managers, hear the views of a defense medical malpractice lawyer who has written about how the e-discovery revolution has made its impact felt on risk managers and hospitals. And hear two of the country’s leading e-discovery experts detail how metadata can work against a hospital—unless it is properly prepared. You will be provided with precise solutions for the onslaught of requests by plaintiff lawyers for electronic information that can only be helpful to them. Plaintiff attorneys will learn how to properly use e-discovery to full benefit. This presentation is worth its weight in gold to everyone involved in not only obstetric malpractice but hospital administration itself.

Chad P. Brouillard
Associate
FOSTER & ELDRIDGE (Cambridge, MA)

3:45 Getting Inside The Minds Of Those You Need To Convince: What Gets A Jury To Decide In Your Favor?

When you try a serious brain-damaged infant case, what is that you need to do to persuade a jury to decide in your favor? What sorts of evidence impresses them? What turns them off? How thoroughly –and in what manner—should you present your medical evidence? What are the factors that influence them? What approaches work best? And what types of witnesses are most appealing? In this unique and fascinating presentation by one of the country’s finest jury consultants, you will gain a whole new perspective on your case. Whether you act for a plaintiff or for the defense, this is an invaluable lesson on what to do—and how to do it—when you present your case in the courtroom. A truly instructive presentation for anyone involved in an obstetric case.

Aaron Abbott
President
JURY BEHAVIOR RESEARCH INC. (Portland, OR)

5:00 Conference Concludes