american conference institute’s 14th annual advanced forum ... fo… · american conference...

Register Now | 888-224-2480 | AmericanConference.com/ObMal 1Register Now | 888-224-2480 | AmericanConference.com/ObMal

American Conference Institute’s 14th Annual Advanced Forum on

OBSTETRIC MALPRACTICE CLAIMS

June 23–24, 2015 | The Union League | Philadelphia, PA

Gain key strategies and updates from top in-house counsel, outside counsel, claim specialists, risk managers and medical experts on:

• Genetic and Epigenetic Disorders: Emerging Trends and Strategies

• Neonatal Encephalopathy and Neurologic Outcomes: The ACOG Reports

• Resolving the Tension Between Nurses, Midwives and Obstetricians

• The Anatomy of an Obstetric Malpractice Case: An Examination of Every Stage and Trial Techniques

• Neonatal Brain Injury: Assessing the Standard of Care and Determining the Timing and Causation of an Injury

• New Trends in Hypothermia Treatment for Newborns Suffering from Acute Hypoxic Encephalopathy

• The Affordable Care Act Subsidies: Addressing/Defining/Defending Damages and Life Care Plans

• Neonatal Brachial Plexus Palsy Cases

• Catastrophic Verdicts, Reinsurance and The Patient Safety Movement

• The Reptile Theory: Implementing Effective Litigation Strategies Between Client and Counsel to Counter Reptilian Tactics

Joseph S. PicchiGalloway, Lucchese, Everson & Picchi

Norman D. TuckerSommers Schwartz

Hear from and network with:

Richard P. KidwellUPMC

Richard T. HendersonTransatlantic Reinsurance

Robert Shavelle, PhD, FAACPDMLife Expectancy Project

John S. MooreCNA

James L. McGarityR&D Strategic Solutions

David C. ZielinskiMedPro Group

Michael D. AndersonMedical Insurance Exchange of California

Richard A. FarlowBerkleyMed

Jennifer L. GreenAIG Claims, Inc. Property Casualty

Brian S. KernGallagher Bollinger

Courtney KochBH Specialty Insurance

Kenneth ApplebyProMac Specialty Insurance

Distinguished Co-Chairs:

Thomas F. Halpin, MDUniversity of Massachusetts Medical School

Michael G. Ross, MD, MPHHarbor-UCLA Medical Center

Harry F. Farb, MDObstetrician and Maternal Fetal Medicine Specialist

Robert H. Allen, PhD, PEJohns Hopkins University

Michele J. Grimm, Ph.D.Wayne State University

David A. Clark, MDAlbany Medical College

Max Wiznitzer, MDCWRU School of Medicine

and others

The Honorable Ruben CastilloU.S. Dist. Ct., N.D. Ill.

The Honorable Lorenzo F. Garcia U.S. Dist. Ct., D.N.M.

The Honorable Victor J. DiNubile, Jr.Philadelphia Ct. C.P.

The Honorable Robert B. CollingsU.S. Dist. Ct., D. Mass.

Featuring unparalleled medical insights from:

Obtain insight as to the perspectives from the Bench. Hear from:

Earn

CLE Credits

Join the Conversation ACI: Reinsurance/Insurance @ACILegal / #ACIObstetricMal2

Obstetric malpractice cases continue to result in massive verdicts, reaching amounts in excess of $100 million. Claims are evolving in response to advances in medical technology, which can increase the potential for errors in the delivery room. Further, new standards of care are emerging and with these new standards come new malpractice claims. Given the state of obstetric malpractice, it is essential that all those along the obstetric malpractice continuum, including medical professionals, risk managers, insurance professionals, plaintiffs’ attorneys, and defense counsel, be current on the latest claims and defense strategies and how they are impacting the practice.

American Conference Institute’s 14th Annual Advanced Forum on Obstetric Malpractice Claims will bring together an unparalleled faculty of medical experts, risk managers, insurance professionals, and leading plaintiffs’ and defense attorneys, who will provide you with the most up-to-date information on complex medical issues and litigation hurdles, including:

• Genetic and Epigenetic Disorders: Emerging Trends and Strategies

• Neonatal Encephalopathy and Neurologic Outcomes: The ACOG Reports

• The Tension Between Nurses, Midwives and Obstetricians

• The Anatomy of an Obstetric Malpractice Case: An Examination of Every Stage and Trial Techniques

• Neonatal Brain Injury: Assessing the Standard of Care and Determining the Timing and Causation of an Injury

• New Trends in Hypothermia Treatment for Newborns Suffering from Acute Hypoxic Encephalopathy

• The Affordable Care Act Subsidies: Addressing, Defining, Defending Damages and Life Care Plans

• Neonatal Brachial Plexus Palsy Cases

Register now by calling 1-888-224-2480 or by faxing your registration form to 1-877-927-1563. You can also register online at www.AmericanConference.com/ObMal

WHO SHOULD ATTEND

� Lawyers, both plaintiff and defense, who litigate medical malpractice cases attend in order to get a solid grounding on the latest medical issues upon which cases are based. Our faculty of medical and legal experts from around the nation will provide you with the information and strategies that are essential to achieve the best outcomes for your clients

� Doctors, nurses and hospital risk/quality assurance managers attend in order to benchmark their current practices and procedures and develop a deeper understanding of the current state of obstetric malpractice litigation

� Insurance professionals attend in order to obtain valuable insights and strategies for assessing professional negligence claims and to better understand litigation strategies and hospital risk management techniques

Be a part of the nation’s premier obstetric malpractice conference and ensure that you keep abreast of the evolving standards of care, emerging theories of liability, and new plaintiff and defense strategies.

Register Now | 888-224-2480 | AmericanConference.com/ObMal 3

7:15 Registration and Continental Breakfast

8:00 Co-Chairs’ Opening Remarks

Joseph S. PicchiPartnerGalloway, Lucchese, Everson & Picchi

Norman D. TuckerOf CounselSommers Schwartz

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

Richard P. KidwellSenior Associate Counsel/Vice President of Risk ManagementUPMC

Robert Shavelle, PhD, FAACPDMTechnical Director Life Expectancy Project

David C. ZielinskiMedPro Group

Michael D. AndersonSenior Claims RepresentativeMedical Insurance Exchange of California

Jennifer L. GreenSenior Claims AnalystHealthcare Malpractice Claims DepartmentAIG Claims, Inc. Property Casualty

Brian S. KernArea Executive Vice PresidentGallagher Bollinger

Courtney KochComplex Claims ExaminerBerkshire Hathaway Specialty Insurance

Kenneth ApplebyDirector Healthcare Insurance ServicesProMac Specialty Insurance

Moderator:


9:50 Networking and Refreshment Break

10:00 Genetic and Epigenetic Disorders: Emerging Trends and Strategies

David A. Clark, MDChair, Dept. of PediatricsAlbany Medical College

Victoria L. VanceChair of HealthCare Practice GroupTucker Ellis LLP

Andrew S. KaufmanPartnerKaufman Borgeest & Ryan LLP

• Assessing new and emerging research regarding genetics and the impact of epigenetic factors on development

• ACOG and AAP recommended screening and testing for appropriate patients

• Specific conditions with genetic and epigenetic contributions – diabetes, ADHD, autism, asthma, motor difficulties (cerebral palsy)

11:40 Neonatal Encephalopathy and Neurologic Outcomes: The ACOG Reports

Thomas F. Halpin, MDProfessor of Obstetrics and GynecologyUniversity of Massachusetts Medical School

Max Wiznitzer, MDPediatric NeurologyCWRU School of Medicine

The impact of the reports that presented the findings and recommendations of a task force of obstetricians and gynecologists who represented key areas of expertise. Learn key takeaways and how you should be adapting your practice.

1:00 Networking Luncheon for Speakers and Delegates

2:00 Resolving Tension Between Nurses, Midwives and Obstetricians

Eric J. StockmanPrincipal Neubert, Pepe & Monteith, P.C.

Angelo A. ZiotasPartnerSilver Golub & Teitell LLP

Kristi McClureClinical Educator, Perinatal ServicesMount Carmel West Hospital

• The relationship between nurses and obstetricians• A review of recent cases involving cerebral palsy,

developmental delays and other conditions• A discussion about the sustainability of unmonitored

independent birthing centers and whether or not midwives should be delivering outside of hospitals

• Managing malpractice risks along continuum of care

Day One: Tuesday, June 23, 2015


3:00 Preparing and Presenting Your Witnesses


Roger E. HarrisPartnerSwift, Currie, McGhee & Hiers, LLP

John A. ScullyPartnerCooper & Scully, P.C.


• Ensuring that the witness is adequately prepared for deposition

• Anticipating where a deposition is heading• Key considerations for video depositions• Pitfalls to avoid• How minor physical and verbal cues can have a major effect

on the impact of a deposition• Watching videotaped depositions to improve your ability

to conduct or participate in a deposition• What to look for• Incorporating the lessons learned into future deposition

4:05 Afternoon Break

4:15 The Reptile Theory: Implementing Effective Litigation Strategies Between Client and Counsel to Counter Reptilian Tactics

Richard A. FarlowAssistant Vice PresidentBerkleyMed

John E. Hall, Jr., Esq.PartnerHall Booth Smith, P.C.

Tammy L. WadePartnerRuff, Freud, Breems & Nelson, Ltd.

James L. McGaritySpecialized Professional CompetenceR&D Strategic Solutions

Jury Selection

• Applying the lessons learned from jury focus groups to your jury selection process

• Making sure of the critical insights provided by jury consultants to obtain a more favorable jury

Using Demonstrative Evidence and Themes

• Conveying your message and effectively explaining complex theories to jurors

• Using aids to explain data, provide accurate representations, and debunk opposing theories

• Using a clear and concise presentation which conveys credibility while staying within legal limits

Narrating a Comprehensive Story

• Using themes to explain the details to the jury• Simplifying the critical issues to the jury• Demystifying complicated technical issues• Persuasively detailing what is a reasonable risk

The Reptile Theory: How to Counteract the Inherent Instinct to Punish Your Client

• Overcoming sympathy for injured plaintiffs• Overcoming juror bias against doctors

- intolerance of virtually any risk of harm - the assumption that given advancements in medical

technology, any death or serious injury means that there must have been some form of obstetric malpractice

- explaining hard evidence in a way that lay people can internalize

- minimizing juror anxiety about injuries to baby and mother

5:25 Electronic Medical Records, Patient Portals and Audit Trails: The Benefits and Dangers of a Paperless System

Kirsten UllmanPartnerLewis Brisbois Bisgaard & Smith LLP

• The increased malpractice risks associated with Health Information Exchanges

• Overcoming the challenges of implementing an electronic platform

• Providing assurance of the integrity of the electronic record and the associated raw data

• How to train users and the risks involved• Form v. narrative notes• The use of electronic medical records in documenting labor

and delivery and how that impacts the defensibility and expert opinion of the case

• Cloning records and the retroactive manipulation of electronic records

• Implementing enhanced documentation tools to capture relevant information in the electronic record

6:10 Conference Adjourns

Day One: Tuesday, June 23, 2015


7:30 Continental Breakfast

8:00 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. Ruben CastilloU.S. Dist. Ct., N.D. Ill.

Hon. Lorenzo F. Garcia U.S. Dist. Ct., D.N.M.

Hon. Victor J. DiNubile, Jr.Philadelphia Ct. C.P.

Hon. Robert B. CollingsU.S. Dist. Ct., D. Mass.

Moderator:


9:25 Morning Break

9:35 The Anatomy of an Obstetric Malpractice Case: An Examination of Every Stage and Trial Techniques

Eric J. FrischPartnerCarlock, Copeland & Stair LLP

Lisa S. DagostinoPartnerKline & Specter

Timothy L. BarnesPartnerPorzio, Bromberg & Newman, P.C

Mark J. BriceOf CounselDecof, Decof & Barry, P.C.

• Investigating the facts concerning liability, causation, and damages: what is relevant?

• Ensuring that your client is prepared for trial • Trial briefs and motions in limine• Overcoming the challenges of representing the institutional

client• Giving an effective opening statement• Effective use of exhibits• Final arguments and closing statements• Making the case for or against damages

10:40 Neonatal Brain Injury: Assessing the Standard of Care and Determining the Timing and Causation of an Injury

Michael G. Ross, MD, MPHChairman, Dept. of Ob/GynHarbor-UCLA Medical Center

Bruce G. HabianPartnerMartin Clearwater & Bell LLP

• Neuroimaging and radiology• Pediatric Neurology : determining when the injury occurred • The impact of intrauterine infections and genetic disorders

on the placenta and fetus• Assessing the role of cytokines in the development of long-

term neurological defects• Ascertaining if cytokines were created by HIE injury or

infection• Detecting signs or symptoms of infection prior to delivery• Infection as a causal element of cerebral palsy

11:40 New Trends in Hypothermia Treatment for Newborns Suffering from Acute Hypoxic Encephalopathy

Joseph A. FarchionePartnerWheeler Trigg O’Donnell LLP

Jim PugaPartnerLeventhal & Puga, P.C.

• Update of hospital hypothermia protocols, clinical trial guidelines, and their use as evidence in HIE claims

• Update on hypothermia clinical trials for HIE, use for neonatal injury other than HIE, and the use and results of hypothermia for adult cardiac arrest in birth injury cases

• Effect of hypothermia use on NEACP definition of HIE and proofs of negligence and proximate cause

• Treatment’s results on motor and/or intellectual function and its effect on claims filed and damages evaluations

• Has hypothermia created a new standard of care for treating newborns with HIE

12:30 Networking Luncheon for Speakers and Attendees

1:25 The Affordable Care Act Subsidies: Addressing, Defining, Defending Damages and Life Care Plans

Brant E. PolingPartnerPoling Law

Richard J. MontesPartnerMauro Lilling Naparty LLP

Day Two: Wednesday, June 24, 2015


Ralph F. ValituttiPrincipalKitch, Drutchas, Wagner, Valitutti & Sherbrook, P.C.

• Case studies and the future of the collateral source rule• Mitigation of Damages• Burden of proof and the affirmative defense• Expert testimony• Billed rates and negotiated rates• Life expectancy • The surge of applicants entering an already stressed system

as a result of Obamacare

2:20 Catastrophic Verdicts, Reinsurance and The Patient Safety Movement

Richard T. HendersonVice PresidentTransatlantic Reinsurance

John S. MooreDirector – Specialty Strategic ClaimsCNA

Maggie M. FinklesteinShareholderStevens & Lee

• Reasons for the ever increasing amounts of obstetric malpractice verdicts

• Malpractice reinsurance pools• The Patient Safety Movement: Born out of the fear induced

by monster verdicts, physicians are more likely to offer the cesarean section option, even in the absence of any actual medical purpose

• Defensive medicine and the decision to offer the cesarean section

3:20 Neonatal Brachial Plexus Palsy CasesMichele J. Grimm, Ph.D.Associate Professor, Biomedical EngineeringWayne State University

Robert H. Allen, PhD, PEUndergraduate Program DirectorDepartment of Biomedical EngineeringDepartment of Gynecology and ObstetricsJohns Hopkins University

William F. CunninghamPartnerCunningham Meyer & Vedrine, P.C.

• Brachial plexus: injury with and without shoulder dystocia• Fundal pressure, expulsive forces and clinician applied

forces• Failure to detect macrosomia • Understanding the key risk factors for shoulder dystocia,

how they should be managed, and the delivery note• The Expulsion Defense and it’s impact on juror’s perception

of defense credibility & verdicts• Daubert – Davis Frye Motions: the trial before the trial in

these cases

4:40 Category Two Fetal Monitoring Strips: Safeguarding Against Incorrect Readings and Responses

Harry F. Farb, MDObstetrician and Maternal Fetal Medicine Specialist

Luke M. PittoniSenior PartnerHeidell, Pittoni, Murhpy & Bach, LLP

• An update on fetal strip categorization• Ensuring accurate readings and interpretations of fetal strips • Assessing emerging technologies that can assist with

evaluations and interpretations of fetal heart rate patterns • Common claims of negligence involving Fetal Monitoring

Strips• Degree of sophistication of training of OB nurses regarding

fetal monitoring and the disputes between doctors and nurses when a strip is misread

• Potential liability resulting from a lack of FM scrutiny by a physician

• Avoiding the pitfalls of overreliance on fetal heart rate algorithms

5:45 Conference Ends

© American Conference Institute, 2015

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as non-transitional for the purposes of CLE accreditation.

ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board

ACI certifies that this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

CLE Credits

Continuing Legal Education Credits

Day Two: Wednesday, June 24, 2015


Each year more than 15,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events – and the numbers keep growing.

Guaranteed Value Based on Comprehensive Research

ACI’s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of our conferences based on comprehensive research with you and others facing similar challenges. We speak your language, ensuring that our programs provide strategic, cutting edge guidance on practical issues.

Unparalleled Learning and Networking

ACI understands that gaining perspectives from – and building relationships with – your fellow delegates during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible.

American Conference Institute: The leading networking and information resource for counsel and senior executives.

Is your organization recruiting specialists with expertise in this area?

Many of our speakers and delegates use our conferences to recruit for new, expert talent to fill open positions at their firms.Because ACI provides many niche conferences annually, our events are a great way to discover a rich pool of highly qualified talent.

Announcing the ACI Job Board

Visit www.americanconference.com/blog and navigate to the ACI Expert Jobs link. It’s quick, easy and free for you, your in-house recruiters, or anyone in your firm to post current open positions and take advantage of our exclusive community of experts. The newly posted jobs will appear on the relevant sections of www.americanconference.com and our partner sites, ensuring that your free job listing is visible to a large number of targeted individuals.

With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world.

As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation.

For more information about this program or our global portfolio of events, please contact:

Wendy Tyler Director of Sales, American Conference Institute

Tel: 212-352-3220 [email protected]

Global Sponsorship Opportunities

The Union League, which occupies an entire city block in the center of Philadelphia’s commercial and cultural district, is a shining jewel of history in a city defined by such treasure. Founded in 1862 as a patriotic society to support the policies of President Abraham Lincoln, The Union League has hosted U.S. presidents, heads of state, industrialists, entertainers and visiting dignitaries from around the globe. The classic French Renaissance-styled League House, with its brick and brownstone façade and dramatic twin circular staircases leading to the main entrance, is listed in the National Historic Register, and dates back to 1865, when the Broad Street

building was completed. Adorning the walls and hallways is the League’s distinguished art collection, artifacts imbued with the heritage and culture of its membership. The collection is a rich, historical chronicle of Philadelphia’s unique imprint upon the American landscape from the nineteenth century to today.

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the Union League directly at 215-587-5570 and mention the “ACI Obstetric Malpractice” conference to receive this rate.

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Cancellation and Refund PolicyYou must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary and will not be responsible for airfare‚ hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date‚ content‚ speakers‚ or venue.

Hotel InformationAmerican Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the “ACI Obstetric Malpractice” conference to receive this rate.

Venue: The Union League of PhiladelphiaAddress: 140 South Broad Street, Philadelphia, PA 19102Reservations: 215-587-5570

Registration FeeThe fee includes the conference‚ all program materials‚ continental breakfasts‚ lunches and refreshments.

Incorrect Mailing InformationIf you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 1-877-927-1563, or email [email protected] reserves the right to deny admission to anyone, at any time, for any reason.

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ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Chief of Obstetrics, Litigation Manager, Medical Malpractice Lawyer

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American Conference Institute’s 14th Annual Advanced Forum on

OBSTETRIC MALPRACTICE CLAIMS

June 23–24, 2015 | The Union League | Philadelphia, PA

739L15.S

american conference institute’s 14th annual advanced forum ... fo… · american conference...

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