Trial Demonstration: Cross Examination of Defense Experts

Friday, November 6, 2009

CASES PRESENTED:
  1. Workers' Compensation: defense neurosurgeon medical examination - back injury
  2. Medical Malpractice: defense psychiatrist - monitoring psychiatric patient - duty of care and protection
  3. Low Impact Auto Collision: defense neuropsychologist - mild closed head injury
  4. Accident Reconstruction: accident reconstruction defense expert
Defense counsel will present direct examination of defense experts, who will be cross-examined by plaintiff's counsel.


DEMONSTRATION I: CROSS EXAMINATION OF NEUROSURGICAL IME
Counsel for Claimant: Barry S. Moller, Cramer & Anderson, LLP, Litchfield
Counsel for Respondent: Brian L. Smith, Sharp, Shields & Smith, Rocky Hill
Respondent's Expert: Patrick, M.D., Waterbury

Case Summary
The Claimant claims to have injured his back on August 21, 2006 during his course of employment at a sheet metal company.  The Claimant told his employer that he fell from a large ceiling pipe onto the top of scaffolding and was about to fall off the scaffolding when he pulled himself back to safety.  A Hartford neurosurgeon performed a decompression and fusion with pedicle screw placement at the L5-S1.  The case has been contested and the Claimant claims compensability.  The Claimant maintains his need for back surgery is compensable and directly related to the fall of August 21, 2006.

The Respondent claims that the Claimant had a work-related back injury in California in 2003 and an intervening motor vehicle accident prior to his fall at the sheet metal company.  They further contend that he was symptomatic between his fall in California until his claim in Connecticut.  the Respondent's defense Medical Examination (IME), Michael Karnasiewicz, M.D., opines upon review of the diagnostic testing, work history and the Claimant's history that the Claimant's pre-existing condition was the most substantial factor requiring his surgical procedure rather than the injury of August 21, 2006.

Issue:  Was injury a substantial factor in necessitation of the back surgery based on examination and patient history.


DEMONSTRATION II: CROSS EXAMINATION OF PSYCHIATRIST
Counsel for Plaintiff: Angelo A. Ziotas, Silver Golub & Teitell, LLP, Stamford
Counsel for Defendant: Eric J. Stockman, Neubert, Pepe & Monteith, P.C., New Haven
Defense Expert: Andres Martin, M.D., M.P.H., Medical Director Children's Psychiatric Inpatient Service, Yale-New Haven Children's Hospital

Case Summary
This physician was an expert for a defendant hospital in a medical malpractice action, in which the plaintiff claimed that the hospital and an ambulance company failed to protect a 17 year old, who committed suicide by jumping to his death, from an ambulance, while being transported to a mental hospital.

The expert was offered to refute the plaintiff's claims that the decedent should have been restrained during this transfer, by claiming that the patient did not appear suicidal and that restraints should not be used unless they are clearly necessary.

Issues:  The use of JCAHO standards, medical literature, including literature written by the expert, the standard of care as to both defendants, as well as the restraint issue.


DEMONSTRATION III: CROSS EXAMINATION OF NEUROPSYCHOLOGIST
Counsel for Plaintiff: Michael A. D'Amico, D'Amico Griffin & Pettinicchi, LLC, Watertown
Counsel for Defendant: Richard A. O'Connor, Sachner & O'Connor, LLC, Middlebury
Defense Expert: James W. Pier, Ph.D., Cheshire

Case Summary
The plaintiff was injured in a rear-end collision when the Jeep in which he was a front seat passenger and stopped at a red light was struck by another car, driven by the defendant.  Both vehicles sustained moderate damage.

Plaintiff's primary injuries are tinnitus (ringing in his ears), hearing loss in both ears and a mild closed head injury.  The primary contested issue is the casual like between the crash and plaintiff's tinnitus, hearing loss and symptoms of closed head injury.  The defense neuropsychologist (Dr. Pier) opines that the plaintiff's cognitive deficits are likely due to either microvascular disease associated with his history of hypertension or sleep apnea.

Issues:  The relation between the low impact car crash and the plaintiff's symptoms suggestive of closed head injury.


DEMONSTRATION IV: CROSS EXAMINATION OF ACCIDENT RECONSTRUCTIONIST
Counsel for Plaintiff: James D. Bartolini, RisCassi & Davis, PC, Hartford
Counsel for Defendant,: Susan E. Malliet, Malliet & Geanuracos, LLC, West Hartford
Defense Expert: Michael Cei, Cei, Smith & Associates, Wallingford

Case Summary
This claim involves a two-car collision in which the plaintiff was traveling eastbound and the defendant, traveling southbound.  The collision at the intersection caused the defendant's car to flip over, traveling some 70' before coming to rest.  The plaintiff suffered multiple fractures of his femur and required a hip replacement which will need to be redone several times over his expected lifetime.

The defendant claims that she saw no approaching vehicles after stopping at the stop sign and looking both ways, and once in the intersection, saw a blur coming from her right and was then struck by the plaintiff's car.  The defense accident reconstruction expert (Mike Cei) opines that the cause of the accident was the plaintiff's excessive speed and that the defendant properly brought her car to a stop and acted reasonable in attempting to cross over the intersection.

Issues:  Mr. Cei's opinion on issues of both speed and look out.



IMPORTANT ANNOUNCEMENT: CTLA is going green!  Registrants will be able to access the seminar book on our website approximately one week prior to the seminar, where you may print the materials to bring with you to the program.  A CD of the book will be provided at the program.  You may purp\chase a hardcopy of the book for an additional charge.

Speakers

James D. Bartolini, Esq. (chair) RisCassi & Davis, PC
Richard A. Silver, Esq. (chair) Silver Golub & Teitell LLP
Michael A. Cei, Esq. Cei Smith & Associates, LLC
Michael A. D'Amico, Esq. D'Amico & Pettinicchi, LLC
Patrick Duffy, M.D. Patrick Duffy, M.D., LLC
Hon. Robert L. Holzberg, (ret), Esq. Pullman & Comley, LLC
Susan Malliet Law Office of Susan E. Malliet, LLC
Andres S. Martin, MD, MPH Yale-New Haven Children's Hospital
Barry S. Moller, Esq. Cramer & Anderson, LLP
Richard A. O'Connor, Esq. Sachner & O'Connor, LLC
James Pier, Ph.D.
Brian L. Smith, Esq. Sharp Shields & Smith
Eric J. Stockman, Esq. Neubert Pepe & Monteith, PC
Angelo A. Ziotas, Esq. Silver Golub & Teitell LLP

CLE Credits

This Continuing Legal Education program is appropriate for both newly-admitted and experienced attorneys, and has been approved for the following credits in accordance with the rule requirements of these states:

Skills
Connecticut 6.00 cr

Venue

441 Clark Ln., Orange CT 06477