New Trends in Medical Malpractice: From Conflict Checks to Trial
Illinois medical malpractice litigation evolves frequently, and this seminar is designed to give both advanced and new attorneys updates on the most recent trends and issues. The seminar will cover topics pertinent to trial preparation, including how to combat the Reptile Theory and how to reach the jury with exhibits, demonstrative evidence, and technology. Pre-trial topics will also be addressed, including conflicts of interest, Petrillo issues, and methods for preparing defense witnesses for deposition. Recent developments in birth injury cases will be addressed, as well as updates in Medicare Secondary payment laws. Medical malpractice attorneys of all experience levels will benefit from the wide-array of topics covered in this afternoon seminar.
Schedule
| 11:45 - 12:15 |
Registration and Light Lunch |
| 12:15 - 1:15 |
The Reptile Theory – Cutting Off the Head of the Snake: How the Defense Can Effectively Combat Reptile Tactics in Litigation
Presented by: Bryan Larsen, Lowis & Gellen
This panel session will discuss the reptile theory utilized by the plaintiffs’ bar, along with strategies healthcare risk managers and attorneys can utilize for combating these tactics during the pendency of litigation, from case inception through verdict. The panelists will share various ways to neutralize this litigation strategy, including, among other things, how to adequately prepare witnesses for their deposition testimony, how to craft effective motions in limine in advance of trial, and how to prepare for voir dire. Finally, the panelists will discuss some of their own personal experiences and encounters with the reptile theory, and lessons learned.
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| 1:15 - 2:00 |
Trying a Medical Malpractice Case with the Latest Exhibits and Technology
Presented by: Jerrod Mills, Trial Exhibits, Inc.
This session will give you information on the most recent technology and exhibits for use in a medical malpractice case. You will learn the "recipe" for an effective exhibit and how to better communicate a simple, distinct message to the jury. You will also learn how to create visuals with the complex details of your case so jurors can better comprehend your arguments. The difference between static and dynamic exhibits will be explained to help you create the exhibit most effective for your case. |
| 2:00 - 2:30 |
Update on Medicare Secondary Payment Laws
Presented by: Sammi Renken, Johnson & Bell, Ltd.
This session will discuss Medicare Secondary Payer and provide an update on Medicare Secondary Payment laws. It will also explore the relationship of the provisions of Medicare Secondary Payer with state law. |
| 2:30 - 2:45 |
Refreshment Break |
| 2:45 - 3:30 |
Birth injury updates
Presented by: Mimi Moon, Pretzel & Stouffer, Chartered
This session will provide an update on birth injury cases, including a discussion on effective strategies for attacking and reducing damages in catastrophic birth injury cases. Strategies for offsetting damages will be addressed, including approaches that will be used to attack the plaintiff’s life care plan. Brachial plexus injury cases will also be discussed, including the mechanics of a brachial plexus injury being from causes other than excessive traction. |
| 3:30 - 4:00 |
The Difficult Deposition: Strategies for Preparing Your Witness
Moderator: Kelly Pachis, Lowis & Gellen, LLP
Panelists: Dede Zupanci, HeplerBroom LLC; Jason Winslow, Hinshaw & Culbertson, LLP; and Tom Hayek, Behr McCarter & Potter, P.C.
The defense of a medical malpractice case can hinge on how well your witness appears at deposition. This panel session will focus on challenges that arise when preparing your witnesses for deposition. The experienced panelists will speak from the perspective of representing three different kinds of witnesses in a medical malpractice case: physician, nurse, and hospital administration. The panelists will discuss ways that you can help your witnesses understand how they will be tested. The panelists will also discuss methods for dealing with the difficult witness.
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| 4:00 - 4:30 |
Update on Conflicts and Ethics Laws
Presented by: Olivia Watters, Sandberg Phoenix & Von Gontard P.C.
Conflicts can occur in medical malpractice cases when an attorney represents a medical practice or facility where more than one practitioners’ care is called into question. This session will discuss how legal ethics rules are applied in medical malpractice cases and cases where practitioners’ dual representation were questioned. Recent updates in Illinois law on the application of the Petrillo doctrine in medical malpractice cases will also be discussed. |
| 4:30 - 5:00 |
Practical Considerations for Dual Representation
Moderator: Leslie Odom, HeplerBroom LLC
Panelists: Dede Zupanci, HeplerBroom LLC; Jason Winslow, Hinshaw & Culbertson, LLP; and Tom Hayek, Behr McCarter & Potter, P.C.
This panel session will discuss issues that arise when the attorney represents a medical practice or facility and individually named defendants. Not only are ethics and conflicts rules a consideration, but the attorney also has to consider Illinois’ Petrillo doctrine. The panelists will discuss these considerations and how to identify issues early in your case. |
| 5:00 - 6:30 |
Cocktail Reception, Prime & Provisions, Chicago |
Featured Speakers
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Tom Hayek is a partner with the law firm of Behr, McCarter and Potter. His areas of expertise include representing defendants in claims of healthcare professional negligence, insurer bad faith, products liability, aviation accidents, and general personal injury. He has tried numerous cases to verdict in Illinois and Missouri, both state and federal courts, and has argued multiple appeals before the state appellate courts in Illinois and Missouri, as well as the United States Courts of Appeal for the 7th and 8th Circuits. Tom obtained his Bachelor of Science degree in Electrical Engineering from the University of Missouri-Columbia in 1982, and his Master of Science degree in Electrical Engineering from Washington University in St. Louis, in 1984, where he concentrated his graduate studies in Biomedical Engineering. After working for a local hospital group, Tom attended law school at St. Louis University where he received the Everett Hullverson Award for Excellence in Trial Advocacy, and obtained his Juris Doctorate in 1989. In 2015, Tom completed 30 years of commissioned service in the Missouri Air National Guard, having achieved the rank of Colonel while commanding a unit of degreed engineers providing design and construction management services for military personnel across the globe. He served tours of duty in Afghanistan and Iraq, and was awarded the Bronze Star for his service as the Officer-In-Charge of Detachment 14, 732nd Expeditionary Civil Engineer Squadron in Al Asad, Iraq from December 2007 – June 2008. Tom also has his Commercial Pilot’s Certificate with 900+ hours flight time, and his Commercial Drone Operator License.
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 Bryan Larsen of Lowis & Gellen LLP has extensive trial experience in medical malpractice matters involving catastrophic injuries or death. He serves as national trial counsel for a hospitalist group employing more than 1,000 physicians across more than 30 states. He is frequently asked to try or provide trial assistance on cases where he did not conduct discovery. Typically, the injuries in those trials involved death, brain damage, paralysis, blindness, and/or chronic pain syndrome. Mr. Larsen’s university-based, scientific degree and training provide him unique insights into the medical defenses he builds for his clients. He has been repeatedly recognized with honors bestowed to less than 2% of attorneys 40 years old or younger. In addition, he has repeatedly been an invited speaker to national insurance carriers and medical centers.
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 Jerrod Mills serves as both Senior Consultant and Chief Operating Officer at Trial Exhibits, Inc. As a Senior Consultant, Mr. Mills advises attorneys regarding the planning and development of persuasive trial presentations including the creation of custom exhibits and the use of the latest courtroom technology. As Chief Operating Officer, Mr. Mills holds overall strategic and operational responsibility for Trial Exhibits, Inc. Over the past decade, Mr. Mills has consulted on over 2,500 cases and provided over 3,500 hours of in-courtroom/mediation/arbitration presentations. |
 Mimi K. Moon is a litigation partner at Pretzel & Stouffer, Chartered, handling a wide variety of civil disputes in state and federal courts across the country. She focuses on the defense of product manufacturers and distributors, health care providers and construction companies. She has extensive experience managing complex tort, medical negligence cases, as well as catastrophic personal injury cases. |
 Kelly Pachis, an associate with Lowis-Gellen LLP, concentrates her practice in civil litigation with an emphasis on medical malpractice defense, representing hospitals, nursing homes and physicians in various specialties, including internal medicine, obstetrics & gynecology, orthopedic surgery, general surgery, anesthesiology, urology, and neurosurgery. She has experience in all stages of the litigation process, from depositions to motion practice and trial. Ms. Pachis second chaired her first case at trial in May 2013, resulting in a verdict for the defendant neurosurgeon. Ms. Pachis was admitted to the Illinois Bar in 2011 and to the U.S. District Court for the Northern District of Illinois in 2013. She is an active member of the Illinois Association of Defense Trial Counsel, Chicago Healthcare Risk Management Society, and The John Marshall Law School Alumni Advisory Board. Ms. Pachis also serves as Second Vice President of the Bohemian Lawyers’ Association of Chicago. Ms. Pachis received her J.D. from The John Marshall Law School in 2011. While at John Marshall she served on the editorial board of The John Marshall Review of Intellectual Property Law and also served as a judicial extern to the Honorable Judge William D. Maddux, Presiding Judge of the Law Division of Cook County. Prior to law school, she earned a B.A., with Honors, from the University of Iowa in 2008, graduating with a major in Journalism and a minor in Political Science.
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 Sammi L. Renken is an experienced trial lawyer with litigation, advocacy and counseling skills that cross practice areas. Based on a broad jury trial background, Ms. Renken provides solutions and results for her client’s most challenging cases. Her practice has included representation and trials involving malpractice and medical actions, commercial and business disputes, nursing home litigation, drug and medical device lawsuits, Medicare and Medicaid audits, fraud claims, and attorney malpractice litigation. She has also represented various professionals in licensure matters before the Illinois Department of Financial and Professional Regulation. |
 Olivia Watters is of counsel at Sandberg Phoenix & von Gontard P.C.’s located in St. Louis, Missouri. She received her juris doctor from Southern Illinois University School of Law in 2006. She is licensed in Illinois and Missouri. She is a member of the Health Law Practice group at Sandberg Phoenix & von Gontard P.C.. She focuses her practice on defending hospitals, physicians, dental providers, and nursing homes in medical negligence actions and representing physicians, dental providers and other licensed professionals in Board/licensure matters.
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 Jason Winslow is a Partner at Hinshaw & Culbertson LLP. He practices primarily in St. Clair County and Madison County defending hospitals, physician groups, doctors, mid-level providers, and other medical professionals in medical malpractice suits. Prior to joining Hinshaw, Jason served as a Judicial Law Clerk to the Honorable William D. Stiehl, United States District Court, Southern District of Illinois from 2007-2009. During law school at George Mason University School of Law, he was Editor-in-Chief of the Federal Circuit Bar Journal, as well as a member of the Moot Court Board and National Trial Advocacy Team. |
 Dede Zupanci is a partner at HeplerBroom, LLC where she practices medical malpractice in the firm’s Edwardsville office. Her clients include hospitals, physicians, nurses, along with other healthcare providers. Ms. Zupanci co-authors the IDC Quarterly’s medical malpractice column and has lectured extensively on various healthcare litigation issues. She earned her J.D. from Saint Louis University in 2002.
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Continuing Legal Education Credit
The program has been approved by the Illinois MCLE Board for 4.5 hours of continuing legal education (CLE) credit. We have applied for 1.0 hours of professionalism/ethics creidt. In addition, we will apply for the following credit in other states:
- Indiana 4.5 CLE; 1.0 Professionalism
- Iowa 4.5 CLE; 1.0 Professionalism
- Mssouri 5.4 CLE; 1.2 Professionalism
- Wisconsin 5.4 CLE; 1.2 Professionalism
Registration & Location
Registration for this event is $25 for IDC Members ($50 for non-members). The seminar will be held at the offices of Hinshaw & Culbertson, LLP, 222 N. LaSalle Street, #300, Chicago. In addition, the seminar will also be offered live via WEBINAR.
Seminar Fees
Registration for this event is $25 for IDC members (Non-member $50).
Justification Letter
Need approval from firm leadership to help pay/offset your expense for attending the Legal Writing & Advocacy Seminar? If so, follow this link to view a Justification Letter template for you to use when making the request to your firm.
Refund Policy
Refunds must be requested in writing and will be made according to the following schedule:
- 50% Refund - Through February 28
- No Refund - March 1 - 15
Substitutions for your registration may be made. However, only one copy of seminar materials will be offered per registration. Please submit substitution information in advance of the event.
Questions?
Phone: 800-232-0169, Fax: 866-230-4415
Email: idc@iadtc.org
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