20th Annual Advanced Forum on Obstetric Malpractice Claims - DS by C5Group

EARN CLE/Ethics CREDITS

YEAR ANNIVERSARY

OBSTETRIC

MALPRACTICE CLAIMS Virtual Conference | November 18th, 2021 Pre-Conference Workshop | November 17th, 2021

Distinguished Co-Chairs

Medical Insights From:

Jack Beam Managing Partner Beam Legal Team L.L.C. Joseph S. Picchi Managing Shareholder Galloway, Lucchese, Everson & Picchi

Insurance Industry Insights From:

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

Amy Evans Executive Vice President Liability Claims Division InterCare Ins.

Carolyn M. Salafia, MD Placental Pathologist Placental Analytics, LLC

Richard T. Henderson Senior Vice President TransRe

Max Wiznitzer, MD Pediatric Neurology UH Cleveland Medical Center

John Moore Assistant Vice President, Claims The Doctors Company

NEW for 2021: Pre-Conference Workshop November 17, 2021 clock 10:00 AM–1:30 PM

Myths vs. Truths: Examining Placental Pathology Challenges in Pregnancy Outcomes and Birth Injury Litigation

ĉ Understanding how COVID-19 is impacting obstetric malpractice trials ĉ Analyzing the use of telehealth in obstetric services ĉ Exploring ethical dilemmas in obstetrics malpractice

Plus! A Case Study on Breaking Down the Genetics of Cerebral Palsy

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bstetrics malpractice claims continue to be the most expensive of all medical malpractice claims. In 2020, we saw several multi-million-dollar verdicts. However, with the dawn of COVID-19, the way these cases are tried has changed. The virtual courtroom has transformed the dynamics of trial practice.

As medical science in the field of obstetrics continue to make innovative discoveries, develop rapidly changing technological advances, and provide increased access to new information, there are higher demands on standards of care. These developments while seemingly beneficial, unfortunately often lead to an increase in malpractice claims. All parties involved in the obstetric malpractice continuum – medical professionals, risk managers, insurance professionals, plaintiff and defense attorneys – need to stay current on the latest developments. During this one-of-a-kind event, our unparalleled faculty of obstetrics litigation stakeholders will share their insights on some of the most complex medical and legal challenges of today.

This conference is one of the best-kept secrets in OB Malpractice continuing education! It sources the leaders in both medicine & law and provides both the plaintiff & defense perspective. Manager of Risk & Claims, OB Hospitalist Group

Our distinguished faculty will share their insights on: ĉ How COVID-19 is impacting obstetric malpractice trials – from virtual court room proceedings to jury selection ĉ The evolving role and evolving liabilities of midwives and L&D nurses ĉ Legal challenges surrounding optimal management of high-exposure claims ĉ The controversy surrounding hypoxic ischemic encephalopathy (HIE) and cooling – debating the pros and cons ĉ The fundamentals of genetics relative to cerebral palsy ĉ Ethical dilemmas in obstetrics malpractice

HANDSHAKE

WHO YOU WILL MEET & WHY THEY ATTEND:

The seminar offered a wide variety of very relevant topics and speakers, fostering a diverse discussion among attendees about varying views on the topics presented. Managing Attorney, Galloway, Lucchese, Everson & Picchi

Plaintiff’s and defense attorneys, attend to get a solid grounding on the latest medical issues upon which cases are based. Insurance professionals attend to obtain valuable insights and strategies for assessing professional negligence claims and to better understand litigation strategies and hospital risk management techniques. Doctors, nurses, and hospital risk/quality assurance managers attend to benchmark your current practices and procedures and develop a deeper understanding of the current state of obstetric malpractice litigation.

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DISTINGUISHED FACULTY CONFERENCE CO-CHAIRS: Jack Beam Managing Partner Beam Legal Team L.L.C. (Chicago, IL)

Joseph S. Picchi, Esq. Managing Shareholder Galloway, Lucchese, Everson & Picchi (Pleasant Hill, CA)

DISTINGUISHED FACULTY: Paul A. Casi, II Sole Owner/Shareholder Paul A. Casi, II P.S.C. (Louisville, KY) Timothy H. Bendin Partner Bendin, Sumrall & Ladner, LLC (Atlanta, GA) Bradley M. Cosgrove Partner Clifford Law Offices (Chicago, IL) Jacob Diesselhorst, Esq. Partner Maples Nix & Diesselhorst, P.L.L.C. (Edmond, OK) Eleni A. (“Eleana”) Drakatos, Esq. Partner Yacobozzi | Drakatos LLC (Columbus, OH) Erick M. Elder Professor of Economics University of Arkansas (Little Rock, AR) Amy Evans Executive Vice President Liability Claims Division InterCare Ins. (Bellevue, WA) David B. Gazak, Ph.D., J.D., Managing Partner Gazak Brown, P.S.C. (Louisville, KY)

Thomas Geroulo Partner Bardsley, Benedict and Cholden, LLP (Scranton, PA) Jack Gresh Partner Hall Booth Smith, P.C. (Atlanta, GA) William P. Greubel, III Partner Swanson Martin & Bell, LLP (Chicago, IL) Richard T. Henderson Senior Vice President TransRe (New York, NY) Gerald D. Jowers, Jr. Partner Janet, Janet & Suggs, LLC (Baltimore, MD) LaMar F. Jost Member Wheeler Trigg O’Donnell (Denver, CO) John Moore Assistant Vice President, Claims The Doctors Company (Napa, CA) Benjamin A. Post Founding Partner Post & Post, LLC (Berwyn, PA)

Jim Puga Partner Leventhal Puga Braley P.C.(Denver, CO) Jesse M. Reiter, J.D. Owner and Managing Partner Reiter & Walsh, P.C. (Bloomfield Hills, MI) Michael G. Ross, MD MPH Distinguished Professor of Obstetrics and Gynecology and Public Health UCLA School of Medicine (Los Angeles, CA) Carolyn M. Salafia, M.D. Placental Pathologist Placental Analytics, LLC (Brooklyn, NY) Robert Shavelle PhD, FAACPDM Technical Director Life Expectancy Project (San Francisco, CA) Pankaj K. Shere Partner Huff, Powell & Bailey, LLC (Atlanta, GA) Bobbie S. Sprader Partner Bricker & Eckler LLP (Columbus, OH) Max Wiznitzer, MD Pediatric Neurology UH Cleveland Medical Center (Cleveland, OH)

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Pre-Conference Workshop

Wednesday, November 17, 2021 (EST) clock 10:00 AM–1:30 PM (Break 11:30 AM–12:00 PM)

Myths vs. Truths: Examining Placental Pathology Challenges in Pregnancy Outcomes and Birth Injury Litigation

microphone-alt David B. Gazak, Ph.D., J.D., Managing Partner, Gazak Brown, P.S.C. (Louisville, KY)

Paul A. Casi, II, Sole Owner/Shareholder, Paul A. Casi, II P.S.C. (Louisville, KY)

LaMar F. Jost, Member, Wheeler Trigg O’Donnell (Denver, CO)

Carolyn M. Salafia, M.D. , Placental Pathologist, Placental Analytics, LLC (Brooklyn, NY)

Challenges involving placental pathology have become more prevalent in obstetrical malpractice birth injury cases. For that reason, a thorough understanding of the legal strategies and limitations of placental pathology is key. • Understanding the basics of placental pathology • Assessing mechanisms of intrauterine infection and its effect on the fetus/baby • Recognizing infection » Markers of intrauterine infection, stress, and inflammation • Clinical vs. histological chorioamnionitis » When can histological chorioamnionitis cause injury in premature and full-term babies? » Determining whether a jury accepts histological chorioamnionitis an alternative causation theory • Identifying and analyzing the different types of imaging and scans and what they mean • Determining if COVID-19 will cause damage to the placenta if a mother tests positive • Discussing state of the art of placental pathology cases » Devising strategies to overcome anticipated defenses » Analyzing key literature on chorioamnionitis and understanding how it affects the state of these defenses » Determining the impact of placental pathology on an obstetrical malpractice case

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Main Conference

Thursday, November 18, 2021 (EST) 8:45 AM

Co-Chairs’ Opening Remarks microphone-alt Jack Beam, Managing Partner, Beam Legal Team L.L.C. (Chicago, IL)

Joseph S. Picchi, Esq., Managing Shareholder, Galloway, Lucchese, Everson & Picchi (Pleasant Hill, CA)

• Understanding the fundamentals of the pre-trial presentation in an obstetrics case • Determining what drives a jury decision in these high damage cases » Examining how masks in the court room may impact juror perception • Analyzing the changes in jury selection and how to select the best jurors in a post COVID-19 world 11:15 AM

9:00 AM

Obstetric Malpractice State of the Union 2021 and 20th Anniversary Conference Retrospect: A Conversation with Counsel, Doctors, and Insurers microphone-alt William P. Greubel, III, Partner, Swanson Martin & Bell, LLP (Chicago, IL)

Richard T. Henderson, Senior Vice President, TransRe (New York, NY)

Carolyn M. Salafia, M.D., Placental Pathologist, Placental Analytics, LLC (Brooklyn, NY)

• Analyzing medical trends and developments that have been game changers in the field of obstetrics • Breaking down top risk management factors and evaluating recent case patterns and settlements • Understanding COVID-19 and its impact on pregnancy • Identifying COVID-19 litigation concerns from health care providers relative to obstetrics • Assessing the impact of COVID-19 on a baby, before and after birth if a mother tests positive

Examining the Potential Liabilities Associated with the Expanding Role of L&D Nurses and Mid-Wives in Obstetrics microphone-alt Gerald D. Jowers, Jr., Partner, Janet, Janet & Suggs, LLC (Baltimore, MD)

Benjamin A. Post, Founding Partner, Post & Post, LLC (Berwyn, PA)

Michael G. Ross, MD MPH, Distinguished Professor of Obstetrics and Gynecology and Public Health, UCLA School of Medicine (Los Angeles, CA)

• Understanding the role that midwives and L&D nurses play during the entire pregnancy and the delivery process » Exploring why hospitals may or may not be opting for these licensed professions • Examining collaborative agreements midwives and L&D nurses have with hospitals • Evaluating insurance guidelines, supervision protocols, and potential liability

• Examining whether the COVID-19 vaccine has an impact on fertility

• Analyzing corporate negligence theories with respect to midwives, L&Ds, and hospitals

10:00 AM

• Determining the financial incentives plaintiffs’ attorneys have when a case is built against an L&D nurse

Morning Break

10:15 AM

Understanding How COVID-19 is Impacting Obstetric Malpractice Trials microphone-alt Bradley M. Cosgrove, Partner, Clifford Law Offices (Chicago, IL)

Amy Evans, Executive Vice President, Liability Claims Division InterCare Ins. (Bellevue, WA)

Jack Gresh, Partner, Hall Booth Smith, P.C. (Atlanta, GA)

• Exploring negligence theories used in cases involving mid-level practitioners related to dosages and timing of administering medications to accelerate labor and delivery » Assessing whether L&D nurses and midwives are equipped for early management and resuscitation of a newborn baby in a timely fashion • Analyzing outcomes: OBs vs. L&D nurses and midwives

12:15 PM

1:1 Networking

Analyzing the present state of virtual trials, mediations, and depositions • Evaluating whether they will continue post-pandemic

12:30 PM

Lunch

• Exploring new litigation techniques and evidentiary questions in light of rising verdicts

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1:15 PM

3:45 PM

Damages and Lifecare Planning Think Tank: Analyzing Claims and Legal Challenges Surrounding Optimal Management of High-Exposure Claims

Case Study: Breaking Down Genetics of Cerebral Palsy microphone-alt Max Wiznitzer, MD, Pediatric Neurology, UH Cleveland Medical Center (Cleveland, OH)

microphone-alt Erick M. Elder, Professor of Economics, University of Arkansas (Little Rock, AR)

Thomas Geroulo, Partner, Bardsley, Benedict and Cholden, LLP (Scranton, PA)

Robert Shavelle PhD, FAACPDM, Technical Director, Life Expectancy Project (San Francisco, CA)

MODERATOR: John Moore, Assistant Vice President, Claims, The Doctors Company (Napa, CA)

• Understanding how the complexion of damages for life care claims has changed since the start of the COVID-19 pandemic » Forecasting economic damages from 2020 in light of the economic slowdown because of the pandemic » Analyzing novel theories in damages • Case studies on the future of the collateral source rule • Developing best practices for selecting an expert damages witness, • Examining new motions strategies and methods for presenting defense damages narrative to the jury • Analyzing the big-ticket damages items stated by a plaintiff, and defense strategies to counter this

MODERATOR: Jim Puga, Partner, Leventhal Puga Braley P.C. (Denver, CO)

• Understanding the fundamentals of genetics on cerebral palsy • Determining whether genetics can mimic or imitate other condition being litigated during a case • Understanding the overlap of genetics and HIE 4:15 PM

Interpretation and Management of Fetal Heart Rate Monitoring Strips: Analyzing Recent Trends, AI Advancement, and Defining and Avoiding Liability microphone-alt Timothy H. Bendin, Partner, Bendin, Sumrall & Ladner, LLC (Atlanta, GA)

Jesse M. Reiter, J.D., Owner and Managing Partner, Reiter & Walsh, P.C. (Bloomfield Hills, MI)

Michael G. Ross, MD MPH, Distinguished Professor of Obstetrics and Gynecology an Public Health, UCLA School of Medicine (Los Angeles, CA)

• Understanding the effects of COVID-19 on life expectancy 2:15 PM

• Analyzing recent guideline changes of fetal heart rate tracing

Understanding the Controversy Around Hypoxic Ischemic Encephalopathy (HIE) and Cooling – Debating the Pros and Cons

• Understanding and managing the categories of fetal heart tracing

microphone-alt Jacob Diesselhorst, Esq., Partner, Maples Nix & Diesselhorst,

• Determining the amount of time that an obstetrician should be monitoring the strip for a low-risk versus a high-risk patient

P.L.L.C. (Edmond, OK)

Pankaj K. Shere, Partner, Huff, Powell & Bailey, LLC (Atlanta, GA)

Max Wiznitzer, MD, Pediatric Neurology, UH Cleveland Medical Center (Cleveland, OH)

MODERATOR: Jack Beam, Managing Partner, Beam Legal Team L.L.C. (Chicago, IL)

• Determining whether children with mild HIE should be cooled • Identifying what to do if a child who has received both HIE and cooling has had a normal MRI, and later has developed differences • Interpreting recent data from studied on HIE • Developing best practices for determining when an injury occurred • Determining which type of experts, you need to make your case: placental pathologists, pediatric neuro-radiologist, pediatric neurologist, geneticist, etc.? • Addressing the challenge of proving that an injury occurred before labor

• Examining techniques for how a doctor can determine when a fetal heart monitoring strip has deteriorated to such an extent that medical intervention is necessary

• Interpreting contraction patterns and their impact on fetal heart rate • Understanding advances in AI technology in reviewing fetal heart strips, and picking our deviations which may go beyond what the doctor immediately sees » How it can flag fetal distress » Should there be more AI in the labor and delivery process? 5:15 PM

Exploring the Ethical Dilemmas in Obstetrical Malpractice microphone-alt Eleni A. (“Eleana”) Drakatos, Esq., Partner, Yacobozzi | Drakatos LLC (Columbus, OH)

Bobbie S. Sprader, Partner, Bricker & Eckler LLP (Columbus, OH)

In this closing session, our speakers will provide a 360 view of ethics and professional conduct considerations in obstetric malpractice claims.

• Evaluating whether a utero infection can be a potential cause of injury

6:15 PM

3:30 PM

Co-Chairs’ Closing Remarks; End of Conference

Afternoon Break

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CONTINUING LEGAL EDUCATION CREDITS EARN CLE/Ethics CREDITS

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