Traumatic Brain Injuries: Demonstrating or Disputing the Existence and Extent of Brain Damage Using Expert Witnesses
Strengths and Weaknesses of Different Specialties, Credentialing and Demeanor, Establishing Bias, Addressing Overreaching

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, December 14, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will offer advanced guidance to personal injury attorneys proving or challenging the existence and extent of injury in traumatic brain injury (TBI) cases. The panel will explore what types of experts should be engaged, what to look for in credentialing and demeanor, and strategies for establishing bias, overreaching, or even incompetence in opposing experts.
Faculty

Mr. de Saint Phalle has established himself as one of California’s top personal injury trial lawyers, having personally litigated multiple cases to settlement, verdict, or judgment with awards in excess of $1,000,000 and as high as $25,000,000. For the last fifteen years, he has been running a trial team dedicated to the representation of injured individuals in California which has handled matters specializing in civil litigation that involve complicated medical issues and disabilities. Mr. de Saint Phalle is an accomplished civil litigator in a variety of areas, including industrial accidents, product liability, exceptions to workers’ compensation, premises liability, professional malpractice, auto, bicycle and boating accidents, as well as business disputes.

Licensed as a chiropractor, Dr. DeGaetano has worked with medical doctors, chiropractors and law firms all over the United States to help professionals work together across disciplinary lines. His areas of expertise include whiplash and brain trauma, the biomechanics of spine trauma, soft tissue injury and repair, pain and proprioceptive neurology, and the management of spine and spine-related disorders.

Mr. Hall is a partner at Chamblee Ryan. His legal practice focuses on civil and commercial litigation in a wide array of areas, including trucking and transportation, non-subscriber claims, personal injury, construction litigation, medical and dental malpractice defense, and general negligence lawsuits in a wide range of industries. Mr. Hall also has a business and transactional background and provides valuable consulting to his clients related to entity formation, partnership agreements, and other general business and contract issues. He is a frequent speaker and presenter at various continuing education classes and seminars dealing with a variety of litigation topics and strategies.
Dr. Gross is a neurologist in Philadelphia, Pennsylvania. He received his medical degree from Stony Brook University Health Sciences Center School of Medicine and has been in practice for more than 20 years.
Description
TBI is a leading cause of death and disability in the United States. Demonstrating TBI can be difficult due to the variety and complexity of brain injuries, the lack of objective diagnostic tests, the reliance on self-reporting of symptoms, and heightened scrutiny of claims by the defense.
Evidence of brain injury--brain malfunction--comes in three broad forms: brain imaging evidence, such as CT scans, MRIs, PET, and DTI, showing physical changes; neuropsychological tests such as Videonystagmography, Posturography and Brain Mapping in addition to Neuropsychological Testing; or lay testimony showing changes in memory, cognition, mood, and behavior. These studies can show structural changes to the brain and related nervous system regions, damage to the central and peripheral nervous systems based upon physiological abnormalities revealed and cognitive (including memory)/behavioral/mood dysfunction shown through Neuropsychological test results. Counsel must coordinate multiple experts, and both sides must understand the mechanics of deposing and cross-examining them.
Listen as this experienced panel offers advanced guidance for establishing or challenging the existence and extent of TBI and reviews best practices for assembling and coordinating the right experts.
Outline
- Defining TBI
- Selecting the right TBI experts for the case
- Supporting and challenging imaging
- Traditional imaging
- DTI
- Supporting and challenging behavioral testing
- Cross-examination strategies
- Recording examinations
Benefits
The panel will review these and other pivotal questions:
- How should attorneys for both sides evaluate causation?
- Should every TBI plaintiff undergo neuropsychological testing?
- What are the best strategies to present evidence of cognitive or behavioral dysfunction?
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