BarbriSFCourseDetails

Course Details

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

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

  1. Defining TBI
  2. Causation and mechanism 
  3. Selecting the right TBI experts for the case
  4. Supporting and challenging imaging
    1. Traditional imaging
      1. CT
      2. MRI
    2. DTI
  5. Supporting and challenging behavioral testing
  6. Supporting and challenging biomarker testing 
  7. Cross-examination strategies
  8. 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?