HB Tort Notes Archives

Kenneth Jones of Tanenbaum Keale on Law Firm Tech Development Capabilities

October 16th, 2018|Categories: HB Risk Notes, HB Tort Notes|Tags: data security, law firm clouds, law firm security|

Should Law Firms Should be Able to Develop Custom Technologies? Here is #10 of Jones' Top-10 List. #10. Security. The cloud is great, and generally speaking, companies in this space operate systems in a highly professional manner. However, occasionally one encounters special business needs which call for extensive “above and beyond” levels of security. This could be times a firm is storing financial information, medical records, or other data they wish to absolutely, positively protect. In these situations — under the theory that “no one does things better than I do” —it’s nice to have the option to build super-secure systems with features such as encrypted data within database tables, and to manage the systems with a very small number of highly trusted professionals specifically known by the law firm. Read more of the article posted by Thomson Reuters. Kenneth Jones oversees various aspects of technology at Tanenbaum Keale LLP in the role of Chief Technologist. He leads efforts to support TK’s computing environment and infrastructure, one that features a strategy of professionally protecting and processing client data in the cloud with highly skilled and respected leading-edge business partners in the technology space. Ken also helps lead and support various TK programs in the areas of security, compliance, business continuity and firm administration. Learn more.

Cognitive Shortcuts: Assessing Case Value & Litigation Risk with Homer Simpson and Spock

September 11th, 2018|Categories: HB Tort Notes|Tags: jeff trueman, lead paint, litigation settlements, mass torts, Mediation, toxic torts|

By Jeff Trueman, Esq. Mediator The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, “What’s the case worth?” Although lead paint litigation may be going through some changes, it remains a mature tort where enough historical settlement and verdict data exist for counsel to argue why a particular case should or should not fit within a certain settlement range. In the midst of these discussions, the human brain plays tricks on us. For example, litigators sometimes assume that their trial experience can determine how jurors will negotiate with one another and resolve factual discrepancies after closing arguments. This assumption is a “heuristic” – a cognitive shortcut called attributional error or illusion of control. Underneath the games of litigation “chicken” that are the hallmark of settlement negotiation, heuristics lead to erroneous valuations and assessments of risk. Although more than one hundred heuristics exist, approximately 15-20 occur commonly in the context of settlement negotiations. It is easy for potential clients to employ a heuristic similar to the illusion of control by imagining a connection between something they desire, such as a favorable case outcome, and the past successes of their prospective lawyer. Representative and confirmation biases influence how we connect “model” to “outcome.” When differences over case value intensify, litigators return to threats of [...]

Complex Post-Settlement Liens | CLE Course | Recorded July 26, 2018

September 1st, 2018|Categories: HB Tort Notes, Torts-On-Demand-CLE|Tags: lien resolution, mass tort settlement, mass torts, Medicare secondary payer, personal injury, personal injury settlement|

Two ways to access this session. Get it direct from HB for just $197 for the video -- audio synced with slides. Or, it's included in your West LegalEdcenter (Thomson Reuters) subscription. ____________________ Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group Complex Post-Settlement Liens: Beyond Traditional Medicare and Medicaid Issues Take this highly practical course with two deeply experienced practitioners who share insights on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action [...]

Alliance of Women Trial Lawyers | First Fall Conference 2018 | Oct. 27-29, 2018 | New Orleans

August 31st, 2018|Categories: HB Tort Notes|Tags: alliance of women trial lawyers, AWTL, mass torts, nancy holston, New Orleans plaintiff conference, women in mass torts, women trial lawyers|

Contact Nancy Holston Founder Alliance of Women Trial Lawyers nancy@awtriallawyers.com DETAILS When Oct. 27-29, 2018 Meeting Venue Ritz-Carlton New Orleans LEARN MORE REGISTER Prices The Alliance is all about women helping women so they're offering discounts to anyone who brings a law student, clerk, or first year associate to the conference with them. 1st and 2nd Attendee: $895/Attendee 3 or more Attendees from same firm: $795 each 1 Attendee with Guest (Law Student, Clerk or 1st Year Associate): $1,295 for Attendee and Guest More than 5 Attendees please fill out their Contact form or call Nancy Holston at 850-304-9674 for more information To Register by Check: Click here for Payment by Mail Registration Form. New Alliance of Women Trial Lawyers Announces First Event in New Orleans Congratulations to Nancy Holston on the formation of the Alliance of Women Trial Lawyers. HB is proud to support this group and a mission that is dear to our hearts -- promoting the careers of women professionals. Nancy has been successful at building events for plaintiff attorneys -- some you may have probably attended! -- and it's great to see her strike out on her own to develop something she believes in. Take a minute to learn more about the AWTL, and see who is speaking at their first event. AWTL Vision To create a community that inspires [...]

HB Announces Alliance with Alliance of Women Trial Lawyers

August 28th, 2018|Categories: HB Tort Notes|Tags: alliance of women trial lawyers, litigation skills, mass torts, trial skills, women in mass torts|

We are proud to announce our latest alliance with a new trial attorneys group just for women on the plaintiff side of tort litigation. Founded by plaintiff law conference veteran Nancy Holston, the Alliance of Women Trial Lawyers is committed to empowering these professionals, helping them to overcome "systematic obstacles and to realize greater self-sufficiency and wholeness through support, acknowledgement and utilization of dormant, yet innate strengths." Before founding the Alliance in July 2018, Nancy was a principal at 360 Advocacy and before that the first Executive Director of Mass Torts Made Perfect. Nancy is well-connected in the plaintiff bar and is excited by the initial reaction to her new venture. Nancy is equally inspired by the feedback she is getting for the Alliance's first national conference which will be held from Saturday, Oct. 27th through Monday, Oct. 29 at the Ritz-Carlton in New Orleans. The program features many of the leading women trial attorneys in the country and a range of topics on practice development, litigation strategy, preparing witnesses, jury selection, deposition skills, direct examination, opening arguments and ethical issues involved in settlements. "I admire anyone who takes a risk to do something they believe in, and Nancy has demonstrated both enthusiasm and commitment to improving the professional lives -- and personal lives, for that matter -- of women who represent plaintiffs in [...]

Oracle Health Sciences on Pharmacovigilance and Artificial Intelligence

August 22nd, 2018|Categories: HB Risk Notes, HB Tort Notes|Tags: adverse incident, artificial intelligence, drug safety, pharma regulation, pharmacovigilance|

"The potential to use artificial intelligence methods increasingly for the analysis of the increasing amounts of pharmacovigilance data is well understood and many companies are moving (or planning to move) there, and we can predict that routine tasks in pharmacovigilance will in the future be increasingly automated. It will be crucial, however, for regulatory authorities to very clearly provide a position about the use of AI as well as the acceptable level of quality from AI applications. But in parallel with the shaping of those definitions, given the massive increase in their AE case workloads that most companies are currently experiencing, the industry will out of necessity proceed swiftly with the adoption of AI and cloud technologies to reduce their costs and increase their efficiencies. "Like other industries, the pharmaceutical business and in particular the pharmacovigilance field will see a massive change in their processes in the near future, away from tedious, repetitive manual tasks towards a better utilization of scarce resources, in particular medical and scientific knowledge, for value-adding tasks. It is imperative for all stakeholders – industry, service providers and regulators – to provide an environment in which such a transformation can take place without ever compromising public health or the safety of the individual patient, and ideally providing additional benefit for patients." A quote from Addressing the Data Challenges [...]

Artificial Intelligence in the Drug and Device Industries

August 9th, 2018|Categories: HB Tort Notes|Tags: artificial intelligence, drug discovery, drug law, drug tech, drugs and devices, pharma tech|

Are Data Divers and Miners Going to Lead Innovation? The big tech companies are into it. Apple, IBM and Google. Roche is into it. Medtronic, as well. Artificial intelligence has been a big part of innovation in the healthcare space for several years, and its impact is only going to get bigger. "Artificial intelligence-based healthcare technologies have contributed to improved drug discoveries, tumor identification, diagnosis, risk assessments, electronic health records (EHR), and mental health tools, among others," writes Blank Rome attorney Brian Higgins in his Artificial Intelligence and the Law Blog (it's excellent, by the way). [1] Daniel Faggella of TechEmergence.com writes that machine learning healthcare applications are getting a lot of attention in the press and from the investment community. He adds to the list of machine learning's impact things like treatment queries and suggestions, and even robotic surgery. But optimism for AI's application to drug discovery seems greater than that inspired by other healthcare sectors. One reason for that, Faggella writes, is that compared to other segments where various laws and stakeholder incentives may not align, "drug discovery stands out as a relatively straightforward economic value for machine learning healthcare application creators." He adds that this application also involves "one relatively clear customer who happens to generally have deep pockets: drug companies." [2] Also writing for TechEmergence.com, Kumba Sennaa says [...]

Right to Try Act: Commentary Roundup

July 20th, 2018|Categories: HB Tort Notes|

A Life Saver, Political Grandstand, or Harmful Scam? Depends on Who You Ask. And When. It's been two months since President Donald J. Trump signed into law the Right to Try Act which allows terminally ill patients access to experimental drugs not yet approved by the FDA. Like many things in America in 2018, opinions on the efficacy of this new law vary along party or ideological lines. Will it give hope and precious life-extending solutions for patients fighting terminal disease? Or is it a money-driven scheme intended to enrich corporations and the super rich? Signed into law on May 24, 2018, is it something that can be implemented effectively? Here are a few quotes that explain the controversy. Additional commentary or insights welcome. Send yours to Editor@LitigationConferences.com. "Timely access to promising treatments in ... devastating circumstances." "This new law amends the Federal Food, Drug, and Cosmetic Act to establish a new pathway aimed at increasing access to unapproved, investigational treatments for patients diagnosed with life-threatening diseases or conditions who have exhausted approved treatment options and who are unable to participate in a clinical trial. Our implementation of the Right to Try Act will build on our long-standing efforts to help patients and families who are facing life-threatening diseases or conditions, in a way that seeks to protect [...]

Complex Post-Settlement Liens | Webinar | July 26, 2018 | 2pm

July 4th, 2018|Categories: HB Tort Notes|Tags: opioid class action, opioid crisis, opioid epidemic, opioid litigation|

Date: July 26, 2018 Time: 2pm-3:30pm Fee: $125 Register and pay online or contact Kathleen.McFadden@LitigationConferences.com (484) 324-2755 x2000 Speakers Franklin Solomon Solomon Law Firm Brett Newman Lien Resolution Group Complex Post-Settlement Liens Join us for a highly practical session with two deeply experienced practitioners who will share their insights and answer your questions on issues that impact the cases on your desk today. Learn about the newest case law, agency positions and litigation tactics affecting health and disability plan reimbursement claims, including how to protect your clients and your practice in this rapidly developing area. Our speakers will discuss: Medicare Advantage Plans Federal Employees Health Benefits Act (FEHBA) Plans Employee Retirement Income Security Act (ERISA) Claims Medicare set-asides TRICARE Veterans Administration Claims Speaker Bios Franklin P. Solomon | Solomon Law Firm Franklin Solomon has a nationwide practice focused on evaluation, litigation and resolution of healthcare lien/reimbursement claims. He represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Most recently, he was plaintiffs’ counsel in two federal appellate court cases decided last summer: Wurtz v. The Rawlings Company, ___ F.3d ___, (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims against their insureds, and Taransky [...]

Miller Friel: Opioid Suppliers Are Right to Expect Insurance Coverage

June 1st, 2018|Categories: HB Risk Notes, HB Tort Notes|Tags: opioid class actions, opioid insurance, opioid litigation|

An excerpt from a post by Bernard Bell of Miller Friel PLLC "Because insurers are facing a difficult time evading coverage for opioid claims, they are raising all sorts of non-contractual defenses to avoid coverage, including a 'social insurance' argument they have raised in the past. "If past public health crises are prologue, these arguments will run something like this: Holding insurers responsible to pay for the costs of public services, including health care, will transform private party liability insurance into social insurance to underwrite public health epidemics caused by all manner of ills. According to insurers, this will, at a minimum, increase the cost of liability insurance, and financially harm liability insurers, who have not priced this risk into their premiums. Moreover, holding insurers liable to pay will shift costs away from those best equipped to address the social problem; the companies that supply the opioid products. "These arguments are inconsistent with insurance law, which permits parties to freely contract to cover risks, and which place the burden on insurers to pay for insured risk, even if they made an error in underwriting. Courts interpret insurance contracts according to their language and construe them against insurers if they are ambiguous, and in favor of an insureds’ reasonable expectations of coverage. "Moreover, to the extent courts are inclined to look past contract [...]

NLJ Reports on Plaintiff Idea to Get Around SCOTUS Door-Slam on Employee Class Actions

May 31st, 2018|Categories: HB Tort Notes|

Non-Mutual Offensive Collateral Estoppel? Rolls right off the tongue. The National Law Journal quoted Cohen Milstein Sellers & Toll’s Joseph Sellers as saying it’s a concept that’s gaining interest, but it’s still early. “If we had to litigate cases that would otherwise be a class action, and in the first case we prevail, the ordinary thing to do in the second case with the same issue would be to ask the arbitrator, who is not bound, to find the respondent precluded from relitigating the lawfulness of its defense when it was previously rejected as unlawful. That basically decides the second, third and fourth claims. But if the first claimant loses, the second claimant—who was not a party to that case in the way the employer was—is not bound by the decision.” Read more

How on Earth can a plaintiff plead and prove that a purported failure to report adverse events to the FDA caused him or her any injury?

May 31st, 2018|Categories: HB Tort Notes|Tags: medical device suit, Medtronic case, preemption|

Maybe a learned plaintiff attorney would like to weigh in, but for a defense commentary on the preemption — or not — of claims relating to injuries alleged to be the result of pre-market approved medical devices, see what Steven Boranian had to say in his recent post in the Drug & Device Law blog. Read more