The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies)

February 24th, 2023|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page|Tags: , , , , , , , , , , , , |

The Author Edgar C. Gentle III (egentle@gtandslaw.com) is founder and managing partner of Gentle, Turner, Sexton & Harbison LLC in Birmingham, Alabama, where he focuses on complex commercial litigation, mass torts, and class actions. He also serves as a court appointed neutral and settlement administrator. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale, and Practical Application (A Possible Dynamic Tort Remedy for Long-Term Tort Maladies) "States that allow medical monitoring do so when a group of claimants has been exposed to a known hazardous substance, such as lead, or a dangerous product, such as football helmet concussions, or air decompression in an airplane, through the conduct of the Defendant, with the claimants therefore being at increased risk of contracting disease.  Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years, to see if they contract the disease linked to the toxic substance or dangerous product. Thus, medical monitoring recognizes the long-term harmful nature of toxins and man-made products, thereby matching a remedy with the malady." Abstract: The author administers six mass tort settlements with [...]

Settlement Psychology: Who is in Control? Homer Simpson or Mr. Spock? | Complimentary Webinar

April 1st, 2019|Categories: Emerging-On-Demand-CLE, Featured On-Demand, Torts-On-Demand-CLE|Tags: , , , , , , , |

Settlement Psychology Who's in charge? Homer Simpson or Mr. Spock? Cognitive obstacles to finding common ground. Complimentary On-Demand Webinar From HB! 1 CLE credit CLE questions? CLE@LitigationConferences.com Questions for speakers? Questions@LitigationConferences.com SPEAKERS Jeff Trueman Mediator / Negotiator John Philip Miller Baltimore City Circuit Judge (ret.) This course is also available via the West LegalEdcenter. Improve your negotiation strategy and outcomes. Mediator, arbitrator and settlement conference neutral Jeff Trueman says the lawyer’s mind can sometimes play tricks on them when it comes time to settle a claim. “The central question on the minds of counsel, their clients, and insurance professionals in civil litigation is, of course, ‘What’s the case worth?’ For mature torts there is 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.” Backed by his decades of psychological and economic sciences research, Trueman says there is a lot of room [...]

Verdict & Settlement Lien Resolution Webinar | 3/6/2019

February 22nd, 2019|Categories: Uncategorized|Tags: , , , , , |

DATE: March 6, 2019 TIME: 4 p.m. EDT; 3 p.m. CDT; 2 p.m. MDT; 1 p.m. PDT PLACE: Your computer or mobile device PRICE: $247 -- but just $197 through Feb. 28 with promotion code JVRA50 GROUPS ARE GOOD: Registering qualifies you to multiple attendees at your location. CLE: 1 credit Please send CLE questions to CLE@LitigationConferences.com SPEAKERS: Franklin Solomon Solomon Law Firm     Brett Newman Newman Settlement Services Group       Tort Settlement Lien Resolution: Beyond Traditional Medicare and Medicaid Issues to ERISA, FEHBA, Medicare Advantage, VA, Tricare and Medicare Set-Asides. 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 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 A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in Cherry Hill, NJ, with a practice focused on evaluation, litigation and resolution of healthcare “liens” and reimbursement claims. Franklin represents personal [...]

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

September 1st, 2018|Categories: HB Tort Notes, Torts-On-Demand-CLE|Tags: , , , , , |

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 [...]

Mass Tort Med School | May 9-11, 2018 | New York

January 11th, 2018|Categories: HB Risk Notes|Tags: , , , , , , , , , , , , , , , |

CHAIRS Vicki Maniatis | Partner |  Sanders Phillips Grossman, LLC Both federal and state judges have appointed Vicki as lead counsel on various Plaintiffs’ steering committees in well-known mass tort cases. She has received several distinguished honors as a top attorney and is active in the New Jersey Association for Justice, the American Association for Justice, and the New York State Trial Lawyers Association.   Vicki is one of the founding faculty members of the Mass Tort Med School. Read more.  Dr. John Restaino, MPH, JD, DPM | Senior Of-Counsel Attorney |  Sanders Phillips Grossman, LLC John works with the firm on several litigations including the opioid "mass fatality crisis" litigation, transvaginal mesh and talc/ovarian cancer litigation.  John practiced surgery of the foot and ankle from 1980 to 1990, prescribing opioids during that time and has practiced at the law since 1991.  He obtained his MPH from the Division of Epidemiology at the Johns Hopkins Bloomberg School of Public Health in 2008.  Read more. Harris L. Pogust | Partner | Pogust Braslow & Millrood LLC Harris has spent his career representing people who have been injured not only by the negligence of others, but also by the greed and intentional actions of large corporations across the country, as well as the federal government. For more than 25 years, Harris has been litigating, bringing to trial, and settling claims, and [...]

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