Agenda / Content Covered

1. Pain and Suffering Damages: A Brief Introduction
   9:00 - 9:30, Terrence J. Kenneally
2. How Insurance Companies Evaluate Pain and Suffering
   9:30 - 10:00, Terrence J. Kenneally
   1. Key Factors Adjusters Consider
   2. Colossus/Software Programs
   3. Claimant and Attorney Factors
   4. Setting of Reserves
   5. Insurance Coverage
   6. Documentation That Makes a Difference in an Adjuster's Evaluation
3. Insights on Pain, Suffering and Causation
   10:15 - 11:15, Brian N. Ramm
   1. The Science of Pain
   2. Physical Pain and Suffering vs. Mental Suffering
   3. Measuring Pain: Objective vs. Subjective Diagnosis and Testing
   4. Acute Pain vs. Chronic Pain
   5. Pain Over Time
   6. How Pain is Treated/Controlled
   7. Cause of Pain: Injury, Aging or Prior/Subsequent Conditions?
   8. How Pain Can Exacerbate or Trigger Other Conditions
4. Quantifying Pain and Suffering Damages
   11:15 - 12:00, Ryan M. Harrell
   1. Factors to Consider in Quantifying Pain and Suffering Damages
   2. Finding Evidence: What to Look for, Where to Get It
   3. Medical Records, Charts, Prescriptions and Doctors' Notes
   4. Documenting Psychological Harms
   5. Liability and Apportionment
   6. Authoritative Resources to Use
   7. Using Experts to Quantify Pain and Suffering
   8. Calculating Future Pain and Suffering
5. Handling Lien Claims
   1:00 - 1:45, Scott E. Stewart
   1. Understanding Lien Rights and Limitations
   2. When Are Pain, Suffering and Other Nonmedical Losses Subject to a Lien?
   3. Ahlborn and Other Key Case Law
   4. Settlement Designations and Allocations
   5. Building a Case to Limit Repayment
   6. Handling Claims Against Recovery
      1. Medicare Liens
      2. Medicaid Liens
      3. ERISA/Health Insurance Liens
6. Negotiating and Litigating P&S Damages: Defense Perspective
   1:45 - 2:30, Douglas P. Holthus
   1. Using Discovery to Defend Against Pain and Suffering Claims
   2. IMEs and the Examiner's Observations
   3. How to Counter Sympathy Tactics and Graphic Displays
   4. Negotiating Tips to Minimize Pain and Suffering
   5. How to Get Your Evidence Admitted and Keep Theirs Out
   6. Jury Selection/Voir Dire Questions
   7. Using Medical Records/Notes and Doctor Testimony
   8. How to Present Pain and Suffering at Closing
7. Negotiating and Litigating P&S Damages: Plaintiffs' Tactics
   2:45 - 3:30, Ryan M. Harrell
   1. Direct Negotiations with Insurance Claims Representative
   2. Lay Witnesses
   3. Using Expert Reports and Testimony
   4. Using the Discovery Process to Build Pain and Suffering Claims
   5. Pain and Suffering in Wrongful Death Cases
   6. How to Get Your Pain and Suffering Evidence Admitted (and Keep Theirs Out)
   7. How to Prove Pain and Suffering at Trial
8. Legal Ethics
   3:30 - 4:30, Nicholas E. Froning
   1. Attorney-Client Relationship
   2. Conflicts of Interest
   3. Attorneys' Fees
   4. Duty of Candor

NICHOLAS E. FRONING is an attorney in the law firm of Koblentz & Penvose, LLC. Mr. Froning practices primarily in the area of ethics and professional responsibility, including law practice management, attorney discipline defense and licensure defense. He regularly presents ethics and professional responsibility seminars to lawyers in Northeast Ohio. He earned his J.D. degree from Cleveland-Marshall College of Law. Mr. Froning is a member of the Cleveland Metropolitan Bar Association, Westshore Bar Association and various civic organizations.

RYAN M. HARRELL is an attorney with The Law Firm of Green Haines Sgambati. Mr. Harrell focuses his practice on personal injury and medical malpractice claims against the individuals, companies, and insurance carriers legally responsible for these harms. He earned his undergraduate degree from Miami University and his J.D. degree, magna cum laude, from Cleveland-Marshall College of Law. Mr. Harrell was selected to Super Lawyers in 2018 and 2019, is admitted to the Ohio State Bar Association and is a member of the Ohio Association for Justice.

DOUGLAS P. HOLTHUS is the administrative partner for the Columbus, Ohio office of Mazanec, Raskin & Ryder Co., L.P.A. His practice areas include business/commercial litigation, civil rights and governmental liability, construction litigation, directors and officers liability, employment law, insurance coverage and bad faith, professional liability and public sector law. Mr. Holthus is a member of the American Bar Association, the Ohio Association of Civil Trial Attorneys (OACTA), the Columbus Bar Association (Professionalism Committee, past chair) and the Professional Liability Defense Federation (member, Board of Directors). He earned his B.A. degree from Wittenberg University and his J.D. degree from Capital University Law School.

TERRENCE J. KENNEALLY is an insurance defense attorney and the president of Terrence J. Kenneally & Associates Co. He practices over a wide geographic area of the state, with emphasis on trial litigation. In his career, Mr. Kenneally has tried more than 400 jury trials. He has written articles for Ohio Lawyer magazine titled, "Taking a Look at Animal Liability Law in Ohio" and "Dogged Liability." Mr. Kenneally is a frequent speaker at claim seminars and a lecturer on a variety of topics for CLE programs. He was recognized as an Ohio Super Lawyer by Cincinnati Magazine. Mr. Kenneally has achieved board certification in civil trial advocacy by the National Board of Trial Advocacy and is also a diplomat of the American Board of Trial Advocates. He is a member of the American, Ohio State, Cuyahoga County, Lorain County and Mahoning County bar associations; the Ohio Association of Civil Trial Attorneys; and the Cleveland Association of Civil Trial Attorneys. He earned his B.A. degree from Cleveland State University and his J.D. degree from the University of Akron.

BRIAN N. RAMM is a partner at Benesch Friedlander Coplan & Aronoff LLP, where his practice has a concentration in the national defense of pharmaceutical companies in federal and state courts. His other areas of practice include general product liability, medical malpractice, and toxic tort defense, defending catastrophic personal injury claims. Mr. Ramm has been listed as an Ohio Super Lawyer from 2012-2019 and in the Top 100 of Ohio Super Lawyers in 2018 and 2019. He was also elected to Best Lawyers in America for product liability defense and awarded their Lawyer of the Year designation for Cleveland, Ohio in product liability in 2018. Mr. Ramm received his B.A. degree from Miami University and his J.D. degree from the University of Toledo College of Law. He is admitted to the Ohio State Bar Association, the U.S. Court of Appeals for the Sixth Circuit, and the U.S. District Court for the Northern and Southern districts of Ohio. Mr. Ramm is a member of the Federal Bar Association, Northern District of Ohio Chapter (elected board member); American Bar Association; Ohio State Bar Association; Cleveland Metropolitan Bar Association; Mahoning County Bar Association; Defense Research Institute; Ohio Association of Civil Trial Attorneys; and the Cleveland Association of Civil Trial Attorneys.

SCOTT E. STEWART is the principal in the Cleveland law firm of Stewart & DeChant, LLC. He focuses in the areas of personal injury, legal malpractice, insurance law bad faith claims, admiralty, vehicle and truck accidents, intentional tort, products liability and other areas of personal injury practice. Mr. Stewart is designated as a Civil Trial Advocate by the National Board of Trial Advocacy for the last 25 years. He is a member of the Million Dollar and Multiple Million Dollar Advocates Forum, the Cleveland Academy of Trial Attorneys, the Ohio Academy of Trial Lawyers, and the American Association for Justice. Mr. Stewart is a diplomat in the American Board of Professional Liability Attorneys, as well as a member of the American Judicature Society, the National Organization of Social Security Claimant's Representatives, the Ohio State Bar Foundation and one of fewer than 130 associates of the American Board of Trial Advocates. Mr. Stewart earned his B.A. degree from Bethany College and his J.D. degree from Case Western Reserve School of Law.