Traumatic Brain Injury Cases 101: Plaintiff, Defense, and Doctor Perspectives

Agenda / Content Covered

1. Tips From a Doctor: Investigating Closed Head Brain Injuries
   10:00 - 11:15, Eva Henry
   1. Anatomy of the Brain
   2. Types of Brain Injuries - in Detail
   3. What to Look for in Medical Records
   4. Deciphering Brain Injury Medical Terminology
   5. Identifying a Traumatic Brain Injury
   6. Clinical Examination and Testing - in Detail
   7. Diagnosing, Recording, and Reporting
   8. Framing the Degree (Gross Damage, Mild-to-Moderate)
   9. Functional Limitations of Mild Brain Injuries (No Fracture)
   10. "Co-Occurring" Psychiatric Disorders - Proving Exacerbation
   11. Treatment of a Closed Head Brain Injury
2. Calculating Brain Injury Damages and Life Care Plans
   11:30 - 12:30, Robert J. Kasieta
   1. Temporary vs. Permanent Brain Injury Damage Calculation
   2. Using Medical Records, MRIs, and CT Scans to Calculate Damages
   3. Calculating Past and Future Medical Expenses/Treatment
   4. Pre-Existing Conditions
   5. Loss of Enjoyment of Life and Companionship
   6. Lost Earnings and Lost Earning Capacity
   7. Pain and Suffering Damages
   8. Calculating Life Care Plans
3. Defense Tactics Unique to Brain Injury Cases
   1:00 - 2:00, T. Kevin Knight
   1. Finding Holes in Past and Present Medical/Emotional History
   2. What to Look for in Employer and School Records
   3. Using IMEs to Prove the Injury is Not Permanent
   4. Tips for Defending the IME
   5. Diagnosing Physician Deposition Strategies
   6. What to Look for in Surveillance and Photographs
   7. Spotting Inconsistencies/Exaggerated Severity in Symptoms
   8. Presenting Other Options for Plaintiff's Injuries
   9. Evidence Needed to Prove Full Recovery of Mild Brain Injury (No Fracture)
4. How to Overcome Defenses in Traumatic Brain Injury Cases
   2:00 - 3:00, Robert J. Kasieta
   1. Client Intake of Closed Head vs. Fractured Skull Injury
   2. Type of Accident and Insurance Coverage Sources
   3. Coordinating Physicians, Neurosurgeons, and Neuropsychologists
   4. Discovery of Evidence Unique to Mild Brain Injuries
   5. Proving Injuries are Incurable, Serious, and Worthy of Compensation
   6. Articulating Functional Limitations of Mild Brain Injuries to Jury
   7. Preparing the Plaintiff for the IME
   8. Using Fact Witnesses to Discuss Changes in Behavior
   9. Using Neurologists and Neuropsychologists
   10. Recovery, Return to Work, and Inability to Work Obstacles
5. How to Creatively Present Medical Evidence to Judge and Jury
   3:15 - 4:00, T. Kevin Knight
   1. Presenting Neuropsychological and Electrodiagnostic Test Results
   2. Using Publisher to Display MRIs, CT Scans, and X-Rays
   3. Presenting Medical Records Using PowerPoint
   4. Articulating Complex Knowledge of the Injury to the Judge/Jury
6. Ethical Considerations for Personal Injury Attorneys
   4:00 - 5:00, Robert J. Kasieta
   1. Conflicts of Interest
   2. Coverage Defeating Admissions
   3. Unethical Insurance Adjusters
   4. Obligations as Counsel in Lien Resolution
   5. Medicare Secondary Compliance - Ethical Considerations

Accreditation Details:

Eva Henry is the owner of Neurology Specialists, in Wichita, Kansas. She has created a practice that puts the patient first by leveraging technology and current evidence-based medicine to improve patient outcomes. Dr. Henry has developed an interest in evaluating and treating work related and automobile injuries. She conducts independent medical examinations and provides witness testimony for plaintiff and defense lawyers, along with IMEs requested by the court. Her expertise is in traumatic brain injuries and Post Concussive Syndrome. Dr. Henry holds certifications by the American Board of Psychiatry and Neurology, American Board of Independent Medical Examiners and American Board of Anti-Aging, Regenerative Medicine. She keeps her knowledge up to date by attending national and international conferences focusing on brain injuries, neuro-regeneration and maintenance of brain health. She utilizes traditional medical protocols but also keeps an open mind to the vast expanding new breakthroughs in neurosciences, and incorporates integrative and holistic treatments for her patients, which encompasses neurofeedback, nutrition, exercise and spirituality. Dr. Henry earned her undergraduate degree, with honors, from the University of Texas at Austin. She attended medical school at the University of Texas Health Science Center at San Antonio (UTHSCSA) and completed her residency in neurology. Dr. Henry remained on faculty at UTHSCSA for one year after serving as chief resident. She completed sub-specialty fellowship training in movement disorders and Parkinson's Disease at the Parkinson's Disease, Research and Education Care Center (PADRECC), where she received in depth training on neuro-implantable devices.

Robert J. Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

T. Kevin Knight is a partner in the law offices of DSK Law. Mr. Knight is board certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, he has generally focused on personal injury litigation. Mr. Knight earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.