Agenda / Content Covered

All times are shown in Eastern time

10:00 - 11:00 AM, Dr. David Cooper

1. Doctor Insights on Pre-Existing Conditions/Injuries
   1. New Injury vs. Recurrence vs. Natural Progression vs. Aggravation of Injury
   2. Pre-Existing Condition vs. Pre-Disposition
   3. How to Medically Prove or Disprove Causation
   4. Temporary vs. Permanent Aggravation
   5. Apportioning Aggravation from Pre-Existing Conditions
   6. Objective vs. Subjective Findings

11:15 AM - 1:15 PM, Ashton E. Thomas

2. Spotting Red Flags During Intake; Obtaining and Analyzing Medical History
   1. Intake for Clients with Pre-Existing Injuries
   2. Locating and Requesting ALL of the Medical Records - Tips and Tactics
   3. Source, Timing, Placement and Seriousness of the Previous Injury
   4. Digging Deep Into Past Health Insurance and Employment History
   5. Social Media, Smartphones, etc. - What to Look for, Where to Find it
   6. What to Look for in Medical Records - Before and After the Accident
   7. What to Look for in MRIs, X-Rays, etc. - Before and After the Accident
   8. Were Your Client's Pre-Existing Conditions Unrecorded?
   9. Application of the "Eggshell Plaintiff" Doctrine
3. Overcoming Plaintiff's Pre-Existing Injury and Maximizing Damages
   1. Pre-Existing Injury: A Two-Edged Sword
   2. Plaintiff Reporting Form
   3. Medical Experts and Reports
   4. Mediation and Settlement Conferences
   5. Proving Non-Economic Damages
   6. Proving Economic Damages
4. Trial: Presenting Evidence of the Previous Injury to the Judge/Jury
   1. Voir Dire: Dealing with Pre-Existing Conditions
   2. Effective Openings
   3. Showing Aggravation/Exacerbation Through Demonstratives
   4. Helping Jurors Understand Complex Medical Concepts and Injuries
   5. Using Experts to Minimize Medical History
   6. Maximizing Your Client's Credibility
   7. Closing Argument Strategies and Jury Instructions

Accreditation Details:

DR. DAVID COOPER owns and operates The Knee Center in Wilkes-Barre, Pennsylvania. He is a graduate of Jefferson Medical College in Philadelphia and the Jefferson Orthopedic residency. Dr. Cooper entered private practice as a general orthopedic surgeon in Lansdale, Pennsylvania after serving our country for eight years as a U.S. Navy Reserve medical officer. For four years, Dr. Cooper performed all types of orthopedic surgery, including neck and low back laminectomies and fusions, along with extensive open and closed fracture care. In 1980, he was recruited by Geisinger to open the orthopedic department at the Geisinger Wyoming Valley Hospital in Wilkes-Barre, where he was one of the first orthopedic surgeons in the valley to introduce knee replacements and arthroscopic surgery. In 1981, Dr. Cooper opened The Knee Center in Wilkes-Barre to further specialize in the care and treatment of knee and lower extremity disorders. He has personally performed more than 6,000 arthroscopic surgeries, ligament repairs and knee replacements. In terms of actually performing surgeries, as opposed to having interns and residents handle the cases, Dr. Cooper is one of the most experienced knee surgeons in the world, as well as being board certified for life by the American Board of Orthopedic Surgery, the highest honor that any medical specialist practicing in the U.S. can obtain. As a sought after speaker by many national organizations, he has spoken at the national conferences of the American Bar Association, and the Risk Insurance Management Society national meetings in New Orleans and Atlanta. Dr. Cooper is an adjunct professor at Binghamton University and Kings University. He is also a frequent guest lecturer at Binghamton University, Kings University and the University of Scranton. Dr. Cooper has been a private pilot for over 30 years, and enjoys flying his turbine Bonanza to conferences and lectures.

ASHTON E. THOMAS is the owner of the Law Offices of Ashton E. Thomas in Elizabeth, New Jersey, where he concentrates his practice in personal injury, workers' compensation, commercial litigation, DUI and DWI, and appeals. Admitted to practice in New Jersey, Mr. Thomas is a member of the New Jersey State Bar Association’s Municipal Court Practice Section and Federal Practice and Procedure Section. He is admitted to practice in the United States District Court for the District of New Jersey, in the United States Courts of Appeals for the Third Circuit, and in the Supreme Court of the United States. He has also been a municipal prosecutor in Elizabeth Municipal Court since 1994 and his articles have appeared in the New Jersey Law Journal and other publications. Mr. Thomas earned his B.A. degree from the State University of New York at Albany and his J.D. degree from George Washington University’s National Law Center.