Traumatic Brain Injury: Proving or Challenging the Existence and Extent of Brain Damage Using Expert Witnesses

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Thursday, September 1, 2022

Recorded event now available

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Course Materials

This CLE course will offer advanced guidance to personal injury attorneys proving or challenging the existence and extent of injury in traumatic brain injury (TBI) cases. The panel will explore what types of experts should be engaged, what to look for in credentialing and demeanor, and strategies for establishing bias, over-reaching, or even incompetence in opposing experts. The panel will review the reliability, usefulness, and admissibility of traditional imaging tools and newer tools, such as Diffusion Tensor Imaging (DTI) and Abbott Laboratory's rapid handheld TBI blood test approved under the FDA's Expedited Programs for Serious Conditions.

Description

Traumatic brain injury is a leading cause of death and disability in the United States. To prove injury, practitioners have to consider the variety and complexity of brain injuries, the lack of objective diagnostic tests, the reliance on self-reporting of symptoms, and heightened scrutiny of claims by the defense.

Evidence of brain injury--brain malfunction--comes in three broad forms: brain imaging evidence, such as CT scans, MRIs, PET, and DTI, showing physical changes; neuropsychological test results; or lay testimony showing changes in memory, cognition, mood, and behavior. Counsel must coordinate multiple experts, and both sides must understand the mechanics of deposing and cross-examining them.

More recently, a blood test that purports to permit emergency room physicians to rule out mild TBI has been approved. Counsel must assess its usefulness and admissibility. Attorneys should also know when to consider consulting experts and understand best practices in recording any testing or examinations.

Listen as this experienced panel offers advanced guidance for establishing or challenging the existence and extent of TBI and reviews best practices for assembling and coordinating the right experts.

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Outline

  1. Defining TBI
  2. TBI experts
  3. Supporting and challenging imaging
    1. Traditional imaging
    2. DTI
  4. Understanding the rapid handheld TBI blood test
  5. Supporting and challenging behavioral testing
  6. Cross-examination strategies
  7. Recording examinations

Benefits

The panel will review these and other pivotal questions:

  • How should attorneys for both sides evaluate causation?
  • Should every TBI plaintiff undergo neuropsychological testing?
  • What are best strategies to present evidence of cognitive or behavioral dysfunction?

Faculty

de St. Phalle, Eustace
Eustace de Saint Phalle
Principal
Rains Lucia Stern St. Phalle & Silver

Mr. de Saint Phalle has established himself as one of California’s top personal injury trial lawyers, having...  |  Read More

Henry, Dylan
Dylan F. Henry
Partner
Montgomery McCracken Walker & Rhoads

Mr. Henry is a partner in Montgomery McCracken’s Litigation Department and co-chair of the firm’s...  |  Read More

Miranda, Fernando
Dr. Fernando Miranda, M.D.
Neurologist
Bright Minds Institute

Dr. Miranda is an internationally recognized cognitive and behavioral neurologist specializing in children with...  |  Read More

Sachs, Kimberly
Kimberly L. Sachs
Attorney
Montgomery McCracken Walker & Rhoads

Ms. Sachs focuses her practice on complex litigation matters in the areas of sports law, intellectual property,...  |  Read More

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