Exposing, Defusing, and Debunking Junk Science Seminar

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Exposing, Defusing, and Debunking Junk Science Seminar 

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January 27, 2012 - January 28, 2012
W Hollywood Hotel
Los Angeles, CA

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Cosponsored by Consumer Attorneys Association of Los Angeles (CAALA)

Featuring Dorothy Clay Sims, Esq. and Michael D. Freeman, , Ph.D., MPH, DC

Learn how Dorothy Clay Sims and Michael D. Freeman unpack the defense expert’s testimony. This two-day program pulls together all of the powerful tools necessary for you to combat junk science, and effectively research and cross-examine experts. This Seminar includes sample depositions of psychiatrist, orthopedist, neuropsychologist, and other doctors. Each registrant will also have the opportunity to learn how to challenge the Fake Bad Scale, obtain raw data, and about probability, coincidence, and causation in injury litigation.

Registration is mandatory to attend. Dorothy Clay Sims and Michael D. Freeman have also agreed to share their PowerPoint presentations with all participants.

Highlights include:

  • Mythbustin’ 4.0
  • Top 11 Tips That Make a Difference
  • Free Tools That Every Lawyer Should Know About
  • Vocation Losses Plaintiff’s Experts Overlook
  • The Role of Risk in Litigation
  • Live Deposition Demonstration

Michael D. Freeman, Ph.D., MPH, DC is a forensic epidemiologist specializing in the application of probability and epidemiologic data to forensic venues. Dr. Freeman has more than 100 published scientific papers, books, and book chapters on forensic applications of epidemiology, crash-related injuries and death, crash reconstruction, medical diagnostics, chronic pain mechanisms, regenerative joint therapy utilizing stem cell therapy, and a variety of other areas of interest.

Dorothy Clay Sims conferences with lawyers throughout the U.S. to suggest methods of cross-examination regarding a specific expert after conducting background research on the expert and the topic.  She also cross-examines forensic experts for other attorneys, reviews files, and prepares mediation presentations setting forth weaknesses in the defense position as well as weaknesses in the experts retained by the insurance industry.  She served as cocounsel for Casey Anthony and is the author of Exposing The Deceptive Defense Doctor (James Publishing).  Ms. Sims is the founding partner of the Florida based law firm of Sims & Stakenborg, PA.

This program is open only to AAJ plaintiff members (Regular, Life, Sustaining, President's Club, and Leaders Forum) and CAALA members.

Friday, January 27, 2012

Registration (continental breakfast available)
8:00 – 9:00 am  

Morning Session
9:00 am - 12:00 pm

Welcome and Introductions

Mythbustin’ 4.0
“It is difficult to get a man to understand something when his salary depends on his not understanding it.”
-Upton Sinclair (1878–1968)
• The event was too mild to cause the injury
• The condition was only temporary
• The condition may be permanent but the plaintiff is exaggerating
• The condition pre-existed
• There is no proof of acute injury
• The plaintiff will get better over time and be just fine
• Iatrogenesis. The plaintiff is only complaining because the treater told him he was hurt and
   the plaintiff believed him
• The client didn’t need the surgery and the narcotics cause addiction
• The client may have needed the surgery but it wasn’t due to the crash/negligence…or the
   plaintiff would have eventually needed the surgery anyway
Including:  What to do when the witness avoids answering your question or makes up the science.  Many lawyers feel outgunned by experts who use complicated terms in an attempt to shut down the lawyer.  How to use these DME  tactic to your advantage.
Dorothy Clay Sims, Esq., CA

Malingering Defenses:  Your New Best Friend 
• Expose the doctor’s dishonesty by using suggestions found in David Ball and Don Keenan’s
   The 2009 Manual of the Plaintiff’s Revolution, Dan Ariely’s Predictably Irrational:  The Hidden
   Forces that Shape Our Decisions, and Rick Friedman’s Polarizing the Case:  Exposing &
   Defeating the Malingering Myth
• Overview of testing and how doctors misrepresent results…and simple ways to catch them…
   and show is really dishonest
• Using the DME’s testing against the doctor
• Using the claim of malingering to strengthen your case
• Discussion of how to obtain psychological tests taken by your client and what to look for and
   how to use it (A motion to compel is provided with the course materials)
• How and why to video the psychical exam and how to use the materials to strengthen your
Dorothy Clay Sims, Esq., CA

Vocational Losses Your Own Experts Ignore
• How plaintiffs may have huge vocational loss even though:
     - They are still employed post-injury
     - They are making more money post-injury
     - Why you shouldn’t reduce future losses to present value
A.M. “Tony” Gamboa, Jr., Ph.D., MBA, FL
Lunch (on your own)
12:00 – 1:15 pm 

Afternoon Session
1:15 - 5:00 pm

Top 11 Tips that Make a Difference 
• Using the “shot across the bow”
• How and why to “briar patch” and “border collie” the expert
• Reframing the issue:  How and why it works
• How to keep the expert from testifying outside his or her area of expertise
• How to prepare the question and where to go with the response
• Peer  pressure and the halo effect
• How to ask causation questions
• Timing (How and why certain questions should be asked earlier in the cross vs. later)
• How and when to use the expert’s background to support your case
• Reverse piggybacking:  How and why to do it
• Mediations:  Why they fail and what you can do about it. Strange and wonderful techniques to
   help your client, avoid the cost and stress of a trial.  The tips are counter-intuitive and they
   work—just ask David Ball 
Dorothy Clay Sims, Esq., CA

Tips on Cross-Examining Experts
• Surgeons
• Psychiatrist/neuropsychiatrist
• Psychologist/ neuropsychologist
• Neurologist
• Radiologist, PMR
• Accident Reconstruction Specialist
Dorothy Clay Sims, Esq., CA

• New tips on researching the expert
     - How to find out if the expert’s school or program is accredited
     - Verifying board certifications—and what they really mean or don’t mean
     - Seminars, Internet advertising, and what to do with the information you gather
• Discussion of great sites to pull information—and how to use it
     - Using the Internet to bust DME lies in real time
     - Researching effects of combination of medications
     - Free technology to reduce overhead and help you craft a demand letter and try your case,
           • Free faxes, free phone calls, and how to email huge files for free
           • How to view accident scenes or verify if defense expert works from home or office
             without leaving your office for free
           • Free Web sites to provide trial demonstrative aids and medical illustrations as well as
             videos of various surgeries
     - Government Web sites listing minimum requirements for various specific vocations and
        how to show your client cannot perform them post injury
     - Web sites to assist in proving your articles are authoritative
Dorothy Clay Sims, Esq., CA

Networking Reception
Book signing with Dorothy Clay Sims
5:00 – 6:00 pm 

Saturday, January 28, 2012

Continental Breakfast Available
8:00 – 9:00 am  

Morning Session - Theme:  Probability, Coincidence, and Causation in Injury Litigation
9:00 am - 1:00 pm

Welcome and Introductions

Probability, Coincidence, and Causation in Injury Litigation
• The use and misuse of risk in litigation
• Probability vs. statistics:  What’s the difference?
• Absolute risk vs. relative risk:  The most common error in expert opinion and testimony
• Deconstruction and quantification of error in the “coincidence” defense
• Quantification of probability of causation per The Reference Manual on Scientific Evidence
• Ad hoc epidemiologic analysis using publicly available national databases
• Case studies and examples of these concepts in crash injury, product defect, and medical
   negligence litigation
• Sample depositions questions and cross-examination (live demonstration)
Michael D. Freeman, Ph.D., MPH, DC, OR


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