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The Defense’s and Plaintiff’s Perspective on Early Settlement of Birth Injury Cases

The Defense’s and Plaintiff’s Perspective on Early Settlement of Birth Injury Cases. Joe Picchi Patrick E. Stockalper James S. Haliczer Norman D. Tucker.

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The Defense’s and Plaintiff’s Perspective on Early Settlement of Birth Injury Cases

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  1. The Defense’s and Plaintiff’s Perspective on EarlySettlement of Birth Injury Cases Joe Picchi Patrick E. Stockalper James S. HaliczerNorman D. Tucker

  2. What advice would you give to plaintiff & defense attorneys on the best approach to successful early resolution negotiations, and how and why that may differ from settlement discussions on a case approaching trial? Star of the Apprentice Twitter of Public Policy 45thUS President Father of the US Constitution Co-author of Federalist Papers 4thUS President

  3. What are the inherent challenges in putting a value on a birth injury case in the pre-suit process?

  4. Does the defendant having 3rd party insurance versus being a SIR (self-insured retention) affect presuit discussions? • Advantages/disadvantages of hospital in house counsel negotiating presuit settlement with plaintiff counsel versus retained defense counsel. • Is it more difficult for insurance carriers to engage in early discussions and settlement rather than self-insureds?

  5. The two formats for early presuit settlement discussions:  1. Traditional presuit discussion (usually in strong liability cases) and 2. Conversion Resolution Programs (CRPs) What are the differences in these two approaches?

  6. What effect does the fact that the injury is allegedly from HIE have on the early resolution process? What effect does HIE followed by “cooling” have on the early process?

  7. Is there a difference in the objectivity that a self-insured institution brings to the table in early discussions verses an insurance carrier and why?

  8. Are early settlement discussions more successful in states with tort reform and caps on noneconomic damages and why?

  9. Mediation vs. direct discussions with opposing counsel, what works best?

  10. What about the Michigan Model’s policy; if we do not settle in our presuit conversations and meetings, we try the case – no settlement thereafter? Good or bad idea and why or why not?

  11. Advice to plaintiff and defense attorneys as to the best approach to successful negotiations in early resolution.

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