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The Great Trials Podcast offers a series of laid-back, casual conversations with leading trial lawyers, taking listeners "behind the scenes" of America’s greatest trials. Hosted by acclaimed trial lawyers Steve Lowry and Yvonne Godfrey, each podcast episode focuses on one important trial and includes in-depth, insightful interviews with the attorneys who successfully argued the case in front of a judge and jury.
Episodes
Tuesday Jan 03, 2023
Tuesday Jan 03, 2023
On this episode, Steve and Yvonne share a short update on the future of The Great Trials Podcast. You can expect a slight change in the show's release schedule. You can also look forward to new interviews with tremendous trial lawyers that we can't wait to share with you.
Happy New Year from The Great Trials Podcast team!
Tuesday Dec 27, 2022
Tuesday Dec 27, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Kila Baldwin of Kline and Specter, PC (https://www.klinespecter.com/)
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Episode Details:
A Philadelphia attorney with a strong track record leading complex cases against medical device manufacturers, Kila Baldwin of Kline and Specter, PC discusses the high-profile trial in which she represented Ella Ebaugh, a woman who sustained lifelong injuries due to defective transvaginal mesh implants designed by Ethicon, a subsidiary of Johnson & Johnson. In her 40s, Ella was diagnosed with stress urinary incontinence, which caused her bladder to leak unexpectedly. She was implanted with a TVT-Secur and TVT sling and later endured three mesh removal surgeries because the mesh had eroded into her bladder and urethra. Today, Ella is incontinent, wears adult diapers and suffers from frequent urinary tract infections. Using Ethicon and Johnson & Johnson's actions against them, including statements made in internal emails, Kila Baldwin was able to successfully persuade the Philadelphia jury to decide in favor of Ella. In 2017, the jury returned a verdict of $7.1 million in compensatory damages and $50 million in punitive damages, citing Ethicon and Johnson & Johnson’s negligent design of the products and willful disregard for patient safety.
Guest Bio:
Kila Baldwin
Kila B. Baldwin, a partner at Kline & Specter, has been involved in a number of the firm's high-profile cases, including as lead counsel in trials that resulted in verdicts of $80 million, $57.1 million and $41 million against Johnson & Johnson in transvaginal mesh cases.
Baldwin was selected as a Pennsylvania Super Lawyer for 2019 and 2020. From 2011-2018 she was named a Pennsylvania Super Lawyer — Rising Star and for 2014-2019 as a New Jersey Super Lawyer -- Rising Star, designating her as among the top 2.5 percent of attorneys in the two states who are 40 or younger. She also was selected for the 2017, 2018, 2019, 2020 and 2021 editions of the peer-review publication Best Lawyers in America.
In her latest major case, Baldwin in February 2020 achieved a $12.75 million settlement with a medical device manufacturer, Monteris Medical Inc., whose NeuroBlate Sidefire broke during surgery and caused brain damage to the patient. (Read article) Prior to that case, Baldwin obtained a $75 million settlement in a wrongful death case, the largest pre-trial settlement in a case in Pennsylvania history.
In May 2019, Baldwin was co-counsel in a six-week trial that resulted in an $80 million jury verdict against Johnson & Johnson subsidiary Ethicon Inc. for a Media, Pa., woman injured by a surgically implanted vaginal mesh device. The verdict in Philadelphia Common Pleas Court included $50 million in punitive and $30 million in compensatory damages, making it the country's largest compensatory award to date in a vaginal mesh case. (Read article)
A few months earlier, Baldwin won a $41 million verdict -- including $25 million in punitive damages – against a J&J for a Lancaster, Pa., woman who suffered permanent injuries from a vaginal mesh device designed and marketed by a company subsidiary. (Read article)
In late 2017, Baldwin won a major jury verdict against J&J for a Pennsylvania woman injured by a vaginal mesh device made by the company's Ethicon Inc. subsidiary. The award included $7.1 million in compensatory and $50 million in punitive damages for the behemoth drug and device maker's reckless behavior in selling the defective product implanted in women across the country. (Read article) The verdict was featured on the BBC program Panorama. In earlier cases, Baldwin was co-counsel in two trials that resulted in verdicts of $12.5 million and $13.5 million for two other women injured by the surgically implanted vaginal mesh products. (See the Hammons and Carlino cases.)
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Tuesday Dec 20, 2022
Tuesday Dec 20, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Jim M. Perdue, Sr. and Jim M. Perdue, Jr of Perdue and Kidd (https://www.perdueandkidd.com/).
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Episode Details:
Texas trial lawyers Jim M. Perdue, Sr. and Jim M. Perdue, Jr. -- Perdue & Kidd's father-and-son trial team -- take a look back at the first case they ever tried together. Listen as this accomplished trial team explains how they secured justice for the wrongful death of a patient who died as a result of the negligence of a nurse anesthetist during routine orthopedic surgery. In September 1997, 40-year-old Mark Alexander was scheduled to undergo arthroscopic surgery on his right shoulder, but the anesthesiologist left him in the hands of an inexperienced nurse anesthetist, who failed to provide Mark with adequate ventilation during the surgery and neglected to record Mark's heart rate for 17 minutes. As a result, Mark was deprived of adequate blood flow to the brain for 10 to 14 minutes and remained in a coma for two weeks before passing away on October 3, 1997. Involved in the case while Mark was still in a coma, Jim M. Perdue, Sr. was able to collect powerful pieces of evidence he presented at trial: phone recordings and messages from Mark's family. In spite of the defense's attempts to cast blame on the other anesthesiologists and professional associations named in the lawsuit or to distance themselves from having any role in Mark's medical care, the father-and-son legal team was able to hold the doctors accountable for their contribution to Mark's substandard care and proximate cause of death. Jim M. Perdue, Sr. and Jim M. Perdue, Jr. strategically engaged the jury's senses with impressive storytelling and by sharing a visual timeline of the tragic events, a video of Mark languishing in a coma and the hard data comparison of the anesthetist's records versus the medical equipment records. In October 1999, a Harris County, Texas jury unanimously found the four defendants negligent and awarded $3.6 million in damages to Mark's wife and surviving parents.
Guest Bios:
Jim M. Perdue, Sr:
Jim M. Perdue, Sr. is Of Counsel to Perdue & Kidd. Mr. Perdue received both his Bachelor of Science cum laude and his Juris Doctorate cum laude from the University of Houston.
Mr. Perdue has had over five decades of success in securing substantial and in some cases unprecedented multi-million dollar verdicts and recoveries for his clients. He has lectured across the country, speaking before law schools, scientific associations, medical groups, bar associations, trial lawyer organizations, and colleges of advocacy, delivering over 400 presentations on topics including the substantive law of malpractice and product liability, professional responsibility, rules of evidence, the psychology of jury persuasion, special issue submission, and trial strategy and technique.
He has authored texts and treatises on the substantive law of medical malpractice and product liability. The appellate courts of Texas have often cited his books, law review, and law journal articles. Moreover, numerous appellate opinions in cases he has prosecuted have pioneered the way for today’s victims of negligence, defective products and corporate indifference.
In 1989, Forbes magazine dubbed Mr. Perdue “King of the Malpractice Lawyers.” He has been a trailblazer in plaintiffs’ litigation for the past fifty plus years. He is one of the most well-known medical malpractice and product liability trial lawyers in Texas.
Jim M. Perdue, Jr:
Jim M. Perdue, Jr. is a named partner at Perdue & Kidd, with a national practice focusing on trying lawsuits, from cases involving defective medical products and pharmaceutical liability claims to catastrophic injuries of all types. He is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and Medical Professional Liability by the American Board of Professional Liability Attorneys. He currently serves on the Rules Advisory Committee of the Texas Supreme Court. Jim Perdue Jr. is both an Advocate in the American Board of Trial Advocates and Fellow in the International Society of Barristers. Mr. Perdue is listed among the “Top 100 Attorneys in Texas” in Texas Monthly by Thomson Reuters, where he has been named a “Texas Super Lawyer” since the award was created 11 years ago. He is also named in “The Best Lawyers in America” (Woodward/White 2006-15) for Plaintiff’s Personal Injury practice.
Jim Perdue Jr. has tried over 30 personal injury cases to jury verdict, including multi-million dollar verdicts for cases involving pharmaceutical liability, workplace injury, and medical malpractice. This includes his $27.6 million dollar verdict against Boston Scientific, listed as one of the largest product liability verdicts of 2014 by the National Law Journal. Jim Perdue Jr. has spoken at over 100 legal seminars and published on a wide range of topics, from trial techniques to tort law. He has made appearances on Good Morning America, Court TV, and local television as a legal commentator on civil justice legislation, automotive safety, and product liability law.
Jim Perdue Jr. r attended the University of Texas and graduated summa cum laude. He then received his J.D. cum laude at the University of Houston Law Center and was named their Outstanding Alumnus of the Year in 2006. He is Past-President of the Houston Trial Lawyers Association, Past-Chair of the Professional Negligence Section of the Association of Trial Lawyers of America, a member of Leader’s Forum of American Association for Justice, a fellow of the Texas and Houston Bar Foundations, and a member of the College of the State Bar of Texas. The Houston Young Lawyers Association honored Jim Perdue Jr. with the Woodrow B. Seals Outstanding Young Attorney Award in 2002.
Mr. Perdue serves on the Boards of TIRR Foundation, which is the charitable research arm of TIRR Hospital in Houston, Texas, St. Paul’s United Methodist Church Foundation (Houston); and the Silver Spurs Alumni Association. Jim Perdue Jr. is a past director of the Texas Lyceum and Past President of the University of Houston Law Center Alumni Organization. He and his wife Nicole have three sons.
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Tuesday Dec 13, 2022
Tuesday Dec 13, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Ian Alexander, Katrina Taraska, and Joseph Preiser of Goldberg & Goldberg (https://www.chicagomedicalmalpracticefirm.com/).
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Episode Details:
Chicago trial lawyers Ian Alexander, Katrina Taraska, and Joseph Preiser of Goldberg & Goldberg share how they successfully represented 25-year-old model Irma Sabanovic's grieving family after Irma drove her car over an unmarked curb and drowned in the Chicago River. In May 2011, Irma drove her Ford Focus to Goose Island to pick up her boyfriend from a late-night performance at a nightclub and got lost on a dead-end street bisected by the Chicago River. Due to the City of Chicago's failure to maintain barriers or provide warnings to motorists --despite knowledge of a similar incident that occurred more than a decade earlier -- Irma unknowingly drove her car over the curb and into the water. After an extensive search, her body was discovered nine days later in her vehicle. At trial, the defense attempted to blame Irma for her own wrongful death, insinuating she was drunk, driving impaired, and not paying attention. In May 2016, a Cook County, Illinois jury awarded Irma's family $13,890,000 in damages, delivering the #6 verdict in Illinois in 2016.
Guest Bios:
Katrina M. Taraska
Originally from the East Coast, Katrina M. Taraska grew up in a family of seven in Peoria, Illinois. Her mother was a language teacher proficient in French, Italian and Spanish who devoted her time to the enrichment of the lives of her students while teaching at area schools. Her father, a dedicated pathologist, was one of the four original founders of the Midwest affiliate of St. Jude Children’s Hospital, which provides care to children with childhood diseases.
Unique to Ms. Taraska’s chosen career in personal injury law, she was the victim of a propane gas explosion, in which a commercial building collapsed on her, her mother, her brother, and a close family friend. The explosion left Taraska with extensive second and third-degree burns early in her life. She was hospitalized for 3 months, during which she underwent skin grafting of her arms, legs, hands, and chest. Incredibly, a year prior to the explosion, Ms. Taraska’s father and a reconstructive surgeon opened the only downstate burn unit in Peoria where she was successfully treated despite the severity of her burns. It is this life-changing event that has played a significant role in Ms. Taraska’s career of representing the injured.
After graduating from law school Ms. Taraska has successfully represented clients and their families in complex litigation.
In 1995, Katrina Taraska began practicing law in downstate Illinois where she grew up. In 2000 she became a partner with a Peoria law firm where she enjoyed the privilege of advocating for her clients in their respective claims for personal injuries, medical negligence, worker's compensation, and employment discrimination. She frequently appeared before the Circuit Court of Peoria County, Illinois, the Illinois Department of Human Rights, the Equal Employment Opportunity Commission, the Social Security Administration, the Department of Employment Security, and in the United States District Court for the Central District of Illinois.
In 2009, Ms. Taraska joined the Chicago law firm of Goldberg & Goldberg, where she continued her professional experience as a Plaintiff’s lawyer in tort litigation. As a focus of her practice, she concentrates on representing individuals and their families in catastrophic medical malpractice and wrongful death claims. Her cases have involved spinal cord injuries, brain injuries, complications from surgical procedures, cardiovascular injuries, birth injuries, interventional radiology, infections, negligence in the diagnosis and treatment of injuries involving alleged abuse and neglect, gynecological and obstetric injuries, and products liability cases. Ms. Taraska also represents individuals involved in transportation accidents (railroad grade crossings, motor vehicle accidents, and semi-truck collisions), as well as premises liability claims, and injuries from assault, battery, and false imprisonment.
Throughout her career, Ms. Taraska has been active in professional organizations including the Peoria County Bar Association, the Illinois Trial Lawyers Association, the American Inns of Court (Abraham Lincoln Chapter), the National Employment Lawyers Association, and the Chicago Bar Association. She has been a guest writer for the Peoria Woman Magazine and enjoys mentoring younger lawyers in their professional endeavors.
Ms. Taraska is a member of the Catholic Church and is active in the service of those individuals in need in the local community.
Ian R. Alexander
Mr. Alexander concentrates his practice on representing the victims of catastrophic injuries in the areas of medical malpractice and complex personal injury litigation. Mr. Alexander first joined Goldberg & Goldberg in 1999 and became a partner in 2004. Mr. Alexander has tried to verdict and/ or settled numerous medical malpractice, product liability, aviation, railroad, construction negligence, and other complex personal injury cases. Mr. Alexander has been appointed to the plaintiff’s steering committee in the litigation arising out of the Amtrak-Bourbonnais Train Disaster, the Hinkley Air Disaster, and the Oshkosh Mid-Air Disaster, among other litigation. Mr. Alexander has published articles regularly on issues pertaining to medical malpractice litigation.
Mr. Alexander was raised in north suburban Chicago and attended the University of Illinois at Urbana-Champaign. He received his legal education at Tulane University in New Orleans, Louisiana. Mr. Alexander is admitted to practice before the Illinois Bar and the U.S. District Court for the Northern District of Illinois. He is also a member of the Federal Trial Bar. Mr. Alexander is married and has two children. He resides with his family in Highland Park, IL.
Joseph Preiser
Born in Chicago, Illinois, Joseph M. Preiser grew up in the suburbs of Oak Park and River Forest. Joseph’s father, a personal injury attorney, unintentionally set Joseph on a path toward a career in law. From an early age, often unbeknownst to his father, Joseph read his father’s books authored by prominent trial attorneys including, Gerry Spence, Robert Shapiro, Irving Younger, and Vincent Bugliosi, sparking Joseph’s interest in law and justice.
After graduating from Oak Park-River Forest High School, Joseph attended the University of Illinois in Urbana-Champaign. While pursuing his undergraduate degree, Joseph began to hone his skills as a trial lawyer by participating on the University of Illinois’ Mock Trial team. During his senior year, Joseph’s team won the Regional Mock Trial Championship and competed in the Mock Trial National Championship in Des Moines, Iowa.
In 2006, after working for a year at a large Chicago law firm, Joseph received an Honors Scholarship and enrolled at Loyola University in the Juris Doctorate and MBA programs. While attending law and business school, Joseph worked as a judicial extern for Cook County Circuit Court Judge Thomas L. Hogan and as a traffic prosecutor for the City of Chicago, where he prosecuted over 185 bench trials to verdict.
In 2009, Joseph graduated with a joint J.D./M.B.A. degree. While earning his degrees, Joseph obtained recognition on the Dean’s List, was a participant on the Health Law Moot Court team, assisted at Loyola’s Business Law Clinic, obtained his M.B.A. with honors, and became a Beta Gamma Sigma Honor Society member.
After graduation, Joseph immediately went to work for the Cook County State’s Attorney’s office as an Assistant State’s Attorney. In his first year, Joseph authored and filed more than 30 appellate briefs in the Illinois Appellate Court, First District. Notably, Joseph authored the State’s brief in People v. Tripp, a matter of first impression in Illinois, in which the Appellate Court agreed with Joseph’s position and published an opinion in his favor. Joseph also argued on behalf of the State before the Illinois Appellate Court in People v. Primbas, an animal cruelty case that resulted in the death of a Rottweiler, where the Appellate Court again agreed with Joseph and published an opinion in his favor.
For the following four years, Joseph worked in the Traffic Division where he prosecuted DUIs and represented the victims of automobile crashes. During his time in the Traffic Division Joseph refined his skills in the courtroom, prosecuting over 600 trials to verdict including 14 jury trials. In recognition of his performance and dedication, the Alliance Against Intoxicated Motorists awarded Joseph with a Certificate of Recognition and Achievement.
In late 2014, Joseph was assigned to the State’s Attorney’s Office’s Felony Review Unit. During his time, he spoke to victims of crimes, Mirandized and obtained statements from violent offenders, reviewed evidence, and provided consultation on charging decisions to law enforcement agencies throughout Cook County.
In 2015, Joseph joined Goldberg & Goldberg where he continued his practice as a civil trial lawyer with a concentration on representing the victims of medical malpractice. Joseph is involved in all matters related to the trial of these complex civil litigation matters, including taking and defending depositions, drafting and arguing contested motions, attending court, and assisting on all of the firm’s catastrophic medical malpractice and wrongful death claims. Joseph has specialized knowledge in Illinois Traffic Law and crash investigations, particularly as they affect victims in car crashes, motorcycle crashes, and pedestrian injuries. Dedicated to the needs of all of his friends and clients, Joseph is willing to lend his assistance on any law-related matter. Joseph relishes the opportunity to work with and learn from the other talented lawyers at Goldberg & Goldberg. Joseph appreciates the firm’s devotion to their clients, their comprehensive commitment to preparation, and their unrelenting fearlessness in the courtroom.
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Tuesday Dec 06, 2022
Tuesday Dec 06, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Christine Spagnoli of Greene Broillet & Wheeler LLP (https://www.gbw.law/).
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Episode Details:
Santa Monica, California attorney Christine Spagnoli of Greene Broillet & Wheeler LLP shares how she advocated for injured church members and their grieving families after a Ford E350 15-passenger van overturned following a tire tread separation. In April 2004, four members of Fair Oaks Presbyterian Church traveled on Sacramento's I-5 in a van equipped with Goodyear Load Range E tires. Due to known tread separation problems, Goodyear conducted a voluntary replacement program on these tires, but Ford failed to notify its dealers. The tread on the church van's factory-mounted Goodyear tires separated, causing the van to flip four times, killing the driver William Brownell and front-seat passenger Tony Mauro and injuring passengers Marlene Shirley and Alexander Bessonov. Ford knew the E350 15-passenger van was susceptible to overturning, given professional driver tests that indicated oversteering and handling issues, but the company allowed the vehicle to go to market without modifying the design. In 2011, a Sacramento jury found Ford Motor Company negligent and returned a $73 million verdict, including $50 million in punitive damages against Ford in favor of the plaintiffs.
Guest Bio:
Christine D. Spagnoli
Christine D. Spagnoli is a partner of Greene, Broillet & Wheeler in Santa Monica, specializing in representing plaintiffs in product liability, personal injury and legal malpractice actions. She has obtained many multimillion-dollar verdicts, including the 1999 General Motors case in which a defective fuel tank was found responsible for the burn injuries of two adults and four children. The jury returned with a landmark $4.9 billion verdict. She was co-counsel in the largest personal injury verdict in California, which resulted in a $58 million verdict for a man severely burned by a defective O-ring.
Chris is one of the state’s most trusted legal leaders as a member of the Los Angeles Judicial Selection Advisory Committees (JSACs). In January 2020, Governor Gavin Newsom named Ms. Spagnoli to the influential committee that reviews judicial candidates under consideration for nomination and appointment and will provide important feedback before forwarding their names to the Governor for review.
The awards and honors bestowed on Chris by these various organizations include the Consumer Attorneys of California’s 2014 Robert E. Cartwright Award and its 2010 Marvin E. Lewis Award as well as the Consumer Attorneys of Los Angeles 2005 Ted Horn Memorial Award. These awards recognized Chris for her excellence in trial advocacy and her dedication to teaching trial advocacy to her colleagues as well as her selfless gift of her talents in service to the organizations and consumers. She was honored as one of Loyola Law School of Los Angeles’ Champions of Justice in 2013. In May 2017, Consumer Watchdog, a non-profit consumer advocacy group, bestowed on Chris its Rage for Justice Lifetime Legal Achievement Award. On June 7, 2018, the Consumer Attorneys of Los Angeles inducted Chris into its Hall of Fame, honoring CAALA members with distinguished legal careers who have made significant contributions to the legal profession and society.
In 2018 Chris was named as one of California’s Top 30 Plaintiff attorneys by the Daily Journal, which also has ranked her as one of the Top 100 Most Influential Attorneys in California and one of the Top 50 Women Litigators since 2004. She has also been named a “Super Lawyer” in the Southern California Super Lawyers peer-nominated listings compiled and published by Law & Politics, and one of the Best Lawyers in America by Woodward/White, Inc., based on a survey of her peers.
As a frequent lecturer and author, Chris has shared her expertise on various trial techniques including demonstrative evidence, direct and cross-examination methods, written discovery and demonstrating head trauma injury in children. Among the organizations she has addressed are CAALA, CAOC, AAJ, the American Bar Association, the Los Angeles County Bar Association, and Trial Lawyer associations in Colorado, Connecticut, Missouri, Washington, and the Western Trial Lawyers Association.
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Tuesday Nov 29, 2022
Tuesday Nov 29, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Dan Huff of Huff, Powell & Bailey, LLC (https://www.huffpowellbailey.com/).
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Episode Details:
Georgia defense attorney Dan Huff of Huff, Powell & Bailey, LLC, a firm specializing in the defense of medical negligence cases for physicians and hospitals, explains how he secured a unanimous verdict in favor of radiologist Dr. Joshi and the staff at Radiology Associates of DeKalb, who were faced with charges of medical malpractice and the wrongful death of 51-year-old podiatry patient Lisa Calhoun. In June 2014, Lisa went to her podiatrist with leg pain and was told she may be suffering from deep vein thrombosis (DVT), or blood clots in her legs. The podiatrist ordered an ultrasound, which was then interpreted by Dr. Joshi. The ultrasound confirmed a DVT diagnosis, but there was a factual dispute as to whether the diagnosis was communicated by Dr. Joshi’s office to the podiatrist. A few days later, Lisa was admitted to the emergency room, complaining of severe chest pain and shortness of breath. While in the hospital, she claimed that she was unaware of the ultrasound results and died of cardiac arrest several hours later. Disputing the claim that Dr. Joshi’s office did not communicate the ultrasound results to the podiatrist, Dan walked the jury through the proper procedures associated with communicating radiology results and shared evidence of phone calls between Lisa and her podiatrist's office as well as between the radiology technologist and the podiatrist's office. This evidence convinced a DeKalb County, Georgia jury that Dr. Joshi and the staff at Radiology Associates of DeKalb neither violated the standard of care nor served as a proximate cause to Lisa's death, resulting in a defense verdict.
Guest Bio:
Dan Huff
Since 1991, Dan has specialized in the defense of high damages lawsuits, primarily medical malpractice lawsuits and claims. He has represented defendants in more than 110 jury trials. He has defended and successfully tried cases for every specialty of medicine and numerous hospitals throughout Georgia. Dan’s trial record would be a proud career for any defense lawyer and remarkable because Dan has tried and won so many cases in so few years. In the past five years Dan has tried more than 30 medical malpractice cases in Georgia. Many of those cases have been against the best plaintiffs' attorneys in the state.
Because of Dan’s trial record and reputation with plaintiffs' attorneys, he is able to obtain the best possible outcomes for physicians and hospitals whether the case is tried or resolved.
In addition to representing defendants, Dan is a regular contributor to legal and medical publications and seminars. Dan and his firm are proud to donate their time and resources to help several local charities and provide pro bono legal representation to indigent clients.
In 2018, Dan became a Fellow in the American College of Trial Lawyers. Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship. Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States.
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Tuesday Nov 22, 2022
Tuesday Nov 22, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Mark Avera of Avera and Smith (https://www.avera.com/).
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Episode Details:
Gainesville, Florida trial lawyer Mark Avera of Avera & Smith explains how he secured justice for Yvonne Wiederhold, the wife of the late Rich Wiederhold, by connecting the actions of one negligent delivery driver in Orlando, Florida to the larger Domino’s Pizza corporation through established right-of-control practices. Rich, a retired Brevard County District Fire Chief, strategically swerved and ultimately rolled his truck to avoid crashing into a Domino’s delivery car that pulled out in front of him. Rich was rendered a quadriplegic and died 15 months later due to complications. An Orange County, Florida jury returned a verdict of $8,977,788.55 in damages against Domino's Pizza LLC.
Guest Bio:
Mark Avera
Like his father before him, Mark Avera has a history of many years of service to the people of Florida. His knowledge and understanding of the legal needs of his clients come not only from the practice of law but from his early career as sheriff’s deputy in Alachua County.
Before becoming a law partner at Avera & Smith in 1989 (then Avera & Avera), Mark served as a sheriff’s deputy for Alachua County. He became the department’s youngest deputy ever to be promoted to the rank of Sergeant. His primary assignments were uniform patrol division, SWAT, and the supervision of the department’s Street Crimes Unit.
Mark completed his bachelor’s degree at the University of Florida while working midnight shifts for the Sheriff’s Department and went on to graduate from UF with a law degree. Today, Mark serves as Managing Partner for Avera & Smith and works alongside his brother, Lance Avera, who specializes in workers' compensation law, and partner Rod Smith, who specializes in personal injury law.
Mark is Board Certified in Civil Trial Law (B.C.S.) by the Florida Bar. He received his initial certification in 1998 and has remained qualified for board certification in civil trial law since that time. Board Certification is the Florida Bar’s highest level of evaluation in competence and experience within a specific area of law and indicates superior professionalism and ethics in practice. Only slightly more than 1,000 of the more than 100,000 lawyers currently licensed in the State of Florida are actually Board Certified in Civil Trial Law.
During his career, Mark’s professionalism and dedication to his work as a trial advocate are reflected by his induction into the American Board of Trial Advocates (ABOTA) and in 2015 his induction into the International Society of Barristers. His accomplishments in the courtroom are recognized yearly in legal publications such as Florida Trend’s Legal Elite, Florida’s Super Lawyers, and in 2007 he was recognized by Lawdragon as one of the top 500 Plaintiff’s lawyers in America.
After the landmark Supreme Court decision in Engle v. Liggett Group, Inc., Mark has been involved in representing Engle plaintiffs against various tobacco companies responsible for the deaths of smokers who began smoking as children in the 1940s and 1950s.
Beyond his professional achievements, he believes in community service to give back to the community which has been an integral part of his life.
Mark serves on the Board of Directors for the Santa Fe College Foundation and in the past served on the Boards of Directors for the Children’s Home Society, North Central Florida Community Foundation, and the Executive Committee of the North Florida Heart Ball, American Heart Association.
Mark is married to the former Stacy Marie Upchurch and their blended family consists of four children; Alexandria, Danielle, Myles, and Weston. They all enjoy the outdoors and travel.
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Tuesday Nov 15, 2022
Tuesday Nov 15, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Patrick Malone of Patrick Malone & Associates, P.C. (https://www.patrickmalonelaw.com/).
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Episode Details:
Acclaimed Washington, D.C. plaintiff’s attorney Patrick Malone discusses how he secured a $3.6 million verdict on behalf of a two-week-old baby girl who suffered a serious chemical burn from an intravenous line delivering liquid nutrition and antibiotics in her ankle at Georgetown University Hospital. The tip of the intravenous needle migrated into the muscle and fat, causing permanent injury that required multiple medical interventions. At trial, Malone demonstrated that the nursing staff at the hospital allowed the IV line to go unchecked, directly contributing to the severity of the burn.
Guest Bio:
Patrick Malone
Patrick Malone is a leading patient safety advocate and attorney who represents seriously injured people in medical malpractice lawsuits, product liability cases and other types of lawsuits. Mr. Malone has won a long string of exceptional verdicts and settlements on behalf of his clients. He is the co-author of an acclaimed book teaching other attorneys how to win cases: Rules of the Road: A Plaintiff’ Lawyer’s Guide to Proving Liability.
Patrick Malone is a son of the Midwest. He grew up in an Irish Catholic family in Wichita, Kansas, the oldest of seven children. After graduating summa cum laude from the University of Kansas, he worked as a reporter for United Press International in Kansas City, then won a prestigious journalism fellowship at the University of Michigan, where he studied public health issues and wrote freelance articles for the Washington Post. Malone then worked as a medical writer and investigative reporter for the Miami Herald, where he won a number of awards, including a finalist designation for the Pulitzer Prize for a series co-authored on “dangerous doctors.”
After he was accepted at Yale Law School, Malone and his wife Vicki sold their home in Miami and moved to a rental apartment in New Haven, Connecticut with their infant son. They had one more son while at Yale and a third after moving to the Washington area. At Yale, Malone won several student awards, including best “moot court” argument. He worked for a year after graduating for a prominent federal judge, U.S. District Judge Gerhard Gesell in Washington, D.C. In 1985, Patrick Malone began his career as an attorney representing seriously injured people.
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Tuesday Nov 08, 2022
Tuesday Nov 08, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Betty Nguyen Davis (http://www.bettydavislaw.com) & Bethany Schneider (https://schneiderlawpc.com/).
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Episode Details:
The National Trial Lawyers 40 Under 40 honoree Bethany Schneider of Schneider Law, P.C. and three-time Georgia Super Lawyers honoree Betty Davis of The Davis Injury Firm LLC discuss a recent personal injury case involving a metro Atlanta hotel, a general contractor, a subcontractor, and a Haitian cab driver. Struck by an 8-foot metal pipe falling from the construction site four floors above, cab driver Max Laguerre sustained a traumatic brain injury, due to a lack of safety precautions taken by Cajun Contractors, Inc. In June, a DeKalb County, Georgia jury returned a $5 million verdict, which was added to a $1 million pre-trial settlement with the hotel and over $500,000 in punitive damages.
Guest Bios:
Betty Nguyen Davis
Betty Nguyen Davis is an Atlanta injury attorney who solely focuses her practice on plaintiff’s personal injury work. Betty is consistently recognized by her peers as a top attorney in Georgia by Super Lawyers and Georgia Trend and is highly recommended by her clients as an aggressive and persistent, yet caring and accessible attorney.
Bethany Schneider
With more than a decade of trial experience, Bethany has built a reputation as a preeminent trial lawyer in Georgia and Florida. Bethany has always had a passion for fairness and justice and knew from an early age that she wanted to be a trial lawyer, fighting on behalf of others in the courtroom. Bethany grew up in Franklin, Tennessee, before attending the University of Georgia from 2002-2005, where she graduated with an ABJ and BA with highest honors, Phi Beta Kappa. She briefly left the Southeast for law school and graduated from the University of Texas at Austin with honors in 2009. While in law school, she honed her trial skills on the mock trial team and was honored with the award for the Best Advocate in her graduating class.
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Tuesday Nov 01, 2022
Tuesday Nov 01, 2022
This week we’re replaying a classic episode where your hosts Steve Lowry and Yvonne Godfrey interview Russ Herman, Senior Partner of Herman, Herman & Katz, L.L.C. (hhklawfirm.com).
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Episode Details:
In late 2011, HH&K partner Russ Herman helped finalize the 14-year-old class action lawsuit, Scott v. American Tobacco Company, with a judgment that ordered certain tobacco companies to fund a statewide, 10-year smoking cessation program benefiting more than 200,000 Louisiana smokers who are members of the plaintiff class (the “Scott Class”). The judgment created a court-established and court-supervised smoking cessation program to benefit Louisiana residents who began their smoking habit before September 1, 1988. Since the judgment, the defendant tobacco companies have deposited the funds with the Court to create the Smoking Cessation Trust (“SCT”).
Guest Bio:
Russ Herman
Russ M. Herman is a Senior Partner of Herman, Herman & Katz, L.L.C. He graduated from Tulane University with a B.A. Degree and L.L.B. in 1966. In 1977, he was chosen “Outstanding Trial Lawyer” by the Louisiana Trial Lawyers Association and was LTLA President in 1980-81.
He has authored over 200 articles, papers and books in various aspects of Civil Trial Practice and has been published in various works including Am Jur; Trials; Shepard’s/McGraw Hill; The National Business Institute; Trial Magazine; The Forum; and Personal Injury Annual by Matthew Bender.
Show Sponsors:
Legal Technology Services - LegalTechService.com
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Harris Lowry Manton LLP - hlmlawfirm.com
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