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Valuing Economic Damages in Medical Malpractice Cases in New York


Level: Advanced
Runtime: 59 minutes
Recorded Date: October 09, 2015
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Agenda

3:15 pm - 4:15 pm
1)Lost earnings / income
        a. Children: impaired at birth
        b. Children: impaired post-birth
        c. Adults
2)Valuation of Fringe Benefits
3)Pre-impairment and Post-impairment Earnings Capacity
4)Future Medical Costs (Life Care Plans)
5)Issues Related to Life Expectancy
6)CPLR 4111
        a. Calculation of Damages for Settlement Negotiations
        b. Presentation of Damages at Trial
        c. Wrongful Death versus Personal Injury
        d. When to adjust for Income Taxes

Runtime: 59 minutes
Recorded: October 9th, 2015
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

This seminar will provide you with an overview of valuing economic damages in medical malpractice cases.

This program was recorded on October 9th, 2015 as part of the New York Law Journal's Litigation Summit.

Provided By

New York Law Journal
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Panelists

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Kristin Kuscma

Managing Director
Sobel Tinari Economics Group

Prior to joining the Sobel Tinari Economics Group (STEG), Professor Kucsma spent over 13 years teaching economics at Saint Peter’s College, Rutgers, Seton Hall and Drew Universities. Teaching at both the undergraduate and graduate levels, Professor Kucsma was an award-winning educator, receiving Professor of the Year Award two years in a row. Her areas of expertise include money, banking and financial markets, corporate finance, and government and business. Kucsma has lectured on consumer safety, measuring the impact of positive and negative externalities, and evaluating market and government responses to these externalities. Professor Kucsma has worked extensively on forensic economics cases involving personal injury, wrongful death, stock valuation, and employment law. She has played and will continue to play a critical role in expanding the group’s commercial damages business by integrating her considerable knowledge of securities valuation and political economy into the existing portfolio of comprehensive services offered by STEG. Kucsma is a member of the Eastern Economic Association and the American Monetary Institute.

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Elizabeth Montesano

Attorney
Sullivan Papain Block McGrath & Cannavo P.C.

Elizabeth Montesano joined the Firm in 2002 and began working in the Firm’s medical malpractice department. With her hard work, dedication and understanding of medicine and the law, she has successfully litigated numerous multi-million dollar cases. Her compassion, commitment and unrelenting efforts make her a true advocate for the Firm's clients who have been victims of medical malpractice.

Ms. Montesano handles all types of medical malpractice cases including birth injuries, delay in diagnosis of cancer, surgical and cardiac cases, as well as, product liability cases when they involve defective medical equipment.

Many of the cases Ms. Montesano has handled have resulted in substantial settlements for our clients. Among these is a case involving the improper care of a pregnant woman with pre-eclampsia, which resulted in the mother's death and the severe brain damage of her baby. The mother's case settled for $2,700,000 and the infant's case for $5,300,000. Ms. Montesano also handled a case involving a delay in diagnosis of breast cancer and wrongful death of a 33 year old woman which settled for $3,800,000, and another involving a delay in diagnosis of breast cancer in a 61 year old woman, which settled for $2,100,000. Additionally, she litigated a case on behalf of a four year old who sustained a stroke while undergoing surgery. Ms. Montesano was able to prove that a heart lung bypass machine was improperly used during the surgery. The case ultimately settled for $3,000,000.

Ms. Montesano became a member of the firm in 2011. She graduated from New York Law School in 2000, Magna Cum Laude. She is a member of the Westchester Women's Bar Association and member of the Board of Directors of the New York State Trial Lawyers Association.


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