Just Verdicts

How do you go from a $130k settlement offer to a $3M verdict on a case that was originally a garden variety slip-and-fall-hip-fracture-in-a-nursing-home case? 

On this episode of Just Verdicts (formerly Trial & Medical Error), host and med mal litigator Brendan Lupetin, is joined by personal injury attorneys Kelly Ciravolo and Jamie Anzalone of Anzalone & Doyle Trial Lawyers. Kelly and Jamie discuss the strategies and tactics they used to turn mundane facts into a $3M verdict against a nursing home group ($2.7M of which was for punitive damages).

Tune in to hear Kelly and Jamie talk about their approach to opening, the drivers that helped establish liability, how they showed a pattern of conduct that got the jury ticked off, and their strategic move to set up a claim for punitive damages at trial (not beforehand).  They also discuss their approach to the bifurcated punitive trial.

☑️ Jamie Anzalone | LinkedIn

☑️ Kelly Ciravolo | LinkedIn

☑️ Anzalone & Doyle Trial Lawyers | LinkedIn | Facebook | Instagram | Twitter/X 

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | YouTube

• Getting to know Kelly Ciravolo and Jamie Anzalone
• Background and settlement posture in the case
• Rule-based structure of opening statements
• Why Kelly and Jamie went after ‘pattern of conduct’ instead of ‘systemic failure’ 
• Bifurcated trial and punitive damages
• How Kelly and Jamie motivated the jury to award $2.7M in punitives

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

The best trial lawyers are the ones who can spot the big picture and then figure out a strategy to use that to tip the case to their side.

On this episode of Just Verdicts (formerly Trial & Medical Error), Brendan Lupetin interviews Ben Gideon, a med mal trial attorney from Maine who is a member of the Inner Circle of Advocates and co-host of Elawvate, a podcast for trial lawyers. 

Tune in as Ben shares an interesting way to frame an individual doctor case as a system failure, how to overcome confirmation bias in your case prep, the value of big data studies in settlement discussions and client communication, and the way you should be doing focus groups to confront your case weaknesses.

☑️ Ben Gideon | LinkedIn | Podcast

☑️ Gideon Asen LLC | Facebook | Twitter/X | LinkedIn | YouTube | Yelp

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | YouTube

• There’s no one formula to being a successful trial lawyer
• Why curiosity leads to better case strategy
• The benefit of coming into a case late
• The way you should be doing a focus group
• How to frame the individual doctor case as a system failure
• What kind of weight to give the big data study once you get it

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

While there are certain venues you’d like to avoid, if possible, you just can't control where your client was injured.  Our clients deserve justice no matter where malpractice happened.

On this episode of Just Verdicts (formerly Trial & Medical Error), Brendan Lupetin interviews Victor Pribanic, a trial lawyer at Pribanic & Pribanic in Western Pennsylvania. 

Victor shares how he and his associate, Sherie Cannin, won the first medical malpractice verdict in McKean County, the different hurdles they had to overcome, and the role that his client’s personality played in the trial. Victor also talks about his philosophy and approach to trial, and why, after many years of exclusively trying cases alone, he now favors the team approach.

☑️ Victor Pribanic | LinkedIn

☑️ Pribanic & Pribanic

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

• Victor’s early career and working in the DA’s office
• Persuasion, believing you’re on the right side, and being truthful in the courtroom
• Coming up with your own formula for opening and closing statements
• Victor’s historic med mal verdict in McKean County, Pennsylvania
• Cross-examining doctors
• Jury perception of your client

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

There's nothing “alternative" about the mediation process anymore. Trials are the alternative because settlements and mediations far outweigh the cases that are being tried.

In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigator Brendan Lupetin talks with John Noble, a prolific and highly sought-after mediator in the Commonwealth of Pennsylvania. John has done at least 250 mediations and arbitrations each year since about 2007. John is also a longtime trial attorney who has worked on both sides of the fence. 

Tune in to hear John share his experiences as a litigator and a mediator, including his insights about trial practice, how to maximize chances of getting a good settlement, and the most important goal of mediation that you need to know if you want to be successful. 

☑️ John Noble | LinkedIn

☑️ noblemediation, LLC

☑️ Brendan Lupetin | LinkedIn

☑️ Greg Unatin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

• John Noble’s background and his transition from private practice to mediation
• The goal of mediation is to make all the parties look good
• Focus groups versus jury studies
• The importance of good relationships with opposing counsel
• Using brackets in mediation

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

Being prepared for trial conveys the message that your case is important. So when you have a limited window of time to present your case to the jury, you better not wing it. 

On this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigator Brendan Lupetin interviews Ryan McKeen, the Co-founder and CEO of Connecticut Trial Firm, LLC. A first-generation lawyer, Ryan is the author of multiple personal injury books including, Tiger Tactics. He also mentors lawyers on how to be better firm owners through the Lawyerist. Additionally, Ryan is a nationally recognized speaker and actively contributes to his community through various charitable causes.

Tune in to hear Ryan talk about the tactics that led to a historic 100 million dollar jury verdict obtained by him and his partner. Ryan also explains the role focus groups played in the case, why you should be recording your focus groups, the importance of scripting your trial, and he offers a unique approach to suggesting a monetary number to the jury. 

☑️ Ryan McKeen | LinkedIn

☑️ Connecticut Trial Firm, LLC  

☑️ Connect: LinkedIn | Facebook | Twitter/X | Instagram | YouTube 

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

☑️ Resources Mentioned: Total Trial Solutions and Cruz Opening Statement

☑️ Trial Lawyers Summit, Miami Florida, January 18-21 

• Ryan McKeen’s background and how he got to where he is today
• Ryan’s biggest influences trying cases
• Use of focus groups before trial
• Summary of TLED light bulb case resulting in $100 million verdict
• Suggesting a specific number to the jury

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

“Being good at what you do is enough to make you successful.” If only. If you want to build a thriving law practice in the modern legal marketplace, business and marketing chops are a must.

Tune in as John Fisher provides a masterclass for young lawyers hungry to make (and keep) more money, develop a referral-based practice, and cultivate a valuable referral network.

John is the owner and founder of The New York Injury and Malpractice Law Firm in Kingston, New York, where he specializes in the representation of catastrophically injured persons. He’s also the author of several books as well as an entrepreneur and the founder of The Mastermind Experience, a challenging seminar where elite lawyers collaborate to achieve incredible results.

Want a signed copy of John’s latest book, The Law Firm of Your Dreams? Just send john an email at [email protected].

☑️ John Fisher | LinkedIn 

☑️ The New York Injury Malpractice Law Firm, P.C. 

☑️ Connect: Facebook | YouTube | Instagram

☑️ Brendan Lupetin | LinkedIn

☑️ Greg Unatin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

☑️ Resources Mentioned: The Mastermind Experience, www.FisherPedia.com  

☑️ Books: The Seven Deadly Mistakes of Malpractice Victims, The Power of a System, The Law Firm of Your Dreams

• John Fisher’s journey to becoming a medical malpractice attorney
• Why John never agrees to confidential settlements
• Loving the work you do
• Developing referrals and business sources
• The complexity of medical malpractice and fee structure

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

Having the facts on your side doesn’t always keep a case from going to trial. There are always arguments on the defense side, and even the strongest facts have to be presented effectively to get a good case result.  

In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigators Brendan Lupetin and Greg Unatin welcome Pittsburgh, Pennsylvania based trial lawyer, John Perkosky, to the show. The trio discuss the record setting $16 million jury verdict John obtained in a Pennsylvania medical malpractice wrongful death case, that resulted in the death of a baby in her 36th week. Their conversation covers the story of the case, including why it went to trial. They also discuss John’s personal approach to opening statements, how he handled the issue of whether to call the defendant doctor in his case-in-chief, critical cross exam testimony, a dramatic courtroom moment, and a tried and true closing argument strategy. 

☑️ John Perkosky | Ogg, Murphy & Perkosky, P.C. | LinkedIn

☑️ Brendan Lupetin | LinkedIn

☑️ Greg Unatin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

• John's journey to becoming a trial lawyer
• Countering the “halo effect” when trying a med mal case against a doctor
• Preeclampsia, pregnancy complications, and protocols
• Honing in on lapses in care and key supporting facts
• Obstetricians can treat pregnancies “on autopilot”
• Why the case went to trial despite strong facts on the plaintiff’s side
• The power of a hook in an opening statement
• Arguments for and against calling the defendant doctor during case-in-chief
• Key moments in the trial
• Highlights from John’s closing

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

A good trial lawyer, like a good storyteller, knows how to use narratives to connect with their audience. Often, the simplest stories are the most powerful. The challenge can be cutting out the extraneous details and focusing on what is strongest in a case. 

In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigators Brendan Lupetin and Maggie Cooney share their insights and successes in a recent slip and fall trial. They discuss effective discovery strategies, how to craft authentic testimony, establishing credibility for both the client and the legal team, and ways of simplifying the case for the jury to present a clear and compelling story.  

☑️ Brendan Lupetin | LinkedIn

☑️ Maggie Cooney | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

• Fighting incident report redactions to uncover a “big reveal” 
• How notes can help to keep an opening statement focused and precise
• Preparing a witness without making their testimony too scripted or rehearsed 
• Juries connect with emotionally resonant stories
• A gentle touch on cross exam can be more beneficial than an aggressive approach
• The importance of a credible plaintiff who’s willing to work
• Make your case short and sweet to eliminate opportunities for mistakes
• Big picture strategies for premises liability cases
• Dealing with “frivolous defenses”

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

Whether you’ve tried dozens of cases or are preparing to try your very first case, establishing an effective trial preparation process is key to a successful outcome for you and your client. 

In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigators Brendan Lupetin and Greg Unatin discuss the process they go through every time they try a case. Beginning with establishing a trial team and creating a detailed checklist, they go on to discuss the role of organization, the advantage of having a trial support team, the importance of mental preparation, and how telling a story in your opening statement can guide your trial strategy.

Tune in to learn how you can gain an edge in your trial prep.

☑️ Brendan Lupetin | LinkedIn

☑️ Greg Unatin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

• Why preparedness from the start is crucial to a successful outcome
• How to prepare your mental game for trial
• Why trial lawyers are more like conductors and directors rather than actors
• The importance of reframing when you are thrown a curveball
• How your opening statement can help guide your case presentation
• The advantage of having a trial support team and jury expectations on technology

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

While it’s okay to look for positive feedback, don’t try to win the focus group. That’s a mistake. Instead you want that first presentation to be really tough so that you find all the problems, all the ways that the jury hates your case, hates you, hates your client, whatever it is. And then you can iterate, fix, repair, and patch. 

In this episode of Just Verdicts (formerly Trial & Medical Error), med mal litigators Brendan Lupetin and Greg Unatin discuss how virtual focus groups can be used to analyze different aspects of your case, identify potential pitfalls and landmines, evaluate how the jury is likely to perceive your client, reinforce critical parts of your argument, and even how to use feedback from focus groups in mediation and settlement. Additionally, Brendan and Greg talk about how focus groups can also serve as a convenient source of referrals. 

Tune in to learn more about how to leverage virtual focus groups to hone your case so that you have the best chance of winning.

☑️ Brendan Lupetin | LinkedIn

☑️ Greg Unatin | LinkedIn

☑️ Lupetin & Unatin, LLC

☑️ Connect: Facebook | LinkedIn | YouTube

☑️ Subscribe: Apple Podcasts | Spotify | Google Podcasts

☑️ Resource mentioned: How to Do Your Own Focus Groups: A Guide for Trial Attorneys by David Ball

• Why you need to focus on what’s important to focus group participants
• How to do a witness preparation focus group
• The basic focus group formats that provide the most value
• What you should listen for when your virtual focus group deliberates via Zoom

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.