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Anuj Thapa wanted the American dream. A college student from Nepal who came to the United States to pursue mechanical engineering, Anuj had big dreams of getting his degree and becoming the breadwinner for his family members at home in Nepal.Â
But his aspirations were destroyed by a leg injury that led to a painful condition called compartment syndrome. Due to the neglect of his doctors, the damage that Anuj suffered after his surgery left him disabled.
Luckily for Anuj, he got one of the most esteemed medical malpractice lawyers in the country to try his case, Ciresi Conlinâs Brandon E. Thompson. With 17 years of experience in the medical malpractice law arena, he was able to win Anuj $111 million in damages. The defenseâs argument? They claimed that Anuj â a 19-year-old in the U.S. on a student visa â was lying about when and where he developed compartment syndrome.
âThat was a gift to us that they framed the case that way because it allowed us, throughout the case, to paint this as a credibility contest,â Brandon said. âFind me another case where you’ve got somebody who truly has had their American dream torn away from them in the way that his was.â
For Brandon, presenting cases to the jury with empathy is the key to success â and heâs had a lot of it. Tune in to this episode of Trial Lawyer Nation as host Michael Cowen talks with Brandon about all things medical malpractice: from the weaknesses of liability arguments to the secrets of getting a jury on your side.
Featured Guest
Name: Brandon E. Thompson
About: Brandon Thompsonâs entire legal career has been dedicated to representing individuals and families who have suffered from the negligence of medical professionals. There is no greater professional honor for Brandon than being asked to help people when they are facing the darkest times of their lives.
Brandon is one of the foremost trial lawyers of his generation. He has won numerous multi-million jury trials â including some of the largest-ever jury verdicts in the State of Minnesota for clients harmed by serious medical malpractice â and has negotiated many millions of dollars of settlements for his clients. He is a member of a number of elite national and international trial organizations, and in 2018 was invited to be the youngest-ever Fellow of the International Academy of Trial Lawyers, the most prestigious organization of trial lawyers in the world.
Brandonâs work ethic and compassion were a product of his blue-collar upbringing; his grandfather was a mechanic, his dad was an electrician at the Ford plant, and he was the first person in his family to go to college. The father of three children, including a young daughter with extraordinary medical needs, he empathizes with his clients in a way few lawyers truly can.
Company: Ciresi Conlin, LLP
Connect: Email
Key Points
Top takeaways from this episodeÂ
- Look beyond liability. When choosing which cases to defend, one of the biggest mistakes lawyers can make is choosing a claim based on liability claims alone. Liability is not always as strong as it seems, so the first criterion should always be the seriousness of the injury or damages.
- Differentiate your case. One of the best things medical malpractice lawyers can do to win over a jury is to differentiate their case and show how it is an outlier.Â
- Avoid credibility arguments. In the case Brandon won for Nepali student Anuj Thapa, the hospitalâs biggest mistake was using credibility as their primary defense. In this case, it was deeply improbable that someone like Anuj, who risked everything to pursue his âAmerican dream,â would lie about his injury.
Episode HighlightsÂ
[01:43] Meet the expert: Brandon E. Thompson talks about how he went from insurance defense at a corporate firm â a job he hated â to one of the countryâs foremost personal injury lawyers.
[04:42] Humble beginnings: Brandonâs upbringing in a blue-collar family influenced his decision to help people through law.
[06:06] Right place, right time: When Brandon decided it was time for a job change, he was given an opportunity that would shape the rest of his career: a job with one of the nationâs best medical malpractice lawyers.
[10:59] Picking the right cases: In a field that has no shortage of potential cases, how do medical malpractice lawyers choose which ones are worth defending?
[15:17] The chance for success: When so much of a caseâs success rests on the jury â and luck â hereâs what medical malpractice lawyers can do to boost their chances of victory.Â
[17:19] Differentiate the case: One of the strongest things lawyers can do to strengthen their case is to differentiate the situation from the norm and show how it is an outlier. Brandon offers examples of how to do this successfully.
[21:27] The $100 million case: Brandon tells the devastating story of his client Anuj Thapa â a Nepali college student who was the victim of a botched surgery â and how Brandon won his client $111 million in damages.
[32:53] What went wrong: Brandon explains how he framed â and later won â the case against the hospital and who was to blame for the permanent ailments Anuj was left with after his surgery.
[38:04] What drove the verdict: The lucky combination of Anujâs strong story with a good jury helped Brandon win the case.
[45:49] Making the ask: How do medical malpractice lawyers decide how much in compensation to ask a jury for? Brandon explains why asking for a specific number may not always be the best choice.
[51:45] Rejecting the reptile strategy: David Ball and Don Keenanâs 2009 book âReptileâ presents a strategy that uses fear and anger to get jurors to sympathize with a plaintiff â but the approach may not work for everyone.
Connect with Trial Lawyer Nation
âď¸ Follow us on Twitter, Facebook, Instagram & LinkedIn.
âď¸ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry â specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
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112 – Krystal Cantu-Cuate – The Healing Journey: Facing Traumas and Truths
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On this special episode of Trial Lawyer Nation, Michael welcomes his favorite client of all time, Krystal Cantu-Cuate. Like many clients, Michael was introduced to Krystal under difficult circumstances. Krystal was traveling a car that experienced a tire blowout. The blowout resulted in a tragic accident, and the amputation of Kyrstalâs right arm. As is often the case, this was only the beginning of a long and emotional journey.
When she first saw her family members gathered in the hospital waiting room, they were crying and expressing fear and apprehension about her future. In that moment, Krystal decided she was going to be strong for them and defy their fears and worries.
With the driving force to be strong for her family and take control of her situation, Krystal began working tirelessly to achieve and overcome. Within a month of her accident, Krystal was back in the gym resuming her CrossFit training.Â
Behind that incredible tenacity the world saw, a much darker story was playing out. Krystal wasnât okay. The trauma was silently wearing on her. She admits she was in denial, repressing difficult thoughts, emotions, and feelings about the accident. And, because she was lacking the tools and knowledge to process the trauma she went through, inner struggle, pain, and repressed emotions became her normal. As litigation wore on, and maintaining the Superwoman exterior became more difficult, Krystalâs mental health challenges began to consume her.
While the journey has more bumps than Krystal was willing to admit to herself in the early years, this story has a happy ending. With Michaelâs help, Krystal admitted to herself that is was okay not to be okay, made her mental health a priority, and sought out the support she needed to continue her healing journey.Â
Join us on this new episode of Trial Lawyer Nation for this emotional story of trauma, bravery, hard truths, and healing with guest Krystal Cantu-Cuate, an ex-CrossFit adaptive athlete and keynote speaker on mental health.
Featured Guest
Name: Krystal Cantu-Cuate
About: Krystal Cantu-Cuate is an ex-CrossFit adaptive athlete, keynote speaker on mental health, part-time bridal stylist, mother, and wife. After a tragic car accident in 2013 that resulted in the amputation of her right arm, Krystal went on to live her life in the face of adversity. Becoming one of the first competitive CrossFit adaptive athletes, Krystal traveled all over the US competing â and inspiring thousands while doing so. In 2016, she gave birth to her son, Joaquin, and left her competitive career. In 2021, Krystal was faced with her biggest challenge yet: mental health. After a traumatic experience with crippling anxiety, Krystal was faced with challenges that called for uncomfortable conversations. Krystal is now a keynote speaker on mental health and its importance. She continues using her own personal experiences to help others who may be struggling.
Connect: LinkedIn | Instagram | FacebookÂ
Key Points
Top takeaways from this episodeÂ
- Itâs okay to ask for help. Asking for help doesnât make you weak â it actually shows how strong you are. Whether you have a case in litigation or youâre fighting inner battles, itâs important to seek help. Lawyers and experts in the field can guide you through the litigation process and ease your worries. Close friends and family can give you the support needed to work through personal struggles. No matter your circumstance, always remember that you donât have to go through it alone.  Â
- A healing journey requires honesty and bravery. Healing is never easy, and itâs not a linear process. You have your ups, your downs, and everything in between. But what will get you through is honesty and bravery. You must be honest with yourself about where you are and what you need to start healing. Once you understand this, you need the courage to take on whatever challenge comes your way.Â
- Trust yourself. Nobody knows you better than yourself, although itâs easy to forget sometimes. In her darkest days, Krystalâs husband, Daniel, reminded her, âNo matter what’s happening in your head right now, don’t forget â don’t forget who you are⌠Just trust yourself.â Trusting yourself and your strength can help keep you out of a downward spiral. Â
Episode HighlightsÂ
[02:06] The tragic story that changed everything: Krystal Cantu-Cuate shares the story of her car accident in 2013 that resulted in the amputation of her arm (and the beginning of her work with Michael Cowen).Â
[04:48] The litigation process: Krystal recounts what the litigation process was like, the harsh questions she faced in the deposition room, and what it was like dealing with foreign language and legalese documents.Â
[07:39] Knowing your strengths: Despite the severity of the situation, Krystal trusted in Michael, continued her CrossFit training as a form of therapy, and stuck to her strengths. What drove her to take on this superwoman persona?
[13:45] Dealing with the difficulties of the case: Krystal opens up about her fears of facing the memories during the witness preparation.   Â
[16:18] Using CrossFit to push through: Krystal couldnât fathom someone telling her she couldnât do something â so she continued her CrossFit training. She doesnât regret doing CrossFit because it kept her body healthy and her mind preoccupied.
[20:07] Struggling behind closed doors: Despite her fierce positivity, Krystal lost a lot of confidence in herself and faced a ton of anxiety after the accident.
[22:28] Finding a breakthrough: Krystal shares what finally led her to a breakthrough after a traumatic anxiety spiral. From suicidal thoughts to medication, Krystal faced a turning point that led to her healing journey.Â
[33:15] Using therapy in your healing journey: Michael and Krystal discuss their experiences seeing a therapist and why you have to be courageous to get honest. They also dive into the stigma of therapy and their thoughts on removing the stigma.Â
[35:31] The truth about intrusive thoughts: Krystal talks about naming her suicidal thoughts, telling her family about them, and why suicidal and intrusive thoughts are more common than youâd think.Â
[41:43] Not staying quiet: Instead of holding in her thoughts, feelings, and pain, Krystal speaks up. Whether itâs to her husband or therapist, Krystal shares what sheâs feeling â despite how uncomfortable it can be.Â
[44:39] Receiving support: Krystal shares how her husband, Daniel, was an essential part of her healing.Â
[47:45] Krystalâs speaking initiatives: How is Krystal using her speaking to help others going through a similar situation? Sheâs sharing all of the details.Â
[51:08] Leading through tough situations: Krystal shares advice for attorneys on how to companion people through their difficult journeys.
Connect with Trial Lawyer Nation
âď¸ Follow us on Twitter, Facebook, Instagram & LinkedIn.
âď¸ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry â specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
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119 – Sonia Rodriguez – The Balancing Act: Running A Law Firm And Practicing Law
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Two of the most difficult career paths are running your own business and practicing as a trial lawyer. They both take time, energy, commitment, and exceptional ability in your craft. However, when running your own law firm, youâre tasked with doing both. It can be easy to mismanage the business side or let your abilities as an attorney waiver when one takes control of the other. So how do you balance the two for an exceptional law practice?
In episode 119, Michael Cowen speaks with Sonia Rodriguez, his fellow Partner & Trial Lawyer at Cowen, Rodriguez and Peacock PC about how they run their law firm. On this episode of Trial Lawyer Nation, Michael and Sonia discuss balancing being great lawyers and running a great firm, hiring and coaching decisions, how team building can impact the success of your efforts, taking the right cases at the right time, and much more.
Featured Guest
Name: Sonia Rodriguez
About: Sonia Rodriguez is a native of San Antonio. She graduated from Burbank High School then completed undergraduate studies at the University of North Texas in Denton, Texas. In 1999, Sonia received a Juris Doctorate degree from St. Maryâs University School of Law, in San Antonio, Texas, where she served as an editor and a co-founder of The Scholar: St. Maryâs Law Review on Minority Issues. Since then, Sonia has represented individuals and families who have been injured or have lost loved ones due to the negligence of others. Soniaâs commitment to serving her community through honest and fair legal representation was inspired by her father, a passionate labor organizer and her mother, a hard-working and loyal former paralegal.
Company: Partner And Trial Lawyer, Cowen | Rodriguez | Peacock
Connect: Linkedin
Key Points
Top takeaways from this episodeÂ
- Your law firm is a business. Is it healthy? Reminder that a law firm is a business. Itâs important that you periodically gauge where your firm stands on its goals for growth, quality, income, and other goals you may have set to ensure itâs running the way you envision it.
- How to manage your new team members from the business and law sides of the firm. Managing a team is a skill. Itâs imperative that you hire team members from both the business and law side of the firm that fit your firm’s culture, quality, and vision. That also means that as the firm grows, your team members may not grow with it whether from their decision or yours. You must communicate the past, present, and future of your firm to your team so that you can all work together as smoothly as possible.
- How to balance running a law firm and practicing law by hiring exceptional team members. Youâre not going to enjoy or thrive in every section of running a law firm. The key to balancing the things you enjoy and the things you donât is hiring exceptional team members to handle things like marketing, advertising, human resources, etc.
Episode HighlightsÂ
[02:19] Evaluate Your Business Health: Keep an eye on what works and what does not in your law firm
[09:15] Creating Systems Of Accountability In Your Business: As you are looking to manage your business health, also gauge your personal and team accountability.Â
[13:56] Keeping up with a drastically changing job market: How Michael and Sonia have kept up with their team’s needs with a changing job market.
[26:49] Managing your team, especially with new lawyers: When working with a team, learning to adjust behaviors and expectations is imperative for a healthy team culture.
[38:09] How to balance being an exceptional lawyer with an exceptional law practice: Although your time is eaten up by running a law firm business, there are many methods and practices that you can apply to balance the law firm with practicing law yourself.
[42:24] Best practices for coaching team members: It can be difficult telling a team member you donât like what they do, but by using radical candor you can help a team member be better for them and for the rest of the team.Â
[40:32] Hiring for the things you donât want to do: One of the keys to balance is to hire a great team to handle the business side of a law firm so you can focus on the practice side.
Connect with Trial Lawyer Nation
âď¸ Follow us on Twitter, Facebook, Instagram & LinkedIn.
âď¸ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry â specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
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121 – Ben Newman – How to Turn 45K in Medical Expenses Into a Million Dollar Verdict
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A Trial Lawyer Nation listener since his Defense days, Ben Newman joins the podcast today to discuss his recent $1,076,000 verdict in Collin County, Texas.
At first blush, the facts of this case are problematic. Stemming from a spine injury the plaintiff suffered in a collision at an intersection, the case faced hurdles including, a traditionally conservative venue, a dispute over which party had a green light, an âinvisibleâ injury, minimal therapy and injections, medical expenses of only $45,000, and a defendant that was an individual, not a faceless insurance company or corporate defendant.
Ben credits much of his success in this case to standing on the shoulders of legendary trial lawyers such as Joe Fried, Keith Mitnik, David Ball, and other Trial Lawyer Nation guests. â[The Trial Lawyer Nation] podcast is really what started me down this road of tracking down all of these resources to help me develop my trial technique.â
Ben says he consumed every podcast, video, book, and resource he could find on trial skills and trying cases. âEverything that I do in the courtroom can be traced back to something that I’ve read or something that I’ve seen.â
Join Michael Cowen and Ben Newman as they explore Benâs incredible verdict and uncover the tools, tactics, and trial skills Ben employed to turn a $50,000 pre-trial offer into more than one million dollars for his client.
Featured Guest
Name: Ben Newman
About: Ben is a civil trial lawyer. He handles a wide range of cases in state and federal courts throughout Texas. For Ben, trial work is not just his profession, itâs an all-consuming passion. He spends countless hours learning the latest trial techniques. And other attorneys frequently hire Ben late in their cases to assist in taking them to trial.
Ben was recognized in Texas Monthly and Thomson Reuters as a Super Lawyer Rising Star. And heâs a lifetime member of the Million Dollar Advocate Forum â a group limited to trial attorneys who have won million-dollar verdicts, awards, and settlements.
Firm: Ben Newman Attorney at Law, PLLC
Connect: LinkedIn | 361-438-1073 | Email
Episode HighlightsÂ
[02:46] A passion for trial: Ben Newman discusses his background, his passion for trying cases, and why he made the jump from defense to plaintiffâs work.
[05:39] Cultivating referral sources (and support): Ben shares how he got support from other firms and attorneys after hanging his shingle and was able to begin generating referrals quickly.
[09:54]: Learning the craft of a trial lawyer: Searching for valuable information to listen to during his commute, Ben discovered the Trial Lawyer Nation podcast. He listened to every episode and began digging into the resources Michael and his guest provided.
[14:53] The $1,076,000 verdict: Ben discusses the details of this case, addresses the unique challenges he faced, and share how one specific fact sold the jury.
[24:23] Calling the first witness: How he learned from David Ball to call the witness that can confirm the most facts from your opening statement. This way, youâre keeping the jury on track, sticking to your promises, and doing it quickly.
[29:50] Framing damages in the opening statement: How Ben focused on the invisible injuries, used an analogy from David Ball, and the per diem damage model.
[36:17] The nuances of the trial: The important role lay witnesses played, trusting the jury to make an unbiased decision, detailing harms and losses, and sending the case to the jury.
[43:42] Cutting against the stereotypes of injury attorneys: People expect injury attorneys to come to trial aggressive and ready to fight. Flipping the narrative, Ben made a point to be polite and positive to everyone in the courtroom â including the defense lawyers.Â
[46:25] Whatâs next for Ben: From trial settings to parachuting in on cases, Ben has a list of things on his agenda. Overall, heâs continuing to learn, improve, and try as many cases as he can.
Connect with Trial Lawyer Nation
âď¸ Follow us on Twitter, Facebook, Instagram & LinkedIn.
âď¸ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.
In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry â specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.
Produced and Sponsored by LawPods.
