med mal

93 – Hans Poppe – David vs. Goliath: Winning the Uphill Battle

In this episode of the Trial Lawyer Nation podcast, Michael sits down with Kentucky-based trial attorney, Hans Poppe, to discuss his recent cases, the difficulty of trying med mal cases, and much more.

The episode begins with Hans going into his history as a trial lawyer. Hans began his practice in Louisville, Kentucky, and currently runs a small, 100% referral-based firm, focusing on catastrophic injury cases. He goes on to explain that he started his firm 4 years out of law school and gradually built his practice through the years by focusing on case selection and making sure everybody knew what he was interested in by utilizing marketing methods such as CLEs to maintain relationships and monthly newsletters.

Following a brief discussion on CLEs, Michael inquires on Hans’ trial record on med mal cases, to which Hans responds, “We’ve won 3 of the last 4 med mal trials, [and have] gotten punitive damages in all 3 of [those wins].” He goes on to say that he’s been focused on trying these cases differently.

To this, Michael asks Hans to explain more about his recent wins, adding that med mal cases are tough for plaintiff attorneys. Hans agrees and adds, in Kentucky, the defense win-rate is 80-90%, and how there’s a very small group of attorneys in the state who take these cases to verdict. He goes on to say even the top lawyers who are doing very well are still losing 80% of the time.

“You’ve got to be able to put $100,000 on the line and know there’s an 80% chance that you’re going to lose it.” – Hans Poppe

Continuing the discussion of the difficulty and uphill battle of med mal cases, Hans expresses the importance of being “hyper-focused” on case selection and realizing “every case is actually 3 cases,” (meaning the case you sign up on day one, the case you prepare for, and the case you try; none of which are the same) and how those factors need to be top of mind during case selection.

Building on the topic of trying med mal cases, Hans goes on to explain if you go into the courtroom and try against a physician just based on medicine, you’re going to lose. He outlines how defense lawyers who handle med mal cases are very good lawyers and work those cases hard, and how you need to “find something else” to bring to the table.

“If you can get past the medicine… and find [focus in on] the other angle… the other side is not used to that.” – Hans Poppe

To explain the concept of “getting past the medicine,” Hans goes into detail on his most recent case involving the suicide death of his client. He shares why it was an impossible case, considering his client committed suicide, but he chose to frame the case so it started before the suicide. He describes the business practice of this particular pain management clinic and the unavoidable outcome it produced of patients not receiving the care they need. This was due to patients only seeing doctors on their first visits and mid-level providers in subsequent visits.

In this case, the prescription given to his client was written 4 days before he’d even seen the provider and was for half of his normal dose. “What we focused on were the business decisions that were being made,” Hans says before delving deeper into the unethical business practices of this clinic. This case ultimately resulted in a $7 million verdict and was a zero-offer case, which Hans adds, “the defense had no idea.”

There were 15 doctors, and the doctors aren’t seeing the patients… each doctor has 4-5 nurses under him, they see a patient every 15 minutes, and so the doctor bills 4-5 doctor’s visits every 15 minutes.” – Hans Poppe

Following this discussion, Michael and Hans go into another of his recent wins, a $21.3 million verdict case involving an unnecessary pacemaker. In this case, Hans and his team focused on the business practices of the hospital, and how it entangled with cardiologists and encouraged them to perform heart procedures; essentially disincentivizing proper care in favor of profit-focused business practices. “You know what the problem is with incentives?” Hans says, “They work.”

He and Michael continue the topic by delving into the ugly side of the medical business, and how it really changes the dynamic of a case when you can focus jury’s attention on something other than “the white coat and the stethoscope,” before moving on to Hans’ 3rd recent case.

In this case, the audit trail (document that hospitals and physician’s offices are required to maintain, tracks every time the chart is logged into, and if any edits are made) revealed several days after the patient died, the PA got into the patient’s chart and modified the history. The PA had no idea during his deposition that Hans had the audit trail, and not only that, but Hans never asked him about it … UNTIL TRIAL!

“We’re not trying a case about what happened  the exam room … we’re trying a case on what business decisions were made and how those impact patient care [and leads to] a bad outcome.” – Hans Poppe

During trial, the PA had no explanation as to why he was changing the patient chart several days later. Hans had also obtained evidence the PA had a productivity bonus and had been running behind on the day his client was seen; a fact Hans argued was the reason he didn’t do a physical examination of the patient.

This episode also covers the willingness to risk losing and why the ability to recover is so important, the impact of your mindset, appearance, and self-confidence, how incentives can go bad and how to highlight it in your case.

 

Guest Bio

Hans is licensed in Kentucky and Indiana; however, he has a national reputation for handling catastrophic injury and death cases as well as contingency fee business-to-business litigation.

While lots of lawyers hold themselves out as “trial lawyers,” Hans actually is one.  According to the 2020 Kentucky Trial Court Year in Review, only three plaintiff lawyers in Kentucky have tried more cases to verdict than Hans since 2005.

In fact, since 1998, only four lawyers in Kentucky have more verdicts over one million dollars than Hans (2020 Kentucky Trial Court Year in Review.) Hans had the largest Kentucky verdict in 2016 and the second largest Kentucky verdict in 2008. Hans has multiple seven and eight figure verdicts and settlements in medical malpractice, insurance bad faith, and FELA cases.

In 2016, ALM VerdictSearch Top 100 Verdicts of 2016 recognized Hans’ $21,274,786 verdict in Wells v Catholic Health Initiatives, Inc as the 94th largest verdict in the United States.  The Wells case was one of over 400 cased filed by the Poppe Law Firm in London, KY alleging unnecessary cardiac procedures were performed in order to boost profits.  Three more cases went to trial and ultimately all the cases were globally settled the night before the verdict in the Owens v. CHI trial.  The work done by Hans and his team also contributed to a $16,500,000 Medicare qui tam recovery from the hospital and $380,000 from two doctors.  Additionally, the work done by the Poppe Law Firm helped lead to the arrest and federal conviction of two other cardiologists for Medicare fraud.  One was sentenced to 42 months and the other was sentenced to 30 months.

At the same time he was handling the London unnecessary procedure litigation, Hans and his team found a similar fact pattern in Ashland, KY involving King’s Daughter’s hospital.  Hans filed over 500 lawsuits in Ashland also alleging unnecessary cardiac procedures. Two months later the Department of Justice reached a $41,000,000 settlement with King’s Daughers for allegations of unnecessary procedures. The civil suits were settled in a 2019 confidential global settlement.  The work done by Hans and his team also helped lead to the conviction of a third cardiologist who was sentenced to 5 years and $1,000,000 in restitution.

Hans was selected by his peers as the 2020 Lawyer of the Year in Medical Malpractice-Louisville by Best Lawyers®. Only a single lawyer in a specific practice area and location is honored with a “Lawyer of the Year” designation. Additionally, Hans was recognized in the same edition of The Best Lawyers in America for his work in Personal Injury Litigation and Professional Malpractice Law.

Hans was named a 2021 Top 50 Kentucky Super Lawyer by the prestigious Thomson-Reuters Super Lawyer peer review rating system.

Also in 2020, Hans was nominated and elected by his legal peers to be President of the prestigious American Board of Trial Advocates’ Kentucky Chapter.

Hans’ advocacy and professionalism recently led the U.S News & World Report to recognize The Poppe Law Firm as a 2021 Best Law Firms in Kentucky-First Tier Law Firm.

In addition to being a courtroom trial lawyer, Hans has had five cases go before the Supreme Court of Kentucky.

Contact Hans:

E-mail:  hans@poppelawfirm.com
Phone: 502-895-3400
Website: www.poppelawfirm.com

87 – John Fisher – A Profound Impact

In this episode of the Trial Lawyer Nation podcast, Michael sits down with accomplished author and New York trial attorney, John Fisher. He and Michael discuss everything from developing real core values and living by them to techniques and practices to better connect with jurors.

Michael and John begin the episode by delving into John’s past and how we became the man he is today. After graduating from law school and facing the inevitable question of “what now?” John was approached by a 30-year-old man who told his story of being “horribly brain-damaged in a bus wreck;” an apparently problematic case that lawyers wouldn’t go near. Thus began John’s interest in personal injury law.

This case would go on to trial, settle for an admittedly “not good amount” after a week of trial, but would serve an even grander purpose of selling John on pursuing this path.

“This is what I wanted to do with the rest of my life, which was not personal injury law; it was serving the most severely disabled people and having a profound impact in their lives.” – John Fisher

After discussing another of John’s previous cases, his criteria for accepting cases, and why he loves having a small caseload (28 active files at the time of recording), Michael asks John how he’s able to sustain his business model with only big damage cases. John responds by saying that they don’t just turn away small or moderate cases, they just don’t handle them; opting instead to refer them out to other attorneys and split the fees. John prefers it this way so that the smaller cases don’t take away from the catastrophic injury cases, which require much more time and attention. That being said, there are some exceptions to this rule.

John goes on to explain that, keeping in line with the mission and core values of his firm, he does accept smaller cases on occasion simply because “it’s the right thing to do.” He believes that practicing law goes beyond compensation for injuries (calling that a “small part of what we do”) and is about improving the quality of care for others in the future.

“I got money for people, but is that what the practice of law is really about?” – John Fisher

Following Michael and John’s agreement that it’s much more powerful to affect changes than to focus solely on the money, Michael follows up on the core values of John’s firm and asks him to elaborate on them. John outlines his firms core values as follows:

  • We only represent the injuries of people who’ve been catastrophically injured
  • We’re brutally honest with our clients
  • We do not accept cases that have questionable merit
  • We will NEVER agree to a confidential settlement

After sharing his own firm’s core values, Michael admires John’s concrete goals in regards to the dates he sets to have a certain number of referral attorneys. When asked where he got the idea for that, John eagerly reorients his camera to show the large gong situated in his office. After explaining the ritual of ringing the gong when his firm attains a new referral attorney, he begins to talk about the “epiphany” he had as a young lawyer.

“My clients [are] not injury victims. My clients are attorneys who can send us a steady stream of cases.” – John Fisher

Michael then redirects the conversation back to John’s core values, explaining that they fascinate him and asking how John came up with them. “There’s a critical difference between aspirational values, meaning what we think we should be doing, and real values which is what are you currently doing.” John explains this premise further by talking about the aspirational values his firm adopted (such as “we treat our clients like family”) and how those were changed completely with his new philosophy.

After further elaborating on his core values and the importance of your team embodying your firm’s values, John goes on to explain the importance of mastering the business of law; a subject that led to the creation of his both of his books: The Power of a System and The Law Firm of Your Dreams. (Note: While both books are available on Amazon, John asks that you message or call him personally, and he will send you a signed copy of either or both books! You can email him at jfisherlawyer@gmail.com or call his cell at 518-265-9131.)

“When you give away everything you that know… it comes back to you in spades.” – John Fisher

Following a brief discussion on the importance of absorbing knowledge from “masterminds,” Michael shifts the conversation to an equally important element for success: mindset. Similar to several topics discussed in Ep 86, John highlights the process of changing your mindset (or “Challenging your Paradigm,” as Joe Fried would put it) when it comes to the cases you accept, why you feel that you should accept them and how that may be wrong.

The conversation topic then shifts from Michael and John sharing their methods for dealing with and moving on from a loss, settlements and moving cases to trial, how they prepare for a trial in the weeks before, the importance of collaborating with fellow attorneys, and John’s MasterMind Experience.

“When you stand up in front of the jury for the first time, what is the most important thing you can do? Screw your notes, throw [them] in the garbage can and bond with the jury.” – John Fisher

John concludes the episode in spectacular fashion by not only giving his contact information, but also giving our listeners access to all of his firm’s policies and procedures via Fisherpedia.com!

Login credentials for Fisherpedia.com coming soon! (please check back for updates)

If you’d like to contact John Fisher you can email him at jfisherlawyer@gmail.com or call his cell at 518-265-9131.

 

Guest Bio

John Fisher is the owner and founder of John H. Fisher, P.C., where he limits his practice to catastrophic injury law for injury victims in New York State.  Over the last 20 years, John’s practice has been limited to the representation of catastrophically injured persons.

John has been cited as a legal expert on numerous occasions by TRIAL magazine of the American Association for Justice and the New York Law Journal, and he speaks frequently for the New York State Bar Association, The National Trial Lawyers, PILMMA, Great Legal Marketing, and county and regional bar associations concerning law practice management, internet marketing for lawyers, referral-based marketing and trial skills.

 

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