MedMal

95 – Jody C. Moore – A Righteous Claim: Fighting Elder Abuse

In this episode of the Trial Lawyer Nation podcast, Michael sits down with attorney Jody C. Moore out of Southern California. Jody is an established trial lawyer specializing in elder abuse who, together with Susan Kang Gordon and Jennifer Fiore, recently won a $13,500,000 jury verdict on a 10-plaintiff case, in a 4 ½ month-long, 100% Zoom trial!

Michael and Jody kick off the episode with a look at what elder abuse is and how Jody got started in the field. Jody shares that elder abuse cases primarily look at neglect and why it happened. It usually boils down to a corporate systemic neglect case.

Jody started her career in med mal defense, then quickly shifted to nursing home defense. During this time, Jody’s grandma went to live in a nursing home, where she was neglected. This truly powerful story concludes with Jody inheriting $500 from her grandma and using it to start her firm, where she’s been doing plaintiffs elder abuse cases ever since.

“If this is happening to her, what’s happening to the people who don’t have advocates?” – Jody Moore

When Michael asks how Jody built the skills needed to get a good verdict, Jody credits putting in the technical work but says she relied heavily on her instincts early on. She wavered from this after seeing her first success and started to read every book and follow everyone else’s methods, but found the results to be lacking. Recently, she has circled back to being herself and trusting her gut in the courtroom, which is where she has found the most success.

“At the end of the day, you have to be yourself.” – Michael Cowen

Michael then digs into the details of Jody’s case. Jody explains how 10 residents were neglected in an Alameda County nursing facility. The ways they were neglected ranged from wound management to dehydration and malnourishment, to an excessive number of falls- citing a gentleman who fell 42 times throughout his stay. Jody also highlights the complicated nature of California’s Elder Abuse Act, which only allows blame for elder abuse cases to be placed on the company or individual who is in “custody” of the resident. So, the trial team was tasked with proving the parent company’s control and responsibility.

After an intriguing look into the complexity of California’s Elder Abuse Act and recovery caps, Jody shares more on how the case was tried. The trial was 100% over Zoom and took 4 ½ months, but only occurred 4 days a week from 9:00 AM until 1:30 PM. This served to keep the jurors from having Zoom fatigue and helped the court stretch its limited resources.

The trial was broken into multiple phases, starting with the “care of custody” issue where the trial team presented evidence on corporate control. While every witness on the stand claimed they were simply a “consultant,” this defense quickly fell apart when it became clear the consultants were controlling everything. By the time the trial got to punitive damages, this story arc was very helpful to the case.

Michael then asks what the company did wrong to harm so many residents, and Jody shares the primary theory is understaffing. This facility was operating below the state-mandated minimum number of staff 1/3 of days in the past 3 years- something that sticks out compared to most other facilities. Michael commends this approach because it makes more sense to say the company didn’t have enough people there than to say the employees just don’t care. Throughout the episode, Jody commends the work of the attorneys who brought her in on the case just months before trial, who did an excellent job of working up the case before her involvement.

Jody and Michael shift the conversation to what an appropriate docket size is for an elder abuse attorney, which Jody insists is a very different answer depending on who you ask. She commends her partners and attorneys for the work they did while she was in trial for so long, keeping the rest of their cases moving.

After a brief conversation about structuring your practice to accommodate your life, Jody and Michael both credit the mindset work they’ve done with Sari de la Motte, a trial consultant, and 2-time podcast guest. By focusing on how they show up, rather than external factors out of their control, they’ve both been able to get to a better place where they can focus on advocating.

“It feels like there’s so much on the line… but what’s really on the line is how I show up.” – Jody Moore

Michael then shifts the conversation back to the trial by asking how Jody and the trial team told the damages story. While this is a difficult task in an elder abuse case, Jody credited her co-counsel Susan Kang Gordon who presented compelling evidence of what a relationship means. In a creative and impactful fashion, Jody was inspired to write a poem (“Love is” by Jody C. Moore) during the trial that she read to the jury during her closing statement.

“If you can convey the loss with love, then the jury does the rest of the work.” – Jody Moore

Next, they move on to cover the punitive phase of the case, where the trial team was tasked with finding the financial information to present to the jury. Again, her co-counsel Jen Fiore was instrumental in making sense of the company’s finances under tremendous time constraints. This story of a rapid turnaround time to analyze information and some restrictions on what could be discussed resulted in an impressive verdict from the jury – $8.9 million in punitive damages alone!

Lastly, Michael asks Jody a question she now has more credibility to answer than almost anyone – what was her general impression of the Zoom trial format? Shockingly, Jody replies that for this case, it was the perfect fit, citing the length and complexity of the trial, as well as the benefits to her and the team. They were able to use great technology to present a compelling story and noted that jurors were very forgiving of the inevitable technical difficulties.

The pair ends the episode on Jody’s top tips for anybody trying a case on Zoom:

  • DON’T do it alone.
  • Invest in good technology, including an exhibit management program.
  • Master the technology.
  • Practice being “in this little box,” focusing on your breathing, use of hands, and effective pausing.

This podcast episode also covers building a practice as a young lawyer, how the trial team was able to keep the case as one instead of separating them, structuring your practice so you can do what you love, the power of hearing a story for the first time during the trial, why the jurors were so impressive and much more.

Guest Bio:

Founding Partner Jody C. Moore primarily litigates cases involving claims of elder abuse and neglect in a nursing home or residential care facility setting, wrongful death, medical malpractice and other catastrophic personal injury cases.

Ms. Moore is dedicated to improving community safety through legal advocacy. Ms. Moore is an accomplished lecturer on the topic of Long Term Care litigation to lawyer groups across the United States.

Ms. Moore lives in Thousand Oaks with her husband Mike and her two sons, Joshua and Zachary.

If you would like to contact Jody C. Moore you can reach her via email at jody@johnson-moore.com or by phone at (805) 988-3661.

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

Scroll to top Secured By miniOrange