David P. Hersh, a shareholder at Burg Simpson, delivered a presentation called “Managing and Proving the Complex Brain Injury Case” at the 2019 Colorado Trial Lawyer’s (CTLA) Convention in Breckenridge, Colorado.
The CTLA Convention
The Colorado Trial Lawyers (CTLA) Annual Convention’s CLE program kicked off this year with many “must hear” presentations about various aspects of trial law. On August 9th, Burg Simpson shareholder David P. Hersh explained how brain injury cases are very different from other personal injury cases, and how the legal strategies are different as well.
David Hersh, Trial Lawyer
Mr. Hersh discussed the complexities associated with representing clients who have suffered from severe brain injuries. As a highly skilled trial attorney who has handled numerous traumatic brain injury (TBI) cases, David explained how TBI clients often face a combination of physical, cognitive, and behavioral challenges, and why these cases require the attorney to understand the full range of the client’s medical issues and the ongoing treatments that are required for comprehensive care. Dave explored how lawyers must work with health care professionals to understand the medicine and science associated with the injury so they can educate a jury. He also examined the process of obtaining expert reports from doctors, medical professionals, and brain injury specialists about the effects of the specific injury, and how to prove the extent of the client’s injuries at trial.
Nelson v. the U.S.
Mr. Hersh discussed Nelson v. U.S., a traumatic brain injury case that he litigated for more than a decade, through two trials and two appeals. Mr. James Nelson suffered a severe TBI on the grounds of the U.S. Air Force Academy in Colorado Springs, CO, in September of 2008. This highly complex case took more than a decade to win, but in February of this year, following a second appeal by the United States, a panel of the 10th Circuit Court of Appeals affirmed the $7.3 million judgment entered by Judge Daniel, determining the United States had acted willfully and was therefore responsible for the damages sustained by Mr. Nelson.