Personal Injury & Negligence

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Medical Records, Experts, and AI in Medical Malpractice Litigation: A Practical Guide

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Live Online
6 hours
Arnice Foster
Cynthia Russo
Judy Foltz, R.N.
Paul Friedman
Mark Kardos
Susan Haibeck
Jack Gordon
Bradley Honnold
With Arnice Foster from The Foster Firm, LLC + 7 others

Tue, Dec 15, 00:00 AM – 00:00 PM

Product ID 102779

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Course Includes
$429

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OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

Stop Missing the Medicine That Wins or Loses Med Mal Cases

Medical malpractice cases are won or lost on the medicine. If you can't quickly identify the critical facts buried in thousands of pages of records, recognize departures from the standard of care, or develop expert testimony that withstands Daubert and cross-examination, even a strong legal theory can fall apart. This practical program shows you how to review medical records with purpose, select and prepare the right medical experts, build persuasive causation opinions, and use AI responsibly to streamline your work while protecting PHI and privilege. Whether you represent plaintiffs or healthcare providers, you'll leave with practical tools you can use in your next malpractice case. Register today!

  • Identify the records that matter most when evaluating breaches of the standard of care.
  • Build medical chronologies and case timelines that expose negligence and causation.
  • Select, vet, and prepare medical experts who can withstand Daubert/Frye challenges and aggressive cross-examination.
  • Use AI to review records, comb expert materials, and prepare depositions while protecting PHI and privilege.
  • Anticipate and rebut common medical defenses involving causation, preexisting conditions, and alternative explanations.
  • Conduct stronger expert depositions using medical literature, records, and strategic questioning.
  • Navigate the ethical rules as they relate to experts and medical records.

*Mention of specific products or providers is informational only and does not constitute NBI endorsement. This program is not sponsored by any technology or electronics provider.

Abbreviated Agenda

  1. How to Read and Understand Medical Records (With Cheat Sheets and Checklists)
  2. Electronic Health Records (EHRs): What the Chart Doesn't Tell You
  3. Medical Red Flags in Common Malpractice Cases
  4. Selecting and Working With Medical Experts: Things I Wish I Learned Sooner
  5. Using AI to Work Smarter With Medical Records and Experts
  6. Developing Standard-of-Care and Causation Opinions That Survive Daubert/Frye
  7. Proving (or Defending) Standard of Care, Causation, and Damages
  8. Medical Expert Depositions and Cross-Examination (With Sample Questions)
  9. Ethics When Working With Medical Experts and Records

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Product ID 102779

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Upon Request 7 Total
Kentucky CLE Upon Request 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. How to Read and Understand Medical Records (With Cheat Sheets and Checklists)

    1. Getting a Complete Set of Medical Records
    2. Terminology You Should Know
    3. Medical Record Review Checklist: What to Look for
    4. Medical Chronology Templates That Save Time
    5. Must-Know Medical Research and Online Resources (With Links)
  2. Electronic Health Records (EHRs): What the Chart Doesn't Tell You

    1. What's Missing From the Printed Medical Record
    2. Requesting EHR Data From Healthcare Providers
    3. Audit Trails, Metadata, and Time Stamps
    4. Detecting Altered, Backdated, or Copied Documentation
    5. Copy-and-Paste Documentation, Templates, and Other EHR Red Flags
    6. Using EHR Evidence in Depositions and at Trial
    7. Authenticating and Admitting EHRs
  3. Medical Red Flags in Common Malpractice Cases

    1. Delayed Diagnosis and Misdiagnosis: What the Records Reveal
    2. Surgical Errors and Post-Operative Complications
    3. Medication Errors and Adverse Drug Events
    4. Birth Injuries and Obstetrical Emergencies
    5. Sepsis, Stroke, and Other Time-Sensitive Medical Emergencies
  4. Selecting and Working With Medical Experts: Things I Wish I Learned Sooner

    1. Treating Physicians vs. Retained Experts
    2. Standard of Care vs. Causation Experts
    3. Credentials: When They Matter
    4. When Multiple Medical Specialties Are Needed
    5. Vetting Experts: Checklists and Red Flags
    6. What Experts Need From You
    7. Common Misunderstandings to Avoid
  5. Using AI to Work Smarter With Medical Records and Experts

    1. Protecting PHI When Using AI and Litigation Technology
    2. Using AI to Organize, Review, and Summarize Medical Records
    3. Reviewing Expert Reports and Medical Literature More Efficiently
    4. Preparing Better Questions for Medical Experts
    5. Drafting Deposition Outlines and Trial Materials
    6. Discoverability of AI-Assisted Work
  6. Developing Standard-of-Care and Causation Opinions That Survive Daubert/Frye

    1. Keys to Effective Expert Reports
    2. Preparing Experts for Depositions or Trial
    3. Expert Voir Dire and Direct Examination
  7. Proving (or Defending) Standard of Care, Causation, and Damages

    1. Causation: Connecting the Injury to the Event
    2. Differential Diagnosis and Differential Etiology
    3. Loss of Chance and Delayed Diagnosis
    4. Informed Consent Causation Issues
    5. Proving Aggravation/Exacerbation of Preexisting Conditions
    6. Future Medical Treatment and Life Care Planning
    7. Permanent Impairment Ratings
    8. Pain, Functional Loss, and Disability
    9. Common Defense Medical Arguments
  8. Medical Expert Depositions and Cross-Examination (With Sample Questions)

    1. Eliciting Favorable Admissions
    2. Breaking Down Complex Medical Opinions One Question at a Time
    3. Exposing Weak Opinions, Bias, and Overreach
    4. Turning Medical Records and Literature Into Powerful Impeachment Tools
    5. Sample Deposition and Cross-Examination Questions for Delayed Diagnosis, Surgical Error, Medication Error, and Birth Injury Cases
  9. Ethics When Working With Medical Experts and Records

    1. Fee Structures and Retainers
    2. Attorney-Expert Privilege and Work Product Issues
    3. Ethical Communication With Expert Witnesses
    4. Avoiding Improper Influence While Preparing Testimony
    5. Protecting PHI and Client Confidentiality

Who Should Attend

This program is designed for attorneys handling medical malpractice cases, including plaintiff and defense counsel. It will also benefit personal injury attorneys who litigate medically complex injury claims, healthcare defense attorneys, paralegals, and legal nurse consultants.

Speakers

Arnice Foster
Arnice
Foster
The Foster Firm, LLC
Cynthia Russo
Cynthia
Russo
Clear Choice Medical Legal Consulting
Judy Foltz, R.N.
Judy
Foltz, R.N.
Foltz Solution Connections LLC
Paul D Friedman
Paul D.
Friedman
Brown, Crowell & Friedman, PLLC d/b/a Accident Law Group
Mark S Kardos
Mark S.
Kardos
Law Offices of Kardos & Goch
Susan V Haibeck
Susan V.
Haibeck
Haibeck and Associates Legal Nurse Consulting
Jack Gordon
Jack
Gordon
Maney|Gordon Trial Lawyers
Bradley D Honnold
Bradley D.
Honnold
Goza & Honnold, LLC
Speaker bio
Arnice Foster

Arnice Foster

The Foster Firm, LLC
Arnice Foster

is a founding partner and attorney at The Foster Firm, LLC located near Atlanta in College Park. She focuses on personal injury cases, including car and truck accidents, slip and falls, and wrongful death claims. Ms. Foster earned her J.D. degree from the University of Tennessee, Knoxville. She is admitted to practice law in Georgia.

Speaker bio
Cynthia Russo

Cynthia Russo

Clear Choice Medical Legal Consulting
Cynthia Russo

is a highly accomplished and renowned legal nurse consultant with over 30 years of experience as a Certified Registered Nurse Anesthetist (CRNA). As the founder and CEO of Clear Choice Medical Legal Consulting, she has revolutionized the way attorneys' approach medical record analysis and understanding complex medical concepts for their cases. Ms. Russo embarked on her legal nurse consulting journey when she was approached to assist in a large and intricate multiple plaintiff anesthesia case. It was during this challenging project that her passion for legal nurse consulting was ignited. At Clear Choice Medical Legal Consulting, Ms. Russo and her team offer comprehensive assistance to attorneys nationwide, ensuring they gain a thorough and in-depth understanding of the medical aspects of their cases. By meticulously reviewing medical records and deciphering complex medical principles, she empowers her attorney clients to make well-informed decisions and present compelling arguments in the courtroom. As an advanced practice CRNA with a profound understanding of anesthesia and critical care medicine, she brings unparalleled expertise to the legal landscape. Ms. Russo's experience as a clinical and didactic instructor in anesthesia for two university-based nurse anesthesia programs, University of Scranton Nurse Anesthesia Program and Cedar Crest College Nurse Anesthesia Program, further strengthens her ability to analyze intricate cases and provide insightful guidance to attorneys. Driven by a commitment to continuous learning, she obtained an Executive Juris Doctorate law degree from Concord Law School, as well as a Certificate in Paralegal Studies from Boston University; demonstrating her dedication to understanding the unique needs of her attorney clients in litigating complex medical malpractice and personal injury cases. This remarkable combination of medical and legal knowledge sets her apart in the field of legal nurse consulting. One of the most significant highlights of her career was a recent case where her merit report for a medical malpractice case impressed a plaintiff attorney so profoundly that he requested to utilize the report as-is for submission to the state's medical review panel. The review panel, after reviewing the merit report, unanimously agreed on the presence of malpractice, leading to a favorable judgment in favor of the plaintiff attorney's client. This exceptional outcome showcases her ability to make a significant impact on legal proceedings through her expert medical analysis. Beyond her professional achievements, she is also dedicated to giving back to the community. Ms. Russo actively supports charitable causes related to healthcare and endeavors to promote the welfare of those in need. She has actively served her community in the role of council member for her local town. As a visionary leader in the legal nurse consulting arena, Ms. Russo envisions further expansion of her consulting practice and plans to continue empowering attorneys with her unparalleled medical expertise. Her unwavering commitment to excellence, her passion for both medicine and law, and her remarkable success in assisting attorneys in complex cases have rightfully earned her a spot among the most respected figures in the legal and medical fields. Ms. Russo's journey from being a certified registered nurse anesthetist to becoming a trailblazing legal nurse consultant exemplifies the power of combining passion, knowledge, and innovation to make a lasting impact in the world of law and healthcare. With a bright future ahead, she remains an inspiration to aspiring legal professionals and medical experts alike.

Speaker bio
Judy Foltz, R.N.

Judy Foltz, R.N.

Foltz Solution Connections LLC
Judy Foltz, R.N.

is a distinguished healthcare professional with 46 years of experience, characterized by her unwavering dedication to patient care, clinical research, and professional mentorship. She began her nursing career in the Coronary Care Unit at Wishard Memorial Hospital in Indianapolis, Indiana, where she served for nine years, including a role as night shift manager. Ms. Foltz's tenure there solidified her skills in acute patient care and leadership. Her career evolved when she transitioned to the Krannert Institute of Cardiology as a clinical research nurse coordinator, a position she held for an impressive 34 years. Throughout her time at Krannert, Ms. Foltz coordinated over 100 clinical trials, ranging from FDA-regulated studies to investigator-initiated research. Her expertise led her to train countless other coordinators, and her knowledge contributed to the success of pivotal cardiovascular studies. Ms. Foltz was also honored to present an abstract at the American Society of Echocardiography's annual conference and spoke at an international conference in the Czech Republic about research in the coronary catheterization lab. Her ability to lead was further recognized when she took on the role of interim clinical research manager for several years. Beyond her professional accomplishments, she has devoted herself to various volunteer efforts. Ms. Foltz serves as a member of the Indiana University Institutional Review Board, ensuring the ethical conduct of research, and has contributed her expertise to the American Heart Association and the Fellowship of Associates of Medical Evangelism (FAME). She also served her community at the Indiana University Medical Center by administering flu and COVID-19 vaccinations during the pandemic. In recent years, Ms. Foltz has launched her own legal nurse consulting business, Foltz Solution Connections LLC. Leveraging her vast clinical expertise, she now works with attorneys to help them navigate the complexities of medical cases by providing services such as analyzing audit trails, scrutinizing medical records, attending Independent Medical Examinations (IMEs), and developing case chronologies and timelines. Family and faith are the pillars of her life. Ms. Foltz and her husband have three married children and four beloved grandchildren. She enjoys spending time with her family and volunteers as a keyboardist at Greenwood Christian Church. In her free time, Ms. Foltz loves quilting, crocheting, and baking, finding joy in creating and giving back. She embodies the spirit of nursing as a calling, not merely a profession. Ms. Foltz's career is a testament to her belief in compassionate care, her drive to support and mentor others, and her commitment to making a positive impact in the healthcare industry

Speaker bio
Paul D Friedman

Paul D. Friedman

Brown, Crowell & Friedman, PLLC d/b/a Accident Law Group
Paul Friedman

is head of the litigation department and owner of Brown, Crowell & Friedman, PLLC, PLLC d/b/a Accident Law Group™. He practices in the areas of professional malpractice, significant personal injury, wrongful death and ethics matters. Dr. Friedman is Board-Certified by the National Board of Legal Specialty Certification in Civil Pretrial Practice Advocacy and Civil Trial Advocacy (NBLSC/NBOTA). He has been Certified in Injury and Wrongful Death Litigation by the State Bar of Arizona since 1997. Dr. Friedman is an Associate with the American Board of Trial Advocates (ABOTA) and is a Medical Malpractice Diplomate with the American Board of Professional Liability Attorneys (ABPLA). He is a Diplomate of the American Board of Forensic Examiners®, where he developed the curriculum for the Certified Forensic Consulting® Certification Course and authored the "Certified Forensic Consultant Body of Knowledge" by CRC Press. Dr. Friedman earned his bachelor's degree from the University of Arizona, his J.D. degree from California Western School of Law, his master's degree in bioethics from Midwestern University/Arizona College of Osteopathic Medicine and his doctorate from LaCrosse University. He was an Adjunct Professor of medical and research ethics at Midwestern University and the Arizona College of Osteopathic Medicine for a decade, where he instructed health care providers and students in the medical field. Dr. Friedman also served as an Adjunct Professor with the Sandra Day O'Connor School of Law at Arizona State University. His leadership, memberships and honors include the following Judge Pro Tempore for the Maricopa County Superior Court from 2005-2023, Attorney Board Member of the Arizona Supreme Court Board of Legal Document Preparers since 2007, initial Board Member and Vice-Chairperson of the Arizona Supreme Court Board of Non-Lawyer Professionals, Attorney Member of the Arizona Supreme Court Attorney Disciplinary Pane with service as the Acting Presiding Judge for conflict motions, Member of the Arizona Supreme Court Commission on Judicial Performance Review since 2012, and the State Bar of Arizona Fee Arbitration Committee since 2012. Dr. Friedman is admitted to practice in Arizona, Colorado, and District of Columbia, the Federal Bar, U.S. District Court of Arizona, U.S. Court of Appeals for the Ninth Circuit and U.S. Supreme Court.

Speaker bio
Mark S Kardos

Mark S. Kardos

Law Offices of Kardos & Goch
Mark Kardos

is the principal in the Law Offices of Kardos & Goch, where he has litigated personal injury cases in Philadelphia for more than 42 years, with several verdicts published in the Pennsylvania Jury Reporter and The Verdict, a publication of the Philadelphia Trial Lawyers Association. He also serves as a Judge Pro Tem for the Philadelphia Common Pleas Court. Mr. Kardos earned his B.S. degree from Millersville University and his J.D. degree from the University of Baltimore Law School.

Speaker bio
Susan V Haibeck

Susan V. Haibeck

Haibeck and Associates Legal Nurse Consulting
Susan Haibeck

is a highly experienced registered nurse, specializing in oncology at Haibeck and Associates Legal Nurse Consulting with over thirty years of expertise in the field. With a passion for patient advocacy and a drive for justice, she has become a trusted resource for attorneys nationwide seeking assistance in medically related cases, particularly in personal injury and medical malpractice. Throughout her career, Ms. Haibeck has honed their skills and knowledge in oncology nursing, dedicating herself to providing exceptional care to cancer patients. Her extensive experience in the field has made her an invaluable asset in understanding the intricacies of cancer treatment, diagnosis, and the potential pitfalls that can occur in medical settings. In recognition of her expertise, Ms. Haibeck authored the groundbreaking book, Cancer Care Malpractice for Attorneys, which was published in 2022. This comprehensive resource serves as a guide for attorneys handling malpractice cases involving cancer care, specifically focusing on topics such as failure to diagnose cancer and errors in chemotherapy administration. Known for her meticulous attention to detail and dedication to patient safety, she brings a unique perspective to the legal field and assists attorneys in building strong cases by providing in-depth analysis, expert opinions, and a deep understanding of the medical complexities involved in cancer-related malpractice claims. Ms. Haibeck holds a master's degree in adult oncology nursing from Northern Illinois University. Beyond her professional endeavors, she is deeply dedicated to supporting cancer patients and their families, both inside and outside the courtroom. With an unwavering commitment to excellence, Ms. Haibeck continues to make a significant impact in the legal and medical communities, bridging the gap between healthcare and the law to seek justice for those affected by medical malpractice in cancer care.

Speaker bio
Jack Gordon

Jack Gordon

Maney|Gordon Trial Lawyers
Jack Gordon

of Maney|Gordon Trial Lawyers, is a highly skilled trial attorney. Four times board-certified in civil trial law by The Florida Bar, he is also certified by the National Board of Trial Advocacy as an expert in both civil trial law and civil pretrial litigation. Mr. Gordon is also nationally board certified in medical malpractice. He was elected to membership in the American Board of Trial Advocates (ABOTA). Mr. Gordon earned his B.A. degree from Tulane University and his J.D. degree from Tulane University Law School.

Speaker bio
Bradley D Honnold

Bradley D. Honnold

Goza & Honnold, LLC
Bradley Honnold

is the founding partner with the Leawood law firm of Goza & Honnold, LLC with more than 30 years of experience trying lawsuits and managing high stake litigation throughout the country. After graduating and before starting his own law firm, he was a partner at a large nationally known firm. Mr. Honnold was a defense attorney from 1989 to 2004, representing hospitals, pharmaceutical manufacturers, and physicians in product liability and medical negligence litigation. In 2005, he made the switch to representing plaintiffs. Mr. Honnold, along with his friend and law partner Kirk Goza, started Goza & Honnold, LLC. After working as a defense lawyer, he wanted to use his expertise to represent clients who had experienced an injury caused by medical malpractice. Because of his experience as a defense lawyer, Mr. Honnold brings a different perspective to cases, and he felt a calling to do something different, something that would help people in their time of need. As a partner of Goza & Honnold, LLC, he focuses on medical negligence, pharmaceutical and prescription drugs, medical devices, and general personal injury cases. Since partnering and working on national litigations, the firm has represented thousands of clients, including Vioxx, Bextra/Celebrex, Fleets Phospho Soda, Trans Vaginal Mesh, DePuy ASR, Zimmer Durom, Pradaxa, Fosamax, Actos, and Power Morcellator. Mr. Honnold's most recent notable cases include JUUL Labs, Inc., MDL No. 2913 (appointed by Hon. William Orrick, III, District Court Judge, Northern District of California, to serve on Plaintiffs' Steering Committee, In Re JUUL Products Liability Litigation), Proton-Pump Inhibitor, MDL No. 2789 (co-chair of the Discovery Committee and is on the Plaintiff's Steering Committee), and 3M Products Liability Litigation, MDL No. 2885 (appointed by the Hon. M. Casey Rodgers, District Court Judge, Northern District of Florida, to serve on Plaintiffs' Steering Committee, 3M Combat Arms Ear Plug Litigation, MDL #2885). His recent verdict and settlement includes $775 million settlement against Xarelto. Mr. Honnold has been named "Lawyer of the Year" by Best Lawyers for Medical Malpractice Law - Plaintiffs, Kansas City-KS (2018 and 2020). He has been recognized in The Best Lawyers in America for work in Medical Malpractice Law - Plaintiffs and Personal Injury Litigation - Plaintiffs. Mr. Honnold earned his B.B.A. degree, with distinction, from the University of Iowa and his J.D. degree, with distinction, from the University of Iowa College of Law. He is a member of the Kansas City Metropolitan Bar Association, Phi Eta Sigma National Honor Society, University of Iowa Beta Gamma Sigma Business Honor Society, Order of Omega (Greek Honor Society) and the Delta Tau Delta Social Fraternity. He is also a member of the plaintiff's steering committee in the federal multidistrict litigations (MDL) for Xarelto, Proton Pump Inhibitor (PPI), JUUL Inc., and 3M Military Ear Plugs, as well as a co-chair of the discovery committee for the PPI and JUUL MDLs. As a frequent speaker addressing medical malpractice, trial practice, and product liability, Mr. Honnold is dedicated to teaching how to get the best possible outcome. He is admitted to practice in Kansas, Missouri, U.S. District Court, District of Kansas, U.S. District Court, Western District of Missouri and The Missouri Association of Trial Lawyers.

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