Episodes

  • Two Young Lawyers, One Career-Making Verdict: $856,000 for Stroke Victim

    Two Young Lawyers, One Career-Making Verdict: $856,000 for Stroke Victim
    Apr 9 2025
    When a 64-year-old man with classic stroke symptoms was misdiagnosed with Bell's Palsy, his care was delayed by 19 critical hours. Host Brendan Lupetin interviews classmates-turned-colleagues Ben Cohen and Carmen Nocera about their $856,000 medical malpractice verdict in Washington County, PA. The young attorneys reveal how they exposed contradictions in the defense's position, leveraged a damning phone call recording, and maintained credibility with the jury through a grueling two-week trial against experienced defense lawyers.Learn More and Connect☑️ Ben Cohen | LinkedIn☑️ Carmen Nocera | LinkedIn☑️ Harry S. Cohen & Associates on LinkedIn | Facebook | YouTube☑️ Brendan Lupetin | LinkedIn☑️ Lupetin & Unatin, LLC☑️ Connect: Facebook | LinkedIn | YouTube☑️ Subscribe: Apple Podcasts | Spotify | YouTubeEpisode PreviewThe case involved Steve Burrows, a 64-year-old active outdoorsman who experienced sudden onset of numerous stroke symptoms but was misdiagnosed with Bell's Palsy.Despite the medical maxim "time is brain," treatment for stroke was delayed 19 hours, resulting in permanent neurological deficits including a vocal cord paralysis that made eating and drinking extremely difficult.A critical phone consultation between the ER doctor and a neurologist, initiated only because the patient's friend insisted, revealed that the doctor presented incomplete information and was committed to the Bell's Palsy diagnosis.The defense tried to argue that stroke symptoms began the day before, putting the patient outside the treatment window, but records showed those minor symptoms had completely resolved.The attorneys explain how Washington County's generous voir dire process, including comprehensive questionnaires provided weeks in advance, helped them identify jurors comfortable making decisions between competing expert...
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    1 hr and 3 mins
  • Trial Nugget: Power Reading

    Trial Nugget: Power Reading
    Apr 3 2025

    In this trial nugget, Brendan Lupetin challenges the notion that trial lawyers must deliver openings and closings completely from memory. Drawing inspiration from James Humes' book "Speak Like Churchill, Stand Like Lincoln," Brendan introduces the "power reading" technique used by communicators from Ronald Reagan to Rick Friedman. This approach combines written precision with conversational delivery through two key principles: "memorize, then conversationalize" and the "see, stop, say" method. Brendan shares how he successfully implemented these techniques in his recent trial victory, offering a practical alternative for attorneys who want to sound natural while maintaining complete control over their message.

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    10 mins
  • The “Only Doctor in Town” Defense? We Cracked the Code

    The “Only Doctor in Town” Defense? We Cracked the Code
    Mar 23 2025

    "It's a stroke of the leg, ladies and gentlemen." When critical limb ischemia struck their client Kirt, every minute counted—yet the county's only vascular surgeon remained at a wound care center despite multiple emergency calls. In this breakdown of their recent $2.2 million verdict, host Brendan Lupetin, partner Greg Unatin, and associate Garrett Trettel reveal how they overcame challenges including COVID-related defenses, contradictory timeline claims, and the fear of alienating the only specialist serving their rural community.

    Learn More and Connect

    ☑️ Greg Unatin | LinkedIn

    ☑️ Garrett Trettel | LinkedIn

    ☑️ Brendan Lupetin | LinkedIn

    ☑️ Lupetin & Unatin, LLC

    ☑️ Connect: Facebook | LinkedIn | YouTube

    ☑️ Subscribe: Apple Podcasts | Spotify | YouTube

    Episode Preview
    • The case involved Kirt, who experienced acute pain in his leg and was diagnosed with critical limb ischemia, but experienced significant delays in treatment leading to an amputation.
    • The defendant, Dr. Lynch, was the only vascular surgeon in the county, creating unique challenges for the legal team in persuading local jurors.
    • Despite multiple calls from the emergency department about Kirt’s critical condition, Dr. Lynch remained at a wound care center and significantly delayed seeing the patient.
    • A key defense strategy involved using an audit trail to suggest Dr. Lynch arrived at the hospital earlier than medical records indicated, forcing the team to adapt their approach.
    • The lawyers explain how they effectively used the "increased risk of harm" causation standard to overcome challenging timeline issues in the case.
    • The team discusses their decision not to call certain witnesses, such as the PA and emergency physician, relying instead on medical records as the strongest evidence.
    • The verdict of $2.2 million came after a five-hour jury deliberation with a 10-2 decision, reflecting the challenging but ultimately successful case.

    Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United...
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    1 hr and 15 mins
  • Trial Nugget: Winning the Causation Battle: How to Make 'Increased Risk of Harm' Work for You

    Trial Nugget: Winning the Causation Battle: How to Make 'Increased Risk of Harm' Work for You
    Mar 19 2025

    Brendan Lupetin offers a practical strategy for explaining "increased risk of harm" causation to jurors in medical negligence cases. Using relatable examples like a Steelers game and a house fire, he demonstrates how to transform this challenging legal concept from a technical hurdle into a powerful asset. Brendan emphasizes the importance of introducing this concept in opening statements and reinforcing it during closing arguments to ensure juror comprehension.

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    10 mins
  • Verdict Whisperers: How Alicia and John Campbell Are Winning Big With Data

    Verdict Whisperers: How Alicia and John Campbell Are Winning Big With Data
    Mar 9 2025
    Trial lawyers John and Alicia Campbell join Brendan Lupetin to discuss how data analytics is transforming case evaluation and jury selection. The founders of Campbell Law and co-authors of “Jury Ball: The Big Data Revolution Is Here” explain their pioneering approach of using large sample studies to predict jury behavior, identify case values, and develop winning strategies. With over 900 civil cases analyzed, they share how their methods have helped attorneys secure multimillion-dollar verdicts, avoid costly mistakes, and make informed settlement decisions based on statistical evidence rather than gut instinct.Learn More and Connect☑️ John & Alicia Campbell | LinkedIn - John | LinkedIn - Alicia☑️ Campbell Law | Facebook ☑️ Focus with Fred☑️ “Jury Ball: The Big Data Revolution Is Here” ☑️ Brendan Lupetin | LinkedIn☑️ Lupetin & Unatin, LLC☑️ Connect: Facebook | LinkedIn | YouTube☑️ Subscribe: Apple Podcasts | Spotify | YouTubeEpisode PreviewJohn explains how their prediction model accurately forecasted the outcome of Brendan's medical malpractice case, including the counterintuitive finding that Trump supporters were favorable jurors for med-mal cases during the pandemic.The Campbells have analyzed over 900 civil cases and discovered that traditional assumptions about "good" and "bad" jurors often miss the mark, as cultural and societal factors can significantly impact jury behavior.They discuss the problem of "garbage in, garbage out" in jury research and explain their careful process to ensure that case presentations for both sides are balanced, credible, and authentic.Their "Fred" platform (described as "big data's little brother") offers affordable jury analytics for cases valued under $1 million, while their full big data studies are designed for high-value cases.The most universal insights from 900+ studies: jurors care deeply about the plaintiff and where the money will go; independent...
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    1 hr and 15 mins
  • Trial Nugget: AI in Opening

    Trial Nugget: AI in Opening
    Mar 5 2025

    In this Trial Nugget, host Brendan Lupetin discusses how trial lawyers can leverage AI tools like ChatGPT to simplify complex legal concepts for juries. As one example, he focuses on the "increased risk of harm" causation framework in medical malpractice. What’s a compelling, relatable way to explain that legal standard to a jury? Brendan shares a prompt that he gave to ChatGPT. Tune in to hear the result.

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    7 mins
  • Crack the Jury Code: How a New Tool Is Driving Verdicts and Settlements

    Crack the Jury Code: How a New Tool Is Driving Verdicts and Settlements
    Feb 23 2025
    Host Brendan Lupetin interviews the creators of Predict, a jury research and analytics tool available through Precise Trial. Pete Mansmann is the CEO of Precise Trial and Rich Epstein and Oscar McKnight founded a consulting firm called Scientific Legal Services that uses statistical data to predict the outcome of litigation. As Rich explains, Predict has many applications for lawyers throughout the trial process. The guests break down the science behind Predict, describe how it uses AI and "human-assisted AI,” and outline its different products. Ultimately, they suggest that the real value for lawyers is the case concepts that Predict reveals, rather than win probabilities or award amounts. Learn More and Connect☑️ Pete Mansmann | LinkedIn☑️ Predict on LinkedIn | Facebook | YouTube | Instagram ☑️ Rich Epstein | LinkedIn☑️ Roetzel & Andress on LinkedIn | X ☑️ Oscar McKnight | LinkedIn | Selected Works☑️ Scientific Legal Services ☑️ Brendan Lupetin | LinkedIn☑️ Lupetin & Unatin, LLC☑️ Connect: Facebook | LinkedIn | YouTube☑️ Subscribe: Apple...
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    1 hr and 9 mins
  • Trial Nugget: Perfection is the Enemy of Progress

    Trial Nugget: Perfection is the Enemy of Progress
    Feb 20 2025

    Perfectionism isn’t just unrealistic; it can also be your undoing. In this Trial Nugget, Brendan Lupetin describes the dangers of clinging to illusions of a “perfect” trial. One risk? Missing opportunities at the real one. Tune in as Brendan recaps Chapter 9 of Rick Friedman’s "Becoming a Trial Lawyer" and offers a cure for perfectionism. Spoiler: It’s about preparation.

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    8 mins
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