There is Safety in Focus Groups (For Lawyers)
NO CLE CREDIT
What Happens in a Juror's Eyes When Those in the Public Eye Suffer Unrequited Love
Ken Sales defended a radio personality who aired his relationship with a TV
personality and was sued for defamation. Recognizing him to be the object
of some public scorn, three mock juries and a summary trial presentation
were used to discover how this would affect jurors.
There is Safety in Focus Groups
This Focus Group presentation concerned a crash at an intersection between
a deputy sheriff and an executive of a car dealership. The executive, who
was intoxicated, pulled across the deputy's line of traffic. The defense
reconstructionist placed the deputy?s speed in excess of 70 miles per hour in a
45 mph zone and the deputy was not on a run.
Use of Focus Group in Medical Device Litigation (Ethics)
The 46-year-old plaintiff suffered severe and permanent brain injury
when her insulin pump delivered an entire cartridge of insulin at one time
following a routine battery change. The plaintiff alleged manufacturing
and design defect claims. The defendant countered that the plaintiff failed
to follow instructions by having the device hooked up to her body during a
battery change and prime cycle, causing an over delivery of insulin.
Finding Safety in Jury Research
David Ball and Artemis Malekpour
Three different types of cases with varying injuries are discussed, including
how jury research was conducted and the different methods that were used
to collect information from the jurors. The plaintiffs involved in each case
run the gamut from undesirable to salt of the earth. We'll explore how
jurors react to each type of individual and decide comparative fault in their
deliberations. With these cases, we'll see the effect of storytelling and how
jurors incorporate the information, experiences, attitudes and biases they
bring with them into their decision-making.
Focus Groups in Medical Negligence Cases
The presentation will focus on medical negligence cases, including failure to
diagnose, surgical negligence, failures in communication, and brain damaged
baby cases, with examples from actual cases. Various formats for focus group
presentations are explored, i.e., narrative presentations, abbreviated mock
trials from voir dire through closing and others.
Who Will the Jury Blame and Can You Change That?
This case involved a female teenage athlete who underwent routine
arthroscopic shoulder surgery. The surgeon used a ?pain pump? to infuse
local anesthetic into the surgical site for 48 hours post-operatively to control
her pain. In less than a year, the patient had unbearable pain and complete
loss of range of motion necessitating a total joint replacement surgery. A
focus group determined where the jury would place the blame among the
patient, doctor, pump manufacturer and the anesthetic manufacturer.