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Management of High Profile and Catastrophic Claims

Management of High Profile and Catastrophic Claims. Levi G. McCathern, II Paul A. Grinke. Catastrophe Defined. A sudden, disastrous event that draws media attention Multiple plaintiffs with life changing or life ending injuries Emotionally charged, sympathy evoking cases.

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Management of High Profile and Catastrophic Claims

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  1. Management of High Profile and Catastrophic Claims Levi G. McCathern, II Paul A. Grinke

  2. Catastrophe Defined • A sudden, disastrous event that draws media attention • Multiple plaintiffs with life changing or life ending injuries • Emotionally charged, sympathy evoking cases

  3. PRACTICE FACILITY COLLAPSE Sudden wind storm caused Dallas Cowboys’ practice facility to topple during rookie mini-camp in May 2009. Falling debris severed the spinal cord of a team scout, leaving him paralyzed from the waist down, and broke another coach‘s neck. Ten other people were injured.

  4. Take Care of Your People • Be respectful to those harmed • Repair client’s business relationships • Show natural concern and compassion for claimants and their families’ well-being • Take sincere action • Develop and implement policies on post-accident communications with: • an injured claimant • damaged property owners • the decedent's family

  5. ACU BUS CRASH In November 2011, a bus carrying Abilene Christian University students to a Texas children’s home for a weekend of missionary work lost control on a highway Friday and overturned, killing a 19-year-old student and injuring all 15 other people onboard, four of them critically.

  6. Specialized COUNSEL strategy • Versed in applicable law: • Preserve corporate and insurance assets • Focus on client’s interests and public perception • Understand how it will all play out in front of a jury

  7. West, Texas Explosion In April 2013, a fire at West Fertilizer Co. ignited stores of ammonium nitrate that detonated with the force of a small earthquake. Fifteen people died. Hundreds more were injured.

  8. Investigation

  9. HUNTSVILLE Chamber of Commerce

  10. Media Response • First hours after a crisis are critical from a liability management standpoint • Ensure that your client is in the best position to defend its interests • Be respectful to those that have been harmed • Portray your company as a good corporate citizen • Rebuild your client’s image • News coverage may not be nationwide, but still plays a vital role in influencing the community

  11. Listeria Outbreak In 2002, Pilgrim's Pride Corp. recalled 27.4 million pounds of ready-to-eat chicken and turkey products in the largest meat recall in the nation's history after testing found the presence of listeriamonocytogenes. The bacteria causes an estimated 2,500 cases of flu-like illness and 500 deaths annually. In 2011, Jensen Farms grew listeria-contaminated cantaloupe in an outbreak that killed 33 people nationwide and sickened hundreds more

  12. SETTLEMENT STRATEGY

  13. Levi G. McCathern, IIlmccathern@mccathernlaw.comPaul A. Grinkepgrinke@mccathernlaw.com 214.741.2662

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