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The Eggshell Plaintiff Playbook: Liability, Causation, Negotiation, and Medical Proof

Master the eggshell plaintiff doctrine with strategies for proving causation, selecting medical experts, and maximizing damages for vulnerable clients.

2025-10-03 13:00:00

2.5 hours

Program Details

2025-10-03 13:00:00

Program Details

2025-10-03 13:00:00

Over 1,000+ webinars

2025-10-03 13:00:00

2.5 hours

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Mastering Eggshell Plaintiff Litigation Strategies

2025-10-03 13:00:00

Participants will learn plaintiff and defense strategies for litigating cases involving preexisting conditions under the eggshell plaintiff doctrine. Gain practical tools for evidence preservation, expert selection, and converting apparent vulnerabilities into case strengths.

Format

CLE Credit

2.5h CLE Credits

Level

Intermediate

Length

2.5

Key topics that will be covered

01
Evidence Preservation
Document scenes immediately, preserve vehicles, and photograph all evidence before alteration.
02
Medical Records
Read actual medical records yourself rather than relying solely on paralegal chronologies.
03
Expert Selection
Hire experienced testifying experts who communicate effectively with juries.
04
Defense Tactics
Anticipate extensive medical history discovery and plaintiff mitigation arguments.
05
Preexisting Conditions
Convert apparent weaknesses into strengths by showing conditions amplify damages.
06
Client Preparation
Manage social media, maintain pain diaries, and conduct thorough layered interviews.

Program schedule

clock 1:00 pm - 1:45 pm EST

Litigating the Eggshell Plaintiff Rule Fundamentals

This session establishes the foundational principle that defendants must take plaintiffs as they find them, regardless of preexisting conditions. Attorneys will learn practical plaintiff strategies including evidence preservation, social media management, pain diary protocols, and how to demonstrate that defendant negligence worsened preexisting conditions through expert testimony.

Edward SusolikEdward Susolik
Frank F. DailyFrank F. Daily
Sayed Emal Wahezi, MDSayed Emal Wahezi, MD
clock 1:55 pm - 2:55 pm EST

Negotiating and Litigating Eggshell Cases Successfully

This session focuses on handling low-impact motor vehicle collisions and the essential evidence needed to build or defend these cases effectively. Participants will master strategic use of medical records, primary care provider documentation, independent medical examinations, and techniques for deposing and cross-examining experts in eggshell plaintiff litigation.

Edward SusolikEdward Susolik
Frank F. DailyFrank F. Daily
Sayed Emal Wahezi, MDSayed Emal Wahezi, MD
clock 3:05 pm - 3:50 pm EST

Medical Expert Selection and Case Navigation Strategies

A medical perspective on how experts function as detectives to identify connections in complex injury cases with preexisting conditions. This session covers maximizing expert efficiency through complete record provision, converting apparent eggshell weaknesses into case strengths, and crafting effective medical expert reports that address causation and long-term care needs.

Edward SusolikEdward Susolik
Frank F. DailyFrank F. Daily
Sayed Emal Wahezi, MDSayed Emal Wahezi, MD
Edward Susolik

Edward Susolik

Callahan & Blaine

Frank F. Daily

Frank F. Daily

The Law Offices of Frank F. Daily, P.A

Sayed Emal Wahezi, MD

Sayed Emal Wahezi, MD

Montefiore Medical Center

Edward Susolik

Edward Susolik

Callahan & Blaine

President and CEO of Callahan & Blaine, a powerhouse litigation firm in Orange County. Generally recognized as one of the leading experts in the United States in mediation and settlement strategies, and considered one of the top insurance coverage attorneys on the West Coast.

Professional Involvement

In charge of Callahan & Blaine's Insurance Department.

Experience

Over 30 years of experience in insurance coverage law, having successfully handled over 2000 complex insurance disputes and represented hundreds of corporations in disputes with insurance companies. Successfully conducted over 1500 mediations. Firm has achieved a $934 Million verdict in a complex business litigation case, the highest jury verdict in Orange County history.
Frank F. Daily

Frank F. Daily

The Law Offices of Frank F. Daily, P.A

Practice centers on litigation, primarily on products liability, toxic torts, insurance coverage and regulatory matters, and personal injury matters. Member of the American College of Trial Lawyers with over one hundred jury trials.

Education & Credentials

B.A. from Duke University (1981); J.D. from Washington University in St. Louis (1984).

Recognition & Leadership

Designated a 'Super Lawyer' since 2008 by a local publication. Member of the American College of Trial Lawyers.

Professional Involvement

Member of the Bar Association of Baltimore City, the Bar Association of Baltimore County, the American Bar Association, the Defense Research Institute, and the Maryland Defense Counsel, Inc. Served as Chair of the Young Lawyers Section of the Bar Association of Baltimore City (1992-1993), Chair of the Judiciary Committee (1993-1996), and served on the Maryland State Bar Association Board of Governors (1993-1995).

Experience

Has tried over one hundred jury trials. Has lectured extensively in the areas of civil litigation, insurance defense and claims handling, and lead paint litigation.
Sayed Emal Wahezi, MD

Sayed Emal Wahezi, MD

Montefiore Medical Center

Professor and Program Director of the Pain Medicine Fellowship at Montefiore Einstein with clinical focus in interventional pain medicine. Actively involved in basic science and clinical studies in pain management.

Education & Credentials

Doctor of Medicine from State University of New York at Buffalo (2005). Internal medicine internship at Cornell University, New York Hospital, Queens (2006). Residency in physical medicine and rehabilitation at Montefiore (2009), serving as chief resident. Interventional spine and musculoskeletal fellowship at Spine Technology and Rehabilitation (2010). Pain medicine fellowship at Montefiore (2013). Graduate of AAP Program for Academic Leadership (PAL). Certified by the American Board of Physical Medicine and Rehabilitation.

Recognition & Leadership

Authored more than 150 publications in peer-reviewed pain journals, book chapters, abstracts and posters. Given more than 200 academic lectures in pain management across the country. Owns several Neuroscience patents in the field of Pain Medicine.

Professional Involvement

Long-standing member of ASIPP, American Academy of Pain Medicine, New York Pain Society (NYPS), Association of Academic Physiatrists (AAP), Eastern Pain Association (EPA), and Association of Pain Program Directors (APPD). Nominated AAPMR delegate representative for AMA's Expert Panel on Pain Management. Nominated representative on ASIPP's expert lumbar stenosis panel. Board of Directors for NYPS. Past president of APPD. Serves on Board of Directors for ASRA, member of Educational Council for ASPN, has Chaired several educational programs for ASRA and New York Pain Congress, and is Chair for AAPM membership council.

Experience

Created the clinical and academic foundation for Pain Medicine at Montefiore. Research interests include innovative percutaneous pain treatments and physiology of neuropathic and orthopedic pain. Many publications have led to innovation of novel interventional pain procedures. Reviewer and editor for several pain journals.
Edward Susolik

Edward Susolik

Callahan & Blaine

President and CEO of Callahan & Blaine, a powerhouse litigation firm in Orange County. Generally recognized as one of the leading experts in the United States in mediation and settlement strategies, and considered one of the top insurance coverage attorneys on the West Coast.

Professional Involvement

In charge of Callahan & Blaine's Insurance Department.

Experience

Over 30 years of experience in insurance coverage law, having successfully handled over 2000 complex insurance disputes and represented hundreds of corporations in disputes with insurance companies. Successfully conducted over 1500 mediations. Firm has achieved a $934 Million verdict in a complex business litigation case, the highest jury verdict in Orange County history.
Frank F. Daily

Frank F. Daily

The Law Offices of Frank F. Daily, P.A

Practice centers on litigation, primarily on products liability, toxic torts, insurance coverage and regulatory matters, and personal injury matters. Member of the American College of Trial Lawyers with over one hundred jury trials.

Education & Credentials

B.A. from Duke University (1981); J.D. from Washington University in St. Louis (1984).

Recognition & Leadership

Designated a 'Super Lawyer' since 2008 by a local publication. Member of the American College of Trial Lawyers.

Professional Involvement

Member of the Bar Association of Baltimore City, the Bar Association of Baltimore County, the American Bar Association, the Defense Research Institute, and the Maryland Defense Counsel, Inc. Served as Chair of the Young Lawyers Section of the Bar Association of Baltimore City (1992-1993), Chair of the Judiciary Committee (1993-1996), and served on the Maryland State Bar Association Board of Governors (1993-1995).

Experience

Has tried over one hundred jury trials. Has lectured extensively in the areas of civil litigation, insurance defense and claims handling, and lead paint litigation.
Sayed Emal Wahezi, MD

Sayed Emal Wahezi, MD

Montefiore Medical Center

Professor and Program Director of the Pain Medicine Fellowship at Montefiore Einstein with clinical focus in interventional pain medicine. Actively involved in basic science and clinical studies in pain management.

Education & Credentials

Doctor of Medicine from State University of New York at Buffalo (2005). Internal medicine internship at Cornell University, New York Hospital, Queens (2006). Residency in physical medicine and rehabilitation at Montefiore (2009), serving as chief resident. Interventional spine and musculoskeletal fellowship at Spine Technology and Rehabilitation (2010). Pain medicine fellowship at Montefiore (2013). Graduate of AAP Program for Academic Leadership (PAL). Certified by the American Board of Physical Medicine and Rehabilitation.

Recognition & Leadership

Authored more than 150 publications in peer-reviewed pain journals, book chapters, abstracts and posters. Given more than 200 academic lectures in pain management across the country. Owns several Neuroscience patents in the field of Pain Medicine.

Professional Involvement

Long-standing member of ASIPP, American Academy of Pain Medicine, New York Pain Society (NYPS), Association of Academic Physiatrists (AAP), Eastern Pain Association (EPA), and Association of Pain Program Directors (APPD). Nominated AAPMR delegate representative for AMA's Expert Panel on Pain Management. Nominated representative on ASIPP's expert lumbar stenosis panel. Board of Directors for NYPS. Past president of APPD. Serves on Board of Directors for ASRA, member of Educational Council for ASPN, has Chaired several educational programs for ASRA and New York Pain Congress, and is Chair for AAPM membership council.

Experience

Created the clinical and academic foundation for Pain Medicine at Montefiore. Research interests include innovative percutaneous pain treatments and physiology of neuropathic and orthopedic pain. Many publications have led to innovation of novel interventional pain procedures. Reviewer and editor for several pain journals.

Credits by state

AK2.5
AL2.5
AR2.5
AZ2.5
CA2.5
CO3.0
CT2.5
DC2.5
DE2.5
FL2.5
GA2.5
HI2.5
IA2.5
ID2.5
IL2.5
IN2.5
KS2.5
KY2.5
LA2.5
MA2.5
MD2.5
ME2.5
MI2.5
MN2.5
MO3.0
MS2.5
MT2.5
NC2.5
ND2.5
NE2.5
NH150.0
NJ3.0
NM2.5
NV2.5
NY3.0
OH2.5
OK3.0
OR2.5
PA2.5
RI3.0
SC2.5
SD2.5
TN2.5
TX2.5
UT2.5
VA2.5
VT2.5
WA2.5
WI3.0
WV3.0
WY2.5

Legal updates that every attorney needs to know

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Approved
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
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Kentucky
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Louisiana
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Maine
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Maryland
No Required
Massachusetts
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Approved
Mississippi
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Montana
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Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Approved
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Approved
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
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Approved
Utah
Pending
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Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Approved

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs