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

Edward Susolik
Frank F. Daily
Sayed Emal Wahezi, MD
Edward Susolik | Callahan & Blaine
Frank F. Daily | The Law Offices of Frank F. Daily, P.A
Sayed Emal Wahezi, MD | Montefiore Medical Center
Live Video-Broadcast: October 3, 2025

2.5 hour CLE

Tuition: $245.00
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Program Summary

Session I - Fragile Plaintiffs, Strong Cases: Litigating the “Eggshell Plaintiff” Rule - Edward Susolik

This session focuses on a practical approach to how preexisting conditions affect liability, strategy, and compensation under the eggshell plaintiff doctrine. We’ll cover how courts handle cases where a plaintiff’s preexisting condition is made worse by a defendant’s conduct, the challenges of proving or disputing causation, and the strategies lawyers use on both sides. The goal is to give clear, usable insights into how the doctrine plays out in litigation.

Key topics to be discussed:

  • What is the “Eggshell Plaintiff” Rule?
  • Strategies for the plaintiff
  • Overcoming defense tactics
  • Common scenarios and realistic examples

Session II - Negotiating and Litigating Eggshell Plaintiff Cases: Refining your Skills for Success - Frank F. Daily

Enhance your skills in negotiating and litigating eggshell plaintiff cases for guaranteed success. Join this session to understand the unique challenges that these cases present and learn experience in handling them with finesse.

Key topics to be discussed:

  • Low impact motor vehicle collisions
  • Effective use of medical records and experts
  • Deposing and cross-examining experts in eggshell plaintiff cases

Session III - Understanding Defense and Plaintiff Injury Cases: A Medical Perspective - Sayed Emal Wahezi, MD

Medical injury cases can be very complicated and require a complex understanding of medical systems, patient anatomical and psychological limitations, stakeholders' motivations, in order for a medical expert to opine confidently on negligence, causation, and disability. In this lecture we will present 3 cases which highlight the necessary elements of navigating a challenging medical case in order for a legal team to identify, and maximize, the talents of a medical expert.

Key topics to be discussed:

  • Understanding how to select a medical expert
  • Explain how to maximize the efficiency of a medical expert
  • Describe how a medical expert should intellectually navigate a case
  • Describe how a medical expert should write a report

Date / Time: October 3, 2025

  • 1:00 pm – 3:50 pm Eastern
  • 12:00 pm – 2:50 pm Central
  • 11:00 am – 1:50 pm Mountain
  • 10:00 am – 12:50 pm Pacific

Closed-captioning available

Speakers

Edward Susolik | Callahan & Blaine

Edward Susolik is the President and CEO of Callahan & Blaine, a powerhouse litigation firm in Orange County with 32 highly experienced litigation trial attorneys. Among its many accomplishments, Callahan & Blaine, which is celebrating its 42th anniversary in 2026, has a $934 Million verdict in a complex business litigation case, the highest jury verdict in Orange County history. In addition to his extensive litigation experience, Mr. Susolik is generally recognized as one of the leading experts in the United States in mediation and settlement strategies, having successfully conducted over 1500 mediations.

Mr. Susolik is also in charge of Callahan & Blaine’s Insurance Department and is considered one of the top insurance coverage attorneys on the West Coast, having successfully handled over 2000 complex insurance disputes and represented hundreds of corporations in disputes with insurance companies in over 30 years. Mr. Susolik can be reached at ed@callahan-law.com or on his cell phone at (949) 422-7900.

 

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

Frank F. Daily’s practice centers on litigation, primarily on products liability, toxic torts, insurance coverage and regulatory matters, and personal injury matters. He received his undergraduate degree at Duke University (B.A. 1981) and his J.D. from Washington University in St. Louis (1984). Mr. Daily is a 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. He served as Chair of the Young Lawyers Section of the Bar Association of Baltimore City in 1992-1993 and Chair of the Judiciary Committee from 1993-1996. Mr. Daily served on the Maryland State Bar Association Board of Governors from 1993-1995. Mr. Daily has lectured extensively in the areas of civil litigation, insurance defense and claims handling, and lead paint litigation. Mr. Daily is a member of the American College of Trial Lawyers and has tried over one hundred jury trials. He has been designated a “Super Lawyer” since 2008 by a local publication.

 

Sayed Emal Wahezi, MD | Montefiore Medical Center

Sayed Emal Wahezi, MD, is Professor and Program Director of the Pain Medicine Fellowship at Montefiore Einstein. Dr. Wahezi’s clinical focus is in interventional pain medicine.

A graduate of State University of New York at Buffalo, Dr. Wahezi earned his Doctor of Medicine in 2005. He completed his internal medicine internship at Cornell University, New York Hospital, Queens in 2006, then came to Montefiore to complete his residency in physical medicine and rehabilitation in 2009, serving as chief resident in his final year. In 2010, Dr. Wahezi completed his interventional spine and musculoskeletal fellowship at Spine Technology and Rehabilitation, then returned to Montefiore to complete a pain medicine fellowship in 2013, and created the clinical and academic foundation for Pain Medicine at Montefiore.

Dr. Wahezi’s research interests include innovative percutaneous pain treatments and his basic science interests include the physiology of neuropathic and orthopedic pain. He is actively involved in basic science and clinical studies in pain management. Dr. Wahezi has authored more than 150 publications in peer-reviewed pain journals, book chapters, abstracts and posters. Many of Dr. Wahezi’s publications have led to the innovation of novel interventional pain procedures. He has given more than 200 academic lectures in pain management across the country. He is a reviewer and editor for several pain journals. He also owns several Neuroscience patents in the field of Pain Medicine.

Dr. Wahezi is certified by the American Board of Physical Medicine and Rehabilitation. He is a long-standing member of the American Society of Interventional Pain Physicians (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). He is a nominated American Academy of Physical Medicine and Rehabilitation (AAPMR) delegate representative for the American Medical Association’s Expert Panel on Pain Management, nominated representative on ASIPP’s expert lumbar stenosis panel and the Board of Directors for the NYPS. He is also a graduate of the AAP Program for Academic Leadership (PAL) and a past president of the APPD. He serves on the Board of Directors for American Society of Regional Anesthesia and Pain Medicine (ASRA), is a member of the Educational Council for the Association of Pain and Neuroscience (ASPN), has Chaired several educational programs for the Association of Regional Anesthesiology and Chronic Pain (ASRA) as well as the New York Pain Congress, and is Chair for the American Academy of Pain Medicine (AAPM) membership council.

Agenda

Session I – Fragile Plaintiffs, Strong Cases: Litigating the “Eggshell Plaintiff” Rule | 1:00pm – 1:45pm

  • What is the “Eggshell Plaintiff” Rule?
    • Defendants take the plaintiff as they are found
    • Focus is on the defendant’s conduct, not the plaintiff’s condition
  • Strategies for the plaintiff
    • Practical tools for applying the rule
    • Demonstrating the defendant’s negligence worsened the condition
  • Overcoming defense tactics
    • Countering arguments such as deterioration or mitigation
  • Common scenarios and realistic examples
    • Applicability to mental health
    • Fragile/elderly plaintiffs
    • Real life stories from Ed Susolik

Break | 1:45pm – 1:55pm

Session II – Negotiating and Litigating Eggshell Plaintiff Cases: Refining your Skills for Success | 1:55pm – 2:55pm

  • Low impact motor vehicle collisions
  • Effective use of medical records and experts
  • Deposing and cross-examining experts in eggshell plaintiff cases

Break | 2:55pm – 3:05pm

Session III – Understanding Defense and Plaintiff Injury Cases: A Medical Perspective | 3:05pm – 3:50pm

  • Understanding how to select a medical expert
  • Explain how to maximize the efficiency of a medical expert
  • Describe how a medical expert should intellectually navigate a case
  • Describe how a medical expert should write a report

Credits

Alaska

Approved for CLE Credits
2.5 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2.5 General

Arkansas

Approved for CLE Credits
2.5 General

Arizona

Approved for CLE Credits
2.5 General

California

Approved for CLE Credits
2.5 General

Colorado

Pending CLE Approval
2.5 General

Connecticut

Approved for CLE Credits
2.5 General

District of Columbia

No MCLE Required
2.5 CLE Hour(s)

Delaware

Pending CLE Approval
2.5 General

Florida

Approved via Attorney Submission
3 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2.5 General

Hawaii

Approved for CLE Credits
3 General

Iowa

Pending CLE Approval
2.5 General

Idaho

Pending CLE Approval
2.5 General

Illinois

Pending CLE Approval
2.5 General

Indiana

Pending CLE Approval
2.5 General

Kansas

Pending CLE Approval
2.5 Substantive

Kentucky

Pending CLE Approval
2.5 General

Louisiana

Pending CLE Approval
2.5 General

Massachusetts

No MCLE Required
2.5 CLE Hour(s)

Maryland

No MCLE Required
2.5 CLE Hour(s)

Maine

Pending CLE Approval
2.5 General

Michigan

No MCLE Required
2.5 CLE Hour(s)

Minnesota

Pending CLE Approval
2.5 General

Missouri

Approved for CLE Credits
3 General

Mississippi

Pending CLE Approval
2.5 General

Montana

Pending CLE Approval
2.5 General

North Carolina

Pending CLE Approval
2.5 General

North Dakota

Approved for CLE Credits
2.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2.5 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
150 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2.5 General

Nevada

Pending CLE Approval
2.5 General

New York

Approved for CLE Credits
3 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2.5 General

Oklahoma

Pending CLE Approval
3 General

Oregon

Pending CLE Approval
2.5 General

Pennsylvania

Approved for CLE Credits
2.5 General

Rhode Island

Pending CLE Approval
3 General

South Carolina

Pending CLE Approval
2.5 General

South Dakota

No MCLE Required
2.5 CLE Hour(s)

Tennessee

Pending CLE Approval
2.5 General

Texas

Approved for CLE Credits
2.5 General

Utah

Pending CLE Approval
2.5 General

All courses accredited in Utah must include both ethics credits.
Virginia

Not Eligible
2.5 General Hours

Vermont

Approved for CLE Credits
2.5 General

Washington

Approved via Attorney Submission
2.5 Law & Legal Hours

Wisconsin

Pending CLE Approval
3 General

West Virginia

Pending CLE Approval
3 General

Wyoming

Pending CLE Approval
2.5 General

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