RE: FW: [otla] DME DR. (Coulter) BURIED

[Guest guest]

,

Dr. Coulter really showed his lack of knowledge in how insurers dispose of

claims when he asked to get more info on Colossus, since it does nothing to

counter the biomechanist. Thanks to a lot of hard work from a lot of us, the

word is getting out on the biomechanical junk science that is so favored by

the defense, and more plaintiff attorneys are learning how to destroy these

frauds. The next thing is to do what Dan did yesterday. I am most interested

to see how you will approach the X-examination of a defense medical examiner

with your specialized knowledge. It will be a fine balance between getting

out little known information and boring the jury with minutiae.

With regard to attys; I see the point at which you are driving, but how are

the OregonDCs members to know who it is that is stabbing them in the back? A

lot of DCs have longstanding relationships with attorneys and refer cases

and patients mutually. If there are firms that you think are making money

off of the chiropractic profession while at the same time dissing us, can

you tell us who they are?

D Freeman

Mailing address: 2480 Liberty Street NE Suite 180

Salem, Oregon 97303

phone 503 763-3528

fax 503 763-3530

pager 888 501-7328

Re: FW: [otla] DME DR. (Coulter) BURIED

> Doctors:

>

> I was waiting until Dan Gatti posted this message to comment on a great

> experience I had yesterday. After meeting with Dan on Wednesday, he

invited

> me to attend the trial which is discussed in the message below. Little

did

> I expect to see the fireworks we got at the end. It was literally like a

> scene from Mason.

>

> Dan absolutely ripped this IME doctor apart. It was all too clear to the

> jury that this was a typical screw job by a defense doctor and an

insurance

> company. It is this type of legal work that I have been talking about

> recently in my own practice; work which both helps your clients and serves

> an important purpose for the public. Every case you refer to the right

> attorney has the capability of doing both.

>

> Dan Gatti has diligently worked to help this profession and its clients.

He

> has also subjected himself to a lot of hell in order to do the right thing

> for society by doggedly pursuing corrupt insurance, paper review and IME

> companies. As many of you know, he also jeopardized his own livelihood

in

> order to do the right thing for the public, which few people will do.

>

> In our discussion Wednesday, Dan and I talked about the fact that many

> chiropractors continue to refer patients to lawyers who purport to like

> chiropractors but behind closed doors stab us in the back. No reasonable

> professional supports a business who does not support them, or lacks

respect

> for them. Unfortunately, our profession continues to do this. Many of

us

> will not invest in tobacco or drug stocks because we do not want to

support

> causes contrary to our beliefs. Why is it then that we continue to

support

> lawyers who do not like chiropractors, and do not actually support the

> profession?

>

> Every case you send out to an attorney has the capacity to change your

> practice. The accumulation of evidence of certain varieties of insurance

> fraud will become clear to those of us willing to pursue it, and will be

> wasted on those unwilling to fight to make sure you get paid properly. In

> cases who are sent for biased IMEs, your patients will continue to be

> damaged until lawyers willing to confront them head on are consulted. The

> more we support plaintiffs lawyers who roll over for money instead of

pursue

> the case, the more powerful the insurance industry becomes, and the less

> control you are afforded as a doctor. Unfortunately, many times you never

> know what major piece of evidence underlies even the simplest case in your

> office. This case was a perfect example; a minor accident which due to

an

> excellent strategic move by Dan revealed a letter by an IME admitting that

> MCN was an " IME mill system, " and that he wanted access to a computer

system

> used by " 50% of MVA adjustors " (Colossus) designed specifically to lower

> settlement amounts and counter biomechanical experts. Used in the correct

> way, this is evidence that will eventually make it easier to collect on

> patient cases injured in low speed impacts. It is also important to

> appreciate that the money incentive involved in IMEs was enough to make

this

> doctor perjure himself, which was later revealed by Defense counsel.

>

> Take the time to find out who you are sending your patients to for legal

> representation. Sit down and have lunch with them and find out what they

> know about you and your profession. Then make a choice as to whether you

> are doing the right thing for yourself, your patients, your profession,

and

> society by using that lawyer.

>

> Respectfully,

>

> DeShaw, D.C., J.D.

> deshaw@...

> www.doctorlawyer.net

>

> 1001 SW 5th Avenue, Suite 1300

> Portland, OR 97204

> Phone (503) 227-1233

> Fax (503) 227-2489

>

> > From: Gatti <saranno@...>

> > Lawyers:

> >

> > Coulter, M.D., J.D., will not be used in the future by defense

> > counsel--unless he or she is crazy--, and if any of you have Coulter

> coming

> > up soon, call Dan Gatti ASAP.

> >

> > I was in trial today on a glancing impact case (79 year old lady

changing

> > lanes into my client) and I alleged a bulging disk and aggravation to an

> old

> > fusion as a result of the $895 accident. Coulter testified, and just as

> he

> > came into court, and before defense counsel could say object or review

> > anything, I asked to review Coulter's file. In there, I found the

smoking

> > gun that turned a $4,500 offer into $50.000.

> >

> > In the doctor's file was a letter to defense counsel that talked about

> some

> > of the pl's facts, and then said the following:

> >

> > " I was impressed with Dan Gatti's thorough cross-examination on a recent

> > case

> > for State Farm. He made a dent in the current IME mill system

> particularly

> > in cases seen at facilities such as MCN, Cascade and Western as

> constituting

> > nothing but a predetermined lynching of his clients...and got three

times

> > the

> > verdict he should have. Therefore, Gatti will be encouraged, so we must

> > carefully plan our counterstrategy, and become prepared for such tactics

> at

> > an early conference at your office.

> >

> > " I see IME's in my own rented offices now in Eugene, so I can add my to

my

> > testimony that I have experience in seeing Plaintiff's counsel as well,

> > helping to defang that approach. This is one of the reasons for my

> decision

> > to only see IME's in Oregon on direct referral to me personally. We

need

> to

> > check on Duff's qualifications and history (Coulter and Duff did the DME

> > together). Please get Duff's CV....for us so we don't enter into

> something

> > embarrassing by association. "

> >

> > Coulter then discusses some of why my client's not hurt, and says,

" Tiley

> > (my expert) will be a good witness for plaintiff as a long time treating

> > ortho and he is good at explaining things in layman's language. Tiley

> > reported to Gatti.... " and then he goes on about Tiley's findings.

Then

> > Coulter writes:

> >

> > " I look forward to our pretrial conference, and if this does not settle

> on

> > the basis of the predominate anti-claimant tenor of the accumulated

data,

> > all

> > imaging must be obtained for trial demonstration.

> >

> > " Thank you for your confidence and referrals. Please ask claims

> supervisors

> > to send me more of Allstate's and other insurers (my fees are

comparable,

> > reasonable and I can be " contracted " --emphasis added--) for referrals in

> > Eugene for IME's, and I will be able to deflect plaintiff's counsel when

> > they

> > attack the current IME system in court. I need to know more about

> Colosssus

> > software, now used by 50% of MVA adjusters and the data entered to get

> > settlement amounts.......The expert defense witness is going to have to

> have

> > to be aware of more of the spectrum of computerized data relied upon to

> > counter Plaintiff's biomechanical data/experts on low speed collisions

> with

> > soft tissue injuries in the future. If I can emphasize that the data

> > entered

> > into Colossus has statistical significance, and is ordinarily relied

upon

> by

> > neurosurgery experts we can defend a system saving the policyholder

money

> > using Daubert and Frye standards of evidence. More cases are being

tried

> by

> > Gatti and others, and we must be one-up on the ways to win. "

> >

> > The doctor was not happy I found this letter. Neither was the defense

> > lawyer. The doctor then testified that the defense lawyer did not

receive

> > the letter above, but another letter. A break was called. In chambers,

> the

> > defense lawyer admitted that he had, in fact, received the letter but

> > considered it " work product. "

> >

> > I gave the lawyer two choices. Pay policy limits, or I'd go for an

excess

> > against his insured. An hour later, limits were tendered.

> >

> > I will send a transcript of the proceedings to the OTLA brief bank along

> > with

> > the letter mentioned. If you have Coulter coming up as a defense expert

> > soon, or if you're thinking of a settlement because of his " Independent "

> > opinion, reconsider. As I promised the doctor, over his objection, this

> is

> > now a public record, and he's toast.

> >

> > Dan Gatti

> >

> > ---

> > Search DepoConnect for depositions at

> > http://www.depoconnect.com/

> > You are currently subscribed to otla as: [chill@...]

> > To unsubscribe, forward this message:

> > leave-otla-27570E@...

> >

> >

> >

> >

> >

> >

> >

>

>

>

>

>

>

[Guest guest]

:

For obvious reasons, I do not want to name names in this forum. I think it

should be something that the doctors discuss between themselves socially and

at association meetings. Ask other DCs who they refer to and why, and ask

why don't you use the same people I do, and why. I think it is valuable to

look at history a bit too.

There appear to be some glaring examples in Salem which became pretty

apparent for a few people during the WC problem in 1990. Some people

frankly failed to take notice that a few " chiropractic lawyers " left

chiropractors in serious trouble during that time and that Dan Gatti ended

up having to help them out. Yet, the profession still regularly refers

hundreds of thousands of dollars worth of cases per year to that law firm.

My only question is, does this make sense for the profession? I would

suggest that it does not. I'm not even suggesting that people necessarily

look at me as an alternative. There are lots of other great lawyers out

there who have demonstrated their faithfulness to the profession who get

little support. There are some great lawyers in Oregon who maybe have not

worked much with chiropractors and have no real opionion yet, and it is up

to us as physicians to approach them and educate them as to what we do so

that they understand. This should be an important part of a chiropractic

doctors marketing plan and community outreach if you do much work in WC or

PI.

Then of course there is always Dan's own firm who has expanded in order to

deal with more cases referred by the chiropractic profession. I would

personally rather see more cases sent to Dan than someone else who hasn't

really done much to help the profession, its doctors, or its patients. Dan

and I don't view each other as competition at all because we both have an

important purpose for which there is currently an endless supply of work.

As a further example of the problem I am discussing, I also have a video of

a partner at another Salem law firm (who receives a number of chiropractic

referrals) making comments to other lawyers about chiropractors:

" You better find out about prior chiropractic treatment. We know that the

first question to come up in a deposition is prior chiropractic treatment.

There are Defense lawyers who salivate at prior chiropractic treatment. "

" If you don't find out that your client who was in an automobile accident

and has back pain had treatment 45 times with a chiropractor in the year

prior to the accident you're not very bright in not getting the information,

and may not want to take the case at all. "

" I'm not harping on chiropractors. Its just a fact of life. "

Whether he thinks that he is " harping " on chiropractors or not, he subjected

an audience of about 100+ attorneys to these comments which I believe are

clearly derogatory toward the chiropractic profession. These were attorneys

who were listening to him to learn about automobile accidents, one of the

things that chiropractors are really great at treating. Considering the

fact that I know chiropractors work their tail off to educate the legal

community in hopes that we can generate a good working relationship for our

mutual patients/clients, this lawyer who benefits from chiropractic

referrals just did more damage to the chiropractic profession and your

professional reputation than you could possibly ever hope to counteract with

a lifetime of attorney newsletters. The saddest thing is that the

chiropractic profession has helped to give the guy enough financial success

that the legal community deems him an expert at dealing with car accidents.

In short, our continued referrals have given him the power to damage the

profession. Its like providing a gun so someone can shoot you. Not real

bright.

What this lawyer set off that day went far beyond his own damaging comments

as well. Over the course of this day of lectures, chiropractic was then

subsequently mentioned by five different individuals, the last being a judge

who admitted that he had cut the medical awards for " unsophisticated

hispanics " because they had chosen chiropractic treatment, specifically so

that " chiropractors will soon learn a lesson. " Its sad to say that we have

supported someone who set that whole thing off.

So, you can choose to refer to a firm who might not accept cases because of

chiropractic treatment, or one who can determine how to make the jury

understand why prior chiropractic treatment might suggest a pre-existing

injury that made the injuries sustained in this accident more significant.

I think that on closer study of the people you work with, you will start to

better appreciate if they like to work with you for the right or the wrong

reasons.

Of course this same lawyer also said " we take a better medical history than

any doctors office, " which I found pretty funny. Maybe he meant " any IME

doctors office, " because I've seen his firm's history form which covers

about 1/4 of what I covered in a history as a doctor. I don't know about

you, but I get a little offended when a lawyer says he knows how to take a

better medical history than I do.

DeShaw, D.C., J.D.

deshaw@...

www.doctorlawyer.net

1001 SW 5th Avenue, Suite 1300

Portland, OR 97204

Phone (503) 227-1233

Fax (503) 227-2489

Re: FW: [otla] DME DR. (Coulter) BURIED

>

>

> > Doctors:

> >

> > I was waiting until Dan Gatti posted this message to comment on a great

> > experience I had yesterday. After meeting with Dan on Wednesday, he

> invited

> > me to attend the trial which is discussed in the message below. Little

> did

> > I expect to see the fireworks we got at the end. It was literally like

a

> > scene from Mason.

> >

> > Dan absolutely ripped this IME doctor apart. It was all too clear to

the

> > jury that this was a typical screw job by a defense doctor and an

> insurance

> > company. It is this type of legal work that I have been talking about

> > recently in my own practice; work which both helps your clients and

serves

> > an important purpose for the public. Every case you refer to the right

> > attorney has the capability of doing both.

> >

> > Dan Gatti has diligently worked to help this profession and its clients.

> He

> > has also subjected himself to a lot of hell in order to do the right

thing

> > for society by doggedly pursuing corrupt insurance, paper review and IME

> > companies. As many of you know, he also jeopardized his own livelihood

> in

> > order to do the right thing for the public, which few people will do.

> >

> > In our discussion Wednesday, Dan and I talked about the fact that many

> > chiropractors continue to refer patients to lawyers who purport to like

> > chiropractors but behind closed doors stab us in the back. No

reasonable

> > professional supports a business who does not support them, or lacks

> respect

> > for them. Unfortunately, our profession continues to do this. Many of

> us

> > will not invest in tobacco or drug stocks because we do not want to

> support

> > causes contrary to our beliefs. Why is it then that we continue to

> support

> > lawyers who do not like chiropractors, and do not actually support the

> > profession?

> >

> > Every case you send out to an attorney has the capacity to change your

> > practice. The accumulation of evidence of certain varieties of

insurance

> > fraud will become clear to those of us willing to pursue it, and will be

> > wasted on those unwilling to fight to make sure you get paid properly.

In

> > cases who are sent for biased IMEs, your patients will continue to be

> > damaged until lawyers willing to confront them head on are consulted.

The

> > more we support plaintiffs lawyers who roll over for money instead of

> pursue

> > the case, the more powerful the insurance industry becomes, and the less

> > control you are afforded as a doctor. Unfortunately, many times you

never

> > know what major piece of evidence underlies even the simplest case in

your

> > office. This case was a perfect example; a minor accident which due to

> an

> > excellent strategic move by Dan revealed a letter by an IME admitting

that

> > MCN was an " IME mill system, " and that he wanted access to a computer

> system

> > used by " 50% of MVA adjustors " (Colossus) designed specifically to lower

> > settlement amounts and counter biomechanical experts. Used in the

correct

> > way, this is evidence that will eventually make it easier to collect on

> > patient cases injured in low speed impacts. It is also important to

> > appreciate that the money incentive involved in IMEs was enough to make

> this

> > doctor perjure himself, which was later revealed by Defense counsel.

> >

> > Take the time to find out who you are sending your patients to for legal

> > representation. Sit down and have lunch with them and find out what

they

> > know about you and your profession. Then make a choice as to whether

you

> > are doing the right thing for yourself, your patients, your profession,

> and

> > society by using that lawyer.

> >

> > Respectfully,

> >

> > DeShaw, D.C., J.D.

> > deshaw@...

> > www.doctorlawyer.net

> >

> > 1001 SW 5th Avenue, Suite 1300

> > Portland, OR 97204

> > Phone (503) 227-1233

> > Fax (503) 227-2489

> >

> > > From: Gatti <saranno@...>

> > > Lawyers:

> > >

> > > Coulter, M.D., J.D., will not be used in the future by defense

> > > counsel--unless he or she is crazy--, and if any of you have Coulter

> > coming

> > > up soon, call Dan Gatti ASAP.

> > >

> > > I was in trial today on a glancing impact case (79 year old lady

> changing

> > > lanes into my client) and I alleged a bulging disk and aggravation to

an

> > old

> > > fusion as a result of the $895 accident. Coulter testified, and just

as

> > he

> > > came into court, and before defense counsel could say object or review

> > > anything, I asked to review Coulter's file. In there, I found the

> smoking

> > > gun that turned a $4,500 offer into $50.000.

> > >

> > > In the doctor's file was a letter to defense counsel that talked about

> > some

> > > of the pl's facts, and then said the following:

> > >

> > > " I was impressed with Dan Gatti's thorough cross-examination on a

recent

> > > case

> > > for State Farm. He made a dent in the current IME mill system

> > particularly

> > > in cases seen at facilities such as MCN, Cascade and Western as

> > constituting

> > > nothing but a predetermined lynching of his clients...and got three

> times

> > > the

> > > verdict he should have. Therefore, Gatti will be encouraged, so we

must

> > > carefully plan our counterstrategy, and become prepared for such

tactics

> > at

> > > an early conference at your office.

> > >

> > > " I see IME's in my own rented offices now in Eugene, so I can add my

to

> my

> > > testimony that I have experience in seeing Plaintiff's counsel as

well,

> > > helping to defang that approach. This is one of the reasons for my

> > decision

> > > to only see IME's in Oregon on direct referral to me personally. We

> need

> > to

> > > check on Duff's qualifications and history (Coulter and Duff did the

DME

> > > together). Please get Duff's CV....for us so we don't enter into

> > something

> > > embarrassing by association. "

> > >

> > > Coulter then discusses some of why my client's not hurt, and says,

> " Tiley

> > > (my expert) will be a good witness for plaintiff as a long time

treating

> > > ortho and he is good at explaining things in layman's language. Tiley

> > > reported to Gatti.... " and then he goes on about Tiley's findings.

> Then

> > > Coulter writes:

> > >

> > > " I look forward to our pretrial conference, and if this does not

settle

> > on

> > > the basis of the predominate anti-claimant tenor of the accumulated

> data,

> > > all

> > > imaging must be obtained for trial demonstration.

> > >

> > > " Thank you for your confidence and referrals. Please ask claims

> > supervisors

> > > to send me more of Allstate's and other insurers (my fees are

> comparable,

> > > reasonable and I can be " contracted " --emphasis added--) for referrals

in

> > > Eugene for IME's, and I will be able to deflect plaintiff's counsel

when

> > > they

> > > attack the current IME system in court. I need to know more about

> > Colosssus

> > > software, now used by 50% of MVA adjusters and the data entered to get

> > > settlement amounts.......The expert defense witness is going to have

to

> > have

> > > to be aware of more of the spectrum of computerized data relied upon

to

> > > counter Plaintiff's biomechanical data/experts on low speed collisions

> > with

> > > soft tissue injuries in the future. If I can emphasize that the data

> > > entered

> > > into Colossus has statistical significance, and is ordinarily relied

> upon

> > by

> > > neurosurgery experts we can defend a system saving the policyholder

> money

> > > using Daubert and Frye standards of evidence. More cases are being

> tried

> > by

> > > Gatti and others, and we must be one-up on the ways to win. "

> > >

> > > The doctor was not happy I found this letter. Neither was the defense

> > > lawyer. The doctor then testified that the defense lawyer did not

> receive

> > > the letter above, but another letter. A break was called. In

chambers,

> > the

> > > defense lawyer admitted that he had, in fact, received the letter but

> > > considered it " work product. "

> > >

> > > I gave the lawyer two choices. Pay policy limits, or I'd go for an

> excess

> > > against his insured. An hour later, limits were tendered.

> > >

> > > I will send a transcript of the proceedings to the OTLA brief bank

along

> > > with

> > > the letter mentioned. If you have Coulter coming up as a defense

expert

> > > soon, or if you're thinking of a settlement because of his

" Independent "

> > > opinion, reconsider. As I promised the doctor, over his objection,

this

> > is

> > > now a public record, and he's toast.

> > >

> > > Dan Gatti

> > >

> > > ---

> > > Search DepoConnect for depositions at

> > > http://www.depoconnect.com/

> > > You are currently subscribed to otla as: [chill@...]

> > > To unsubscribe, forward this message:

> > > leave-otla-27570E@...

> > >

> > >

> > >

> > >

> > >

> > >

> > >

> >

> >

> >

> >

> >

> >

>

>

>

>

>

[Guest guest]

Vern:

I strongly support this idea. I think it would significantly improve the

IME system and thereby benefit the Oregon public.

DeShaw, D.C., J.D.

Re: FW: [otla] DME DR. (Coulter) BURIED

>

>

> >Doctors:

> >

> >I was waiting until Dan Gatti posted this message to comment on a great

> >experience I had yesterday. After meeting with Dan on Wednesday, he

> invited

> >me to attend the trial which is discussed in the message below. Little

did

> >I expect to see the fireworks we got at the end. It was literally like a

> >scene from Mason.

> >

> >Dan absolutely ripped this IME doctor apart. It was all too clear to the

> >jury that this was a typical screw job by a defense doctor and an

insurance

> >company. It is this type of legal work that I have been talking about

> >recently in my own practice; work which both helps your clients and

serves

> >an important purpose for the public. Every case you refer to the right

> >attorney has the capability of doing both.

> >

> >Dan Gatti has diligently worked to help this profession and its clients.

> He

> >has also subjected himself to a lot of hell in order to do the right

thing

> >for society by doggedly pursuing corrupt insurance, paper review and IME

> >companies. As many of you know, he also jeopardized his own livelihood

in

> >order to do the right thing for the public, which few people will do.

> >

> >In our discussion Wednesday, Dan and I talked about the fact that many

> >chiropractors continue to refer patients to lawyers who purport to like

> >chiropractors but behind closed doors stab us in the back. No

reasonable

> >professional supports a business who does not support them, or lacks

> respect

> >for them. Unfortunately, our profession continues to do this. Many of

us

> >will not invest in tobacco or drug stocks because we do not want to

support

> >causes contrary to our beliefs. Why is it then that we continue to

support

> >lawyers who do not like chiropractors, and do not actually support the

> >profession?

> >

> >Every case you send out to an attorney has the capacity to change your

> >practice. The accumulation of evidence of certain varieties of insurance

> >fraud will become clear to those of us willing to pursue it, and will be

> >wasted on those unwilling to fight to make sure you get paid properly.

In

> >cases who are sent for biased IMEs, your patients will continue to be

> >damaged until lawyers willing to confront them head on are consulted.

The

> >more we support plaintiffs lawyers who roll over for money instead of

> pursue

> >the case, the more powerful the insurance industry becomes, and the less

> >control you are afforded as a doctor. Unfortunately, many times you

never

> >know what major piece of evidence underlies even the simplest case in

your

> >office. This case was a perfect example; a minor accident which due to

an

> >excellent strategic move by Dan revealed a letter by an IME admitting

that

> >MCN was an " IME mill system, " and that he wanted access to a computer

> system

> >used by " 50% of MVA adjustors " (Colossus) designed specifically to lower

> >settlement amounts and counter biomechanical experts. Used in the

correct

> >way, this is evidence that will eventually make it easier to collect on

> >patient cases injured in low speed impacts. It is also important to

> >appreciate that the money incentive involved in IMEs was enough to make

> this

> >doctor perjure himself, which was later revealed by Defense counsel.

> >

> >Take the time to find out who you are sending your patients to for legal

> >representation. Sit down and have lunch with them and find out what they

> >know about you and your profession. Then make a choice as to whether you

> >are doing the right thing for yourself, your patients, your profession,

and

> >society by using that lawyer.

> >

> >Respectfully,

> >

> > DeShaw, D.C., J.D.

> >deshaw@...

> >www.doctorlawyer.net

> >

> >1001 SW 5th Avenue, Suite 1300

> >Portland, OR 97204

> >Phone (503) 227-1233

> >Fax (503) 227-2489

> >

> >> From: Gatti <saranno@...>

> >> Lawyers:

> >>

> >> Coulter, M.D., J.D., will not be used in the future by defense

> >> counsel--unless he or she is crazy--, and if any of you have Coulter

> >coming

> >> up soon, call Dan Gatti ASAP.

> >>

> >> I was in trial today on a glancing impact case (79 year old lady

changing

> >> lanes into my client) and I alleged a bulging disk and aggravation to

an

> >old

> >> fusion as a result of the $895 accident. Coulter testified, and just

as

> >he

> >> came into court, and before defense counsel could say object or review

> >> anything, I asked to review Coulter's file. In there, I found the

> smoking

> >> gun that turned a $4,500 offer into $50.000.

> >>

> >> In the doctor's file was a letter to defense counsel that talked about

> >some

> >> of the pl's facts, and then said the following:

> >>

> >> " I was impressed with Dan Gatti's thorough cross-examination on a

recent

> >> case

> >> for State Farm. He made a dent in the current IME mill system

> >particularly

> >> in cases seen at facilities such as MCN, Cascade and Western as

> >constituting

> >> nothing but a predetermined lynching of his clients...and got three

times

> >> the

> >> verdict he should have. Therefore, Gatti will be encouraged, so we

must

> >> carefully plan our counterstrategy, and become prepared for such

tactics

> >at

> >> an early conference at your office.

> >>

> >> " I see IME's in my own rented offices now in Eugene, so I can add my to

> my

> >> testimony that I have experience in seeing Plaintiff's counsel as well,

> >> helping to defang that approach. This is one of the reasons for my

> >decision

> >> to only see IME's in Oregon on direct referral to me personally. We

need

> >to

> >> check on Duff's qualifications and history (Coulter and Duff did the

DME

> >> together). Please get Duff's CV....for us so we don't enter into

> >something

> >> embarrassing by association. "

> >>

> >> Coulter then discusses some of why my client's not hurt, and says,

> " Tiley

> >> (my expert) will be a good witness for plaintiff as a long time

treating

> >> ortho and he is good at explaining things in layman's language. Tiley

> >> reported to Gatti.... " and then he goes on about Tiley's findings.

> Then

> >> Coulter writes:

> >>

> >> " I look forward to our pretrial conference, and if this does not

settle

> >on

> >> the basis of the predominate anti-claimant tenor of the accumulated

data,

> >> all

> >> imaging must be obtained for trial demonstration.

> >>

> >> " Thank you for your confidence and referrals. Please ask claims

> >supervisors

> >> to send me more of Allstate's and other insurers (my fees are

comparable,

> >> reasonable and I can be " contracted " --emphasis added--) for referrals

in

> >> Eugene for IME's, and I will be able to deflect plaintiff's counsel

when

> >> they

> >> attack the current IME system in court. I need to know more about

> >Colosssus

> >> software, now used by 50% of MVA adjusters and the data entered to get

> >> settlement amounts.......The expert defense witness is going to have to

> >have

> >> to be aware of more of the spectrum of computerized data relied upon to

> >> counter Plaintiff's biomechanical data/experts on low speed collisions

> >with

> >> soft tissue injuries in the future. If I can emphasize that the data

> >> entered

> >> into Colossus has statistical significance, and is ordinarily relied

upon

> >by

> >> neurosurgery experts we can defend a system saving the policyholder

money

> >> using Daubert and Frye standards of evidence. More cases are being

tried

> >by

> >> Gatti and others, and we must be one-up on the ways to win. "

> >>

> >> The doctor was not happy I found this letter. Neither was the defense

> >> lawyer. The doctor then testified that the defense lawyer did not

> receive

> >> the letter above, but another letter. A break was called. In

chambers,

> >the

> >> defense lawyer admitted that he had, in fact, received the letter but

> >> considered it " work product. "

> >>

> >> I gave the lawyer two choices. Pay policy limits, or I'd go for an

> excess

> >> against his insured. An hour later, limits were tendered.

> >>

> >> I will send a transcript of the proceedings to the OTLA brief bank

along

> >> with

> >> the letter mentioned. If you have Coulter coming up as a defense

expert

> >> soon, or if you're thinking of a settlement because of his

" Independent "

> >> opinion, reconsider. As I promised the doctor, over his objection,

this

> >is

> >> now a public record, and he's toast.

> >>

> >> Dan Gatti

> >>

> >> ---

> >> Search DepoConnect for depositions at

> >> http://www.depoconnect.com/

> >> You are currently subscribed to otla as: [chill@...]

> >> To unsubscribe, forward this message:

> >> leave-otla-27570E@...

> >>

> >>

> >>

> >>

> >>

> >>

> >>

> >

> >

> >

> >

> >

> >

>

[Guest guest]

Vern,

I think that the first thing to do is to complete a clearinghouse of IMEs

like I am trying to do on these two DCs who do insurance exams. Perhaps the

CAO could sponsor an effort to collect all IMEs from all providers as they

come in. The CAO could advertise to the entire profession that they want

every IME (prospectively), and then keep them catalogued by provider. Then,

when there are enough bad exams from a particular DC offender, complain to

the OBCE.

For the MDs, we can compile statistics that can be used in court against

them and can also be presented to the legislature. Can you imagine the

mayhem when some orthopod or neurosurgeon who is simply padding his or her

retirement by screwing injured folks is confronted with the fact that he/she

have denied treatment 50 out 50 times? Bye-bye credibility. If we can pull

this together it will mark the deathknell of the crooked IME system, since

these guys won't be able to lie about their impartiality in court anymore.

, I hear that OTLA may have been doing this already. Can you find out

if they have a backlog of these reports? If not, perhaps we can approach

them about doing the same thing, since it would be in the best interests of

the client/patient as well as justice.

D Freeman

Mailing address: 2480 Liberty Street NE Suite 180

Salem, Oregon 97303

phone 503 763-3528

fax 503 763-3530

pager 888 501-7328

Re: FW: [otla] DME DR. (Coulter) BURIED

>

>

> >Doctors:

> >

> >I was waiting until Dan Gatti posted this message to comment on a great

> >experience I had yesterday. After meeting with Dan on Wednesday, he

> invited

> >me to attend the trial which is discussed in the message below. Little

did

> >I expect to see the fireworks we got at the end. It was literally like a

> >scene from Mason.

> >

> >Dan absolutely ripped this IME doctor apart. It was all too clear to the

> >jury that this was a typical screw job by a defense doctor and an

insurance

> >company. It is this type of legal work that I have been talking about

> >recently in my own practice; work which both helps your clients and

serves

> >an important purpose for the public. Every case you refer to the right

> >attorney has the capability of doing both.

> >

> >Dan Gatti has diligently worked to help this profession and its clients.

> He

> >has also subjected himself to a lot of hell in order to do the right

thing

> >for society by doggedly pursuing corrupt insurance, paper review and IME

> >companies. As many of you know, he also jeopardized his own livelihood

in

> >order to do the right thing for the public, which few people will do.

> >

> >In our discussion Wednesday, Dan and I talked about the fact that many

> >chiropractors continue to refer patients to lawyers who purport to like

> >chiropractors but behind closed doors stab us in the back. No

reasonable

> >professional supports a business who does not support them, or lacks

> respect

> >for them. Unfortunately, our profession continues to do this. Many of

us

> >will not invest in tobacco or drug stocks because we do not want to

support

> >causes contrary to our beliefs. Why is it then that we continue to

support

> >lawyers who do not like chiropractors, and do not actually support the

> >profession?

> >

> >Every case you send out to an attorney has the capacity to change your

> >practice. The accumulation of evidence of certain varieties of insurance

> >fraud will become clear to those of us willing to pursue it, and will be

> >wasted on those unwilling to fight to make sure you get paid properly.

In

> >cases who are sent for biased IMEs, your patients will continue to be

> >damaged until lawyers willing to confront them head on are consulted.

The

> >more we support plaintiffs lawyers who roll over for money instead of

> pursue

> >the case, the more powerful the insurance industry becomes, and the less

> >control you are afforded as a doctor. Unfortunately, many times you

never

> >know what major piece of evidence underlies even the simplest case in

your

> >office. This case was a perfect example; a minor accident which due to

an

> >excellent strategic move by Dan revealed a letter by an IME admitting

that

> >MCN was an " IME mill system, " and that he wanted access to a computer

> system

> >used by " 50% of MVA adjustors " (Colossus) designed specifically to lower

> >settlement amounts and counter biomechanical experts. Used in the

correct

> >way, this is evidence that will eventually make it easier to collect on

> >patient cases injured in low speed impacts. It is also important to

> >appreciate that the money incentive involved in IMEs was enough to make

> this

> >doctor perjure himself, which was later revealed by Defense counsel.

> >

> >Take the time to find out who you are sending your patients to for legal

> >representation. Sit down and have lunch with them and find out what they

> >know about you and your profession. Then make a choice as to whether you

> >are doing the right thing for yourself, your patients, your profession,

and

> >society by using that lawyer.

> >

> >Respectfully,

> >

> > DeShaw, D.C., J.D.

> >deshaw@...

> >www.doctorlawyer.net

> >

> >1001 SW 5th Avenue, Suite 1300

> >Portland, OR 97204

> >Phone (503) 227-1233

> >Fax (503) 227-2489

> >

> >> From: Gatti <saranno@...>

> >> Lawyers:

> >>

> >> Coulter, M.D., J.D., will not be used in the future by defense

> >> counsel--unless he or she is crazy--, and if any of you have Coulter

> >coming

> >> up soon, call Dan Gatti ASAP.

> >>

> >> I was in trial today on a glancing impact case (79 year old lady

changing

> >> lanes into my client) and I alleged a bulging disk and aggravation to

an

> >old

> >> fusion as a result of the $895 accident. Coulter testified, and just

as

> >he

> >> came into court, and before defense counsel could say object or review

> >> anything, I asked to review Coulter's file. In there, I found the

> smoking

> >> gun that turned a $4,500 offer into $50.000.

> >>

> >> In the doctor's file was a letter to defense counsel that talked about

> >some

> >> of the pl's facts, and then said the following:

> >>

> >> " I was impressed with Dan Gatti's thorough cross-examination on a

recent

> >> case

> >> for State Farm. He made a dent in the current IME mill system

> >particularly

> >> in cases seen at facilities such as MCN, Cascade and Western as

> >constituting

> >> nothing but a predetermined lynching of his clients...and got three

times

> >> the

> >> verdict he should have. Therefore, Gatti will be encouraged, so we

must

> >> carefully plan our counterstrategy, and become prepared for such

tactics

> >at

> >> an early conference at your office.

> >>

> >> " I see IME's in my own rented offices now in Eugene, so I can add my to

> my

> >> testimony that I have experience in seeing Plaintiff's counsel as well,

> >> helping to defang that approach. This is one of the reasons for my

> >decision

> >> to only see IME's in Oregon on direct referral to me personally. We

need

> >to

> >> check on Duff's qualifications and history (Coulter and Duff did the

DME

> >> together). Please get Duff's CV....for us so we don't enter into

> >something

> >> embarrassing by association. "

> >>

> >> Coulter then discusses some of why my client's not hurt, and says,

> " Tiley

> >> (my expert) will be a good witness for plaintiff as a long time

treating

> >> ortho and he is good at explaining things in layman's language. Tiley

> >> reported to Gatti.... " and then he goes on about Tiley's findings.

> Then

> >> Coulter writes:

> >>

> >> " I look forward to our pretrial conference, and if this does not

settle

> >on

> >> the basis of the predominate anti-claimant tenor of the accumulated

data,

> >> all

> >> imaging must be obtained for trial demonstration.

> >>

> >> " Thank you for your confidence and referrals. Please ask claims

> >supervisors

> >> to send me more of Allstate's and other insurers (my fees are

comparable,

> >> reasonable and I can be " contracted " --emphasis added--) for referrals

in

> >> Eugene for IME's, and I will be able to deflect plaintiff's counsel

when

> >> they

> >> attack the current IME system in court. I need to know more about

> >Colosssus

> >> software, now used by 50% of MVA adjusters and the data entered to get

> >> settlement amounts.......The expert defense witness is going to have to

> >have

> >> to be aware of more of the spectrum of computerized data relied upon to

> >> counter Plaintiff's biomechanical data/experts on low speed collisions

> >with

> >> soft tissue injuries in the future. If I can emphasize that the data

> >> entered

> >> into Colossus has statistical significance, and is ordinarily relied

upon

> >by

> >> neurosurgery experts we can defend a system saving the policyholder

money

> >> using Daubert and Frye standards of evidence. More cases are being

tried

> >by

> >> Gatti and others, and we must be one-up on the ways to win. "

> >>

> >> The doctor was not happy I found this letter. Neither was the defense

> >> lawyer. The doctor then testified that the defense lawyer did not

> receive

> >> the letter above, but another letter. A break was called. In

chambers,

> >the

> >> defense lawyer admitted that he had, in fact, received the letter but

> >> considered it " work product. "

> >>

> >> I gave the lawyer two choices. Pay policy limits, or I'd go for an

> excess

> >> against his insured. An hour later, limits were tendered.

> >>

> >> I will send a transcript of the proceedings to the OTLA brief bank

along

> >> with

> >> the letter mentioned. If you have Coulter coming up as a defense

expert

> >> soon, or if you're thinking of a settlement because of his

" Independent "

> >> opinion, reconsider. As I promised the doctor, over his objection,

this

> >is

> >> now a public record, and he's toast.

> >>

> >> Dan Gatti

> >>

> >> ---

> >> Search DepoConnect for depositions at

> >> http://www.depoconnect.com/

> >> You are currently subscribed to otla as: [chill@...]

> >> To unsubscribe, forward this message:

> >> leave-otla-27570E@...

> >>

> >>

> >>

> >>

> >>

> >>

> >>

> >

> >

> >

> >

> >

> >

>

>

>

>

>

>

[Guest guest]

,

I didn't want to put you on the spot by asking about the names of the firms.

But, I don't want to sound obtuse; I am just not sure who it is that you

think represents " glaring " examples of DC back-stabbers from the WC problem.

I was in the middle of it for a while, and it seems to me that the same

people who hate DCs still hate DCs, and the folk who worked with DCs still

work with DCs. So I think that somehow this info (and the basis for it so

that we don't trash anyone's reputation needlessly) needs to get out.

I certainly do not want to have anything to do with someone who looks at DCs

as a big payday while they are all chummy with folks who say we are quacks,

like this " special " judge you mentioned earlier. Do you have his name yet? I

think that every DC needs to know if this nitwit is sitting on one of their

cases. They can at least inform the attorney they are working with and get a

different and more impartial judge. This guy should lose his job.

D Freeman

Mailing address: 2480 Liberty Street NE Suite 180

Salem, Oregon 97303

phone 503 763-3528

fax 503 763-3530

pager 888 501-7328

Re: FW: [otla] DME DR. (Coulter) BURIED

> >

> >

> > > Doctors:

> > >

> > > I was waiting until Dan Gatti posted this message to comment on a

great

> > > experience I had yesterday. After meeting with Dan on Wednesday, he

> > invited

> > > me to attend the trial which is discussed in the message below.

Little

> > did

> > > I expect to see the fireworks we got at the end. It was literally

like

> a

> > > scene from Mason.

> > >

> > > Dan absolutely ripped this IME doctor apart. It was all too clear to

> the

> > > jury that this was a typical screw job by a defense doctor and an

> > insurance

> > > company. It is this type of legal work that I have been talking about

> > > recently in my own practice; work which both helps your clients and

> serves

> > > an important purpose for the public. Every case you refer to the

right

> > > attorney has the capability of doing both.

> > >

> > > Dan Gatti has diligently worked to help this profession and its

clients.

> > He

> > > has also subjected himself to a lot of hell in order to do the right

> thing

> > > for society by doggedly pursuing corrupt insurance, paper review and

IME

> > > companies. As many of you know, he also jeopardized his own

livelihood

> > in

> > > order to do the right thing for the public, which few people will do.

> > >

> > > In our discussion Wednesday, Dan and I talked about the fact that many

> > > chiropractors continue to refer patients to lawyers who purport to

like

> > > chiropractors but behind closed doors stab us in the back. No

> reasonable

> > > professional supports a business who does not support them, or lacks

> > respect

> > > for them. Unfortunately, our profession continues to do this. Many

of

> > us

> > > will not invest in tobacco or drug stocks because we do not want to

> > support

> > > causes contrary to our beliefs. Why is it then that we continue to

> > support

> > > lawyers who do not like chiropractors, and do not actually support the

> > > profession?

> > >

> > > Every case you send out to an attorney has the capacity to change your

> > > practice. The accumulation of evidence of certain varieties of

> insurance

> > > fraud will become clear to those of us willing to pursue it, and will

be

> > > wasted on those unwilling to fight to make sure you get paid properly.

> In

> > > cases who are sent for biased IMEs, your patients will continue to be

> > > damaged until lawyers willing to confront them head on are consulted.

> The

> > > more we support plaintiffs lawyers who roll over for money instead of

> > pursue

> > > the case, the more powerful the insurance industry becomes, and the

less

> > > control you are afforded as a doctor. Unfortunately, many times you

> never

> > > know what major piece of evidence underlies even the simplest case in

> your

> > > office. This case was a perfect example; a minor accident which due

to

> > an

> > > excellent strategic move by Dan revealed a letter by an IME admitting

> that

> > > MCN was an " IME mill system, " and that he wanted access to a computer

> > system

> > > used by " 50% of MVA adjustors " (Colossus) designed specifically to

lower

> > > settlement amounts and counter biomechanical experts. Used in the

> correct

> > > way, this is evidence that will eventually make it easier to collect

on

> > > patient cases injured in low speed impacts. It is also important to

> > > appreciate that the money incentive involved in IMEs was enough to

make

> > this

> > > doctor perjure himself, which was later revealed by Defense counsel.

> > >

> > > Take the time to find out who you are sending your patients to for

legal

> > > representation. Sit down and have lunch with them and find out what

> they

> > > know about you and your profession. Then make a choice as to whether

> you

> > > are doing the right thing for yourself, your patients, your

profession,

> > and

> > > society by using that lawyer.

> > >

> > > Respectfully,

> > >

> > > DeShaw, D.C., J.D.

> > > deshaw@...

> > > www.doctorlawyer.net

> > >

> > > 1001 SW 5th Avenue, Suite 1300

> > > Portland, OR 97204

> > > Phone (503) 227-1233

> > > Fax (503) 227-2489

> > >

> > > > From: Gatti <saranno@...>

> > > > Lawyers:

> > > >

> > > > Coulter, M.D., J.D., will not be used in the future by defense

> > > > counsel--unless he or she is crazy--, and if any of you have Coulter

> > > coming

> > > > up soon, call Dan Gatti ASAP.

> > > >

> > > > I was in trial today on a glancing impact case (79 year old lady

> > changing

> > > > lanes into my client) and I alleged a bulging disk and aggravation

to

> an

> > > old

> > > > fusion as a result of the $895 accident. Coulter testified, and

just

> as

> > > he

> > > > came into court, and before defense counsel could say object or

review

> > > > anything, I asked to review Coulter's file. In there, I found the

> > smoking

> > > > gun that turned a $4,500 offer into $50.000.

> > > >

> > > > In the doctor's file was a letter to defense counsel that talked

about

> > > some

> > > > of the pl's facts, and then said the following:

> > > >

> > > > " I was impressed with Dan Gatti's thorough cross-examination on a

> recent

> > > > case

> > > > for State Farm. He made a dent in the current IME mill system

> > > particularly

> > > > in cases seen at facilities such as MCN, Cascade and Western as

> > > constituting

> > > > nothing but a predetermined lynching of his clients...and got three

> > times

> > > > the

> > > > verdict he should have. Therefore, Gatti will be encouraged, so we

> must

> > > > carefully plan our counterstrategy, and become prepared for such

> tactics

> > > at

> > > > an early conference at your office.

> > > >

> > > > " I see IME's in my own rented offices now in Eugene, so I can add my

> to

> > my

> > > > testimony that I have experience in seeing Plaintiff's counsel as

> well,

> > > > helping to defang that approach. This is one of the reasons for my

> > > decision

> > > > to only see IME's in Oregon on direct referral to me personally. We

> > need

> > > to

> > > > check on Duff's qualifications and history (Coulter and Duff did the

> DME

> > > > together). Please get Duff's CV....for us so we don't enter into

> > > something

> > > > embarrassing by association. "

> > > >

> > > > Coulter then discusses some of why my client's not hurt, and says,

> > " Tiley

> > > > (my expert) will be a good witness for plaintiff as a long time

> treating

> > > > ortho and he is good at explaining things in layman's language.

Tiley

> > > > reported to Gatti.... " and then he goes on about Tiley's findings.

> > Then

> > > > Coulter writes:

> > > >

> > > > " I look forward to our pretrial conference, and if this does not

> settle

> > > on

> > > > the basis of the predominate anti-claimant tenor of the accumulated

> > data,

> > > > all

> > > > imaging must be obtained for trial demonstration.

> > > >

> > > > " Thank you for your confidence and referrals. Please ask claims

> > > supervisors

> > > > to send me more of Allstate's and other insurers (my fees are

> > comparable,

> > > > reasonable and I can be " contracted " --emphasis added--) for

referrals

> in

> > > > Eugene for IME's, and I will be able to deflect plaintiff's counsel

> when

> > > > they

> > > > attack the current IME system in court. I need to know more about

> > > Colosssus

> > > > software, now used by 50% of MVA adjusters and the data entered to

get

> > > > settlement amounts.......The expert defense witness is going to have

> to

> > > have

> > > > to be aware of more of the spectrum of computerized data relied upon

> to

> > > > counter Plaintiff's biomechanical data/experts on low speed

collisions

> > > with

> > > > soft tissue injuries in the future. If I can emphasize that the

data

> > > > entered

> > > > into Colossus has statistical significance, and is ordinarily relied

> > upon

> > > by

> > > > neurosurgery experts we can defend a system saving the policyholder

> > money

> > > > using Daubert and Frye standards of evidence. More cases are being

> > tried

> > > by

> > > > Gatti and others, and we must be one-up on the ways to win. "

> > > >

> > > > The doctor was not happy I found this letter. Neither was the

defense

> > > > lawyer. The doctor then testified that the defense lawyer did not

> > receive

> > > > the letter above, but another letter. A break was called. In

> chambers,

> > > the

> > > > defense lawyer admitted that he had, in fact, received the letter

but

> > > > considered it " work product. "

> > > >

> > > > I gave the lawyer two choices. Pay policy limits, or I'd go for an

> > excess

> > > > against his insured. An hour later, limits were tendered.

> > > >

> > > > I will send a transcript of the proceedings to the OTLA brief bank

> along

> > > > with

> > > > the letter mentioned. If you have Coulter coming up as a defense

> expert

> > > > soon, or if you're thinking of a settlement because of his

> " Independent "

> > > > opinion, reconsider. As I promised the doctor, over his objection,

> this

> > > is

> > > > now a public record, and he's toast.

> > > >

> > > > Dan Gatti

> > > >

> > > > ---

> > > > Search DepoConnect for depositions at

> > > > http://www.depoconnect.com/

> > > > You are currently subscribed to otla as: [chill@...]

> > > > To unsubscribe, forward this message:

> > > > leave-otla-27570E@...

> > > >

> > > >

> > > >

> > > >

> > > >

> > > >

> > > >

> > >

> > >

> > >

> > >

> > >

> > >

> >

> >

> >

> >

> >

>

>

[Guest guest]

Dear ,

Though somewhat disconcerting we again seem to be on the same

" brain-wave-link " Ha! This coming Thursday I am meeting with Ms. Beth

Bernard Executive Director of the OTLA and the lobbyist Mr. Alan Tresidder.

It is mostly a brain storming session regarding our concerns with the

carriers wishes to duplicate Colorado's PIP managed care law. But also the

meeting will be relative to paper reviews and the current IME system and

specifically stats that they have etc., should be a good meeting.

I agree with the collection of IME stats as per the CAO, however I am

somewhat concerned about the timeline as per the start of the next

legislative session.

Vern Saboe

Re: FW: [otla] DME DR. (Coulter) BURIED

>Vern,

>I think that the first thing to do is to complete a clearinghouse of IMEs

>like I am trying to do on these two DCs who do insurance exams. Perhaps the

>CAO could sponsor an effort to collect all IMEs from all providers as they

>come in. The CAO could advertise to the entire profession that they want

>every IME (prospectively), and then keep them catalogued by provider. Then,

>when there are enough bad exams from a particular DC offender, complain to

>the OBCE.

>For the MDs, we can compile statistics that can be used in court against

>them and can also be presented to the legislature. Can you imagine the

>mayhem when some orthopod or neurosurgeon who is simply padding his or her

>retirement by screwing injured folks is confronted with the fact that

he/she

>have denied treatment 50 out 50 times? Bye-bye credibility. If we can pull

>this together it will mark the deathknell of the crooked IME system, since

>these guys won't be able to lie about their impartiality in court anymore.

>, I hear that OTLA may have been doing this already. Can you find out

>if they have a backlog of these reports? If not, perhaps we can approach

>them about doing the same thing, since it would be in the best interests of

>the client/patient as well as justice.

>

>

>

> D Freeman

>Mailing address: 2480 Liberty Street NE Suite 180

>Salem, Oregon 97303

>phone 503 763-3528

>fax 503 763-3530

>pager 888 501-7328

> Re: FW: [otla] DME DR. (Coulter) BURIED

>>

>>

>> >Doctors:

>> >

>> >I was waiting until Dan Gatti posted this message to comment on a great

>> >experience I had yesterday. After meeting with Dan on Wednesday, he

>> invited

>> >me to attend the trial which is discussed in the message below. Little

>did

>> >I expect to see the fireworks we got at the end. It was literally like

a

>> >scene from Mason.

>> >

>> >Dan absolutely ripped this IME doctor apart. It was all too clear to

the

>> >jury that this was a typical screw job by a defense doctor and an

>insurance

>> >company. It is this type of legal work that I have been talking about

>> >recently in my own practice; work which both helps your clients and

>serves

>> >an important purpose for the public. Every case you refer to the right

>> >attorney has the capability of doing both.

>> >

>> >Dan Gatti has diligently worked to help this profession and its clients.

>> He

>> >has also subjected himself to a lot of hell in order to do the right

>thing

>> >for society by doggedly pursuing corrupt insurance, paper review and IME

>> >companies. As many of you know, he also jeopardized his own livelihood

>in

>> >order to do the right thing for the public, which few people will do.

>> >

>> >In our discussion Wednesday, Dan and I talked about the fact that many

>> >chiropractors continue to refer patients to lawyers who purport to like

>> >chiropractors but behind closed doors stab us in the back. No

>reasonable

>> >professional supports a business who does not support them, or lacks

>> respect

>> >for them. Unfortunately, our profession continues to do this. Many of

>us

>> >will not invest in tobacco or drug stocks because we do not want to

>support

>> >causes contrary to our beliefs. Why is it then that we continue to

>support

>> >lawyers who do not like chiropractors, and do not actually support the

>> >profession?

>> >

>> >Every case you send out to an attorney has the capacity to change your

>> >practice. The accumulation of evidence of certain varieties of

insurance

>> >fraud will become clear to those of us willing to pursue it, and will be

>> >wasted on those unwilling to fight to make sure you get paid properly.

>In

>> >cases who are sent for biased IMEs, your patients will continue to be

>> >damaged until lawyers willing to confront them head on are consulted.

>The

>> >more we support plaintiffs lawyers who roll over for money instead of

>> pursue

>> >the case, the more powerful the insurance industry becomes, and the less

>> >control you are afforded as a doctor. Unfortunately, many times you

>never

>> >know what major piece of evidence underlies even the simplest case in

>your

>> >office. This case was a perfect example; a minor accident which due to

>an

>> >excellent strategic move by Dan revealed a letter by an IME admitting

>that

>> >MCN was an " IME mill system, " and that he wanted access to a computer

>> system

>> >used by " 50% of MVA adjustors " (Colossus) designed specifically to lower

>> >settlement amounts and counter biomechanical experts. Used in the

>correct

>> >way, this is evidence that will eventually make it easier to collect on

>> >patient cases injured in low speed impacts. It is also important to

>> >appreciate that the money incentive involved in IMEs was enough to make

>> this

>> >doctor perjure himself, which was later revealed by Defense counsel.

>> >

>> >Take the time to find out who you are sending your patients to for legal

>> >representation. Sit down and have lunch with them and find out what

they

>> >know about you and your profession. Then make a choice as to whether

you

>> >are doing the right thing for yourself, your patients, your profession,

>and

>> >society by using that lawyer.

>> >

>> >Respectfully,

>> >

>> > DeShaw, D.C., J.D.

>> >deshaw@...

>> >www.doctorlawyer.net

>> >

>> >1001 SW 5th Avenue, Suite 1300

>> >Portland, OR 97204

>> >Phone (503) 227-1233

>> >Fax (503) 227-2489

>> >

>> >> From: Gatti <saranno@...>

>> >> Lawyers:

>> >>

>> >> Coulter, M.D., J.D., will not be used in the future by defense

>> >> counsel--unless he or she is crazy--, and if any of you have Coulter

>> >coming

>> >> up soon, call Dan Gatti ASAP.

>> >>

>> >> I was in trial today on a glancing impact case (79 year old lady

>changing

>> >> lanes into my client) and I alleged a bulging disk and aggravation to

>an

>> >old

>> >> fusion as a result of the $895 accident. Coulter testified, and just

>as

>> >he

>> >> came into court, and before defense counsel could say object or review

>> >> anything, I asked to review Coulter's file. In there, I found the

>> smoking

>> >> gun that turned a $4,500 offer into $50.000.

>> >>

>> >> In the doctor's file was a letter to defense counsel that talked about

>> >some

>> >> of the pl's facts, and then said the following:

>> >>

>> >> " I was impressed with Dan Gatti's thorough cross-examination on a

>recent

>> >> case

>> >> for State Farm. He made a dent in the current IME mill system

>> >particularly

>> >> in cases seen at facilities such as MCN, Cascade and Western as

>> >constituting

>> >> nothing but a predetermined lynching of his clients...and got three

>times

>> >> the

>> >> verdict he should have. Therefore, Gatti will be encouraged, so we

>must

>> >> carefully plan our counterstrategy, and become prepared for such

>tactics

>> >at

>> >> an early conference at your office.

>> >>

>> >> " I see IME's in my own rented offices now in Eugene, so I can add my

to

>> my

>> >> testimony that I have experience in seeing Plaintiff's counsel as

well,

>> >> helping to defang that approach. This is one of the reasons for my

>> >decision

>> >> to only see IME's in Oregon on direct referral to me personally. We

>need

>> >to

>> >> check on Duff's qualifications and history (Coulter and Duff did the

>DME

>> >> together). Please get Duff's CV....for us so we don't enter into

>> >something

>> >> embarrassing by association. "

>> >>

>> >> Coulter then discusses some of why my client's not hurt, and says,

>> " Tiley

>> >> (my expert) will be a good witness for plaintiff as a long time

>treating

>> >> ortho and he is good at explaining things in layman's language. Tiley

>> >> reported to Gatti.... " and then he goes on about Tiley's findings.

>> Then

>> >> Coulter writes:

>> >>

>> >> " I look forward to our pretrial conference, and if this does not

>settle

>> >on

>> >> the basis of the predominate anti-claimant tenor of the accumulated

>data,

>> >> all

>> >> imaging must be obtained for trial demonstration.

>> >>

>> >> " Thank you for your confidence and referrals. Please ask claims

>> >supervisors

>> >> to send me more of Allstate's and other insurers (my fees are

>comparable,

>> >> reasonable and I can be " contracted " --emphasis added--) for referrals

>in

>> >> Eugene for IME's, and I will be able to deflect plaintiff's counsel

>when

>> >> they

>> >> attack the current IME system in court. I need to know more about

>> >Colosssus

>> >> software, now used by 50% of MVA adjusters and the data entered to get

>> >> settlement amounts.......The expert defense witness is going to have

to

>> >have

>> >> to be aware of more of the spectrum of computerized data relied upon

to

>> >> counter Plaintiff's biomechanical data/experts on low speed collisions

>> >with

>> >> soft tissue injuries in the future. If I can emphasize that the data

>> >> entered

>> >> into Colossus has statistical significance, and is ordinarily relied

>upon

>> >by

>> >> neurosurgery experts we can defend a system saving the policyholder

>money

>> >> using Daubert and Frye standards of evidence. More cases are being

>tried

>> >by

>> >> Gatti and others, and we must be one-up on the ways to win. "

>> >>

>> >> The doctor was not happy I found this letter. Neither was the defense

>> >> lawyer. The doctor then testified that the defense lawyer did not

>> receive

>> >> the letter above, but another letter. A break was called. In

>chambers,

>> >the

>> >> defense lawyer admitted that he had, in fact, received the letter but

>> >> considered it " work product. "

>> >>

>> >> I gave the lawyer two choices. Pay policy limits, or I'd go for an

>> excess

>> >> against his insured. An hour later, limits were tendered.

>> >>

>> >> I will send a transcript of the proceedings to the OTLA brief bank

>along

>> >> with

>> >> the letter mentioned. If you have Coulter coming up as a defense

>expert

>> >> soon, or if you're thinking of a settlement because of his

> " Independent "

>> >> opinion, reconsider. As I promised the doctor, over his objection,

>this

>> >is

>> >> now a public record, and he's toast.

>> >>

>> >> Dan Gatti

>> >>

>> >> ---

>> >> Search DepoConnect for depositions at

>> >> http://www.depoconnect.com/

>> >> You are currently subscribed to otla as: [chill@...]

>> >> To unsubscribe, forward this message:

>> >> leave-otla-27570E@...

>> >>

>> >>

>> >>

>> >>

>> >>

>> >>

>> >>

>> >

>> >

>> >

>> >

>> >

>> >

>>

>>

>>

>>

>>

>>

>

>

>

>

>

>

[Guest guest]

:

I want to set up a time for people to come to my office and view the video

itself if they want. I have held off since it is difficult for many people

to attend meetings during the summer. Now that September is nearing, I will

set a date and I'll let you take a look at what actually happened. We can

maybe discuss these issues in more depth at that time.

I think that maybe my message got lost along the way. The point I hoped to

make was that we should look around at who is actively involved in helping

the profession, and then support them. There are several names who spring

to mind. Some of them pop up in this forum from time to time, giving us

great information about something that they have learned in the course of

their practice which might help a few doctors associated with this forum.

They are the same guys who use the information gained from your referrals to

do something bigger like sue State Farm for fraudulent paper reviews.

Again, I'm not talking about myself at all, because I don't think there is

much necessity in promoting myself as pro-chiropractic. It's kind of

obvious.

As an example of what I am talking about, there are guys like Tony

(who worked for Dan Gatti) who put a lot of time in for the profession and

didn't get enough referrals from us to maintain a solo practice in Oregon.

Instead of referring to people like Tony, the profession continued to refer

to firms who abandoned chiropractors when they didn't have enough money to

cover the hourly bills associated with the RICO cases in 1990. I don't

think that makes sense. The problem is that this continues. The purpose

of this discussion was just to make us consider the decisions that we make

and their effect on us as a profession. It would have been nice to have

another ally in business in Oregon instead of a guy who turns his back when

the money dries up.

As for the judge, I don't think that he would ever purport to like

chiropractors. He seems to be clearly on the side of the insurance

companies. Don't feel too bad, he obviously doesn't think much of people

from Mexico either.

Respectfully,

Deshaw, D.C., J.D.

Re: FW: [otla] DME DR. (Coulter) BURIED

> > >

> > >

> > > > Doctors:

> > > >

> > > > I was waiting until Dan Gatti posted this message to comment on a

> great

> > > > experience I had yesterday. After meeting with Dan on Wednesday, he

> > > invited

> > > > me to attend the trial which is discussed in the message below.

> Little

> > > did

> > > > I expect to see the fireworks we got at the end. It was literally

> like

> > a

> > > > scene from Mason.

> > > >

> > > > Dan absolutely ripped this IME doctor apart. It was all too clear

to

> > the

> > > > jury that this was a typical screw job by a defense doctor and an

> > > insurance

> > > > company. It is this type of legal work that I have been talking

about

> > > > recently in my own practice; work which both helps your clients and

> > serves

> > > > an important purpose for the public. Every case you refer to the

> right

> > > > attorney has the capability of doing both.

> > > >

> > > > Dan Gatti has diligently worked to help this profession and its

> clients.

> > > He

> > > > has also subjected himself to a lot of hell in order to do the right

> > thing

> > > > for society by doggedly pursuing corrupt insurance, paper review and

> IME

> > > > companies. As many of you know, he also jeopardized his own

> livelihood

> > > in

> > > > order to do the right thing for the public, which few people will

do.

> > > >

> > > > In our discussion Wednesday, Dan and I talked about the fact that

many

> > > > chiropractors continue to refer patients to lawyers who purport to

> like

> > > > chiropractors but behind closed doors stab us in the back. No

> > reasonable

> > > > professional supports a business who does not support them, or lacks

> > > respect

> > > > for them. Unfortunately, our profession continues to do this.

Many

> of

> > > us

> > > > will not invest in tobacco or drug stocks because we do not want to

> > > support

> > > > causes contrary to our beliefs. Why is it then that we continue to

> > > support

> > > > lawyers who do not like chiropractors, and do not actually support

the

> > > > profession?

> > > >

> > > > Every case you send out to an attorney has the capacity to change

your

> > > > practice. The accumulation of evidence of certain varieties of

> > insurance

> > > > fraud will become clear to those of us willing to pursue it, and

will

> be

> > > > wasted on those unwilling to fight to make sure you get paid

properly.

> > In

> > > > cases who are sent for biased IMEs, your patients will continue to

be

> > > > damaged until lawyers willing to confront them head on are

consulted.

> > The

> > > > more we support plaintiffs lawyers who roll over for money instead

of

> > > pursue

> > > > the case, the more powerful the insurance industry becomes, and the

> less

> > > > control you are afforded as a doctor. Unfortunately, many times you

> > never

> > > > know what major piece of evidence underlies even the simplest case

in

> > your

> > > > office. This case was a perfect example; a minor accident which

due

> to

> > > an

> > > > excellent strategic move by Dan revealed a letter by an IME

admitting

> > that

> > > > MCN was an " IME mill system, " and that he wanted access to a

computer

> > > system

> > > > used by " 50% of MVA adjustors " (Colossus) designed specifically to

> lower

> > > > settlement amounts and counter biomechanical experts. Used in the

> > correct

> > > > way, this is evidence that will eventually make it easier to collect

> on

> > > > patient cases injured in low speed impacts. It is also important to

> > > > appreciate that the money incentive involved in IMEs was enough to

> make

> > > this

> > > > doctor perjure himself, which was later revealed by Defense counsel.

> > > >

> > > > Take the time to find out who you are sending your patients to for

> legal

> > > > representation. Sit down and have lunch with them and find out what

> > they

> > > > know about you and your profession. Then make a choice as to

whether

> > you

> > > > are doing the right thing for yourself, your patients, your

> profession,

> > > and

> > > > society by using that lawyer.

> > > >

> > > > Respectfully,

> > > >

> > > > DeShaw, D.C., J.D.

> > > > deshaw@...

> > > > www.doctorlawyer.net

> > > >

> > > > 1001 SW 5th Avenue, Suite 1300

> > > > Portland, OR 97204

> > > > Phone (503) 227-1233

> > > > Fax (503) 227-2489

> > > >

> > > > > From: Gatti <saranno@...>

> > > > > Lawyers:

> > > > >

> > > > > Coulter, M.D., J.D., will not be used in the future by

defense

> > > > > counsel--unless he or she is crazy--, and if any of you have

Coulter

> > > > coming

> > > > > up soon, call Dan Gatti ASAP.

> > > > >

> > > > > I was in trial today on a glancing impact case (79 year old lady

> > > changing

> > > > > lanes into my client) and I alleged a bulging disk and aggravation

> to

> > an

> > > > old

> > > > > fusion as a result of the $895 accident. Coulter testified, and

> just

> > as

> > > > he

> > > > > came into court, and before defense counsel could say object or

> review

> > > > > anything, I asked to review Coulter's file. In there, I found the

> > > smoking

> > > > > gun that turned a $4,500 offer into $50.000.

> > > > >

> > > > > In the doctor's file was a letter to defense counsel that talked

> about

> > > > some

> > > > > of the pl's facts, and then said the following:

> > > > >

> > > > > " I was impressed with Dan Gatti's thorough cross-examination on a

> > recent

> > > > > case

> > > > > for State Farm. He made a dent in the current IME mill system

> > > > particularly

> > > > > in cases seen at facilities such as MCN, Cascade and Western as

> > > > constituting

> > > > > nothing but a predetermined lynching of his clients...and got

three

> > > times

> > > > > the

> > > > > verdict he should have. Therefore, Gatti will be encouraged, so

we

> > must

> > > > > carefully plan our counterstrategy, and become prepared for such

> > tactics

> > > > at

> > > > > an early conference at your office.

> > > > >

> > > > > " I see IME's in my own rented offices now in Eugene, so I can add

my

> > to

> > > my

> > > > > testimony that I have experience in seeing Plaintiff's counsel as

> > well,

> > > > > helping to defang that approach. This is one of the reasons for

my

> > > > decision

> > > > > to only see IME's in Oregon on direct referral to me personally.

We

> > > need

> > > > to

> > > > > check on Duff's qualifications and history (Coulter and Duff did

the

> > DME

> > > > > together). Please get Duff's CV....for us so we don't enter into

> > > > something

> > > > > embarrassing by association. "

> > > > >

> > > > > Coulter then discusses some of why my client's not hurt, and says,

> > > " Tiley

> > > > > (my expert) will be a good witness for plaintiff as a long time

> > treating

> > > > > ortho and he is good at explaining things in layman's language.

> Tiley

> > > > > reported to Gatti.... " and then he goes on about Tiley's

findings.

> > > Then

> > > > > Coulter writes:

> > > > >

> > > > > " I look forward to our pretrial conference, and if this does not

> > settle

> > > > on

> > > > > the basis of the predominate anti-claimant tenor of the

accumulated

> > > data,

> > > > > all

> > > > > imaging must be obtained for trial demonstration.

> > > > >

> > > > > " Thank you for your confidence and referrals. Please ask claims

> > > > supervisors

> > > > > to send me more of Allstate's and other insurers (my fees are

> > > comparable,

> > > > > reasonable and I can be " contracted " --emphasis added--) for

> referrals

> > in

> > > > > Eugene for IME's, and I will be able to deflect plaintiff's

counsel

> > when

> > > > > they

> > > > > attack the current IME system in court. I need to know more about

> > > > Colosssus

> > > > > software, now used by 50% of MVA adjusters and the data entered to

> get

> > > > > settlement amounts.......The expert defense witness is going to

have

> > to

> > > > have

> > > > > to be aware of more of the spectrum of computerized data relied

upon

> > to

> > > > > counter Plaintiff's biomechanical data/experts on low speed

> collisions

> > > > with

> > > > > soft tissue injuries in the future. If I can emphasize that the

> data

> > > > > entered

> > > > > into Colossus has statistical significance, and is ordinarily

relied

> > > upon

> > > > by

> > > > > neurosurgery experts we can defend a system saving the

policyholder

> > > money

> > > > > using Daubert and Frye standards of evidence. More cases are

being

> > > tried

> > > > by

> > > > > Gatti and others, and we must be one-up on the ways to win. "

> > > > >

> > > > > The doctor was not happy I found this letter. Neither was the

> defense

> > > > > lawyer. The doctor then testified that the defense lawyer did not

> > > receive

> > > > > the letter above, but another letter. A break was called. In

> > chambers,

> > > > the

> > > > > defense lawyer admitted that he had, in fact, received the letter

> but

> > > > > considered it " work product. "

> > > > >

> > > > > I gave the lawyer two choices. Pay policy limits, or I'd go for

an

> > > excess

> > > > > against his insured. An hour later, limits were tendered.

> > > > >

> > > > > I will send a transcript of the proceedings to the OTLA brief bank

> > along

> > > > > with

> > > > > the letter mentioned. If you have Coulter coming up as a defense

> > expert

> > > > > soon, or if you're thinking of a settlement because of his

> > " Independent "

> > > > > opinion, reconsider. As I promised the doctor, over his

objection,

> > this

> > > > is

> > > > > now a public record, and he's toast.

> > > > >

> > > > > Dan Gatti

> > > > >

> > > > > ---

> > > > > Search DepoConnect for depositions at

> > > > > http://www.depoconnect.com/

> > > > > You are currently subscribed to otla as: [chill@...]

> > > > > To unsubscribe, forward this message:

> > > > > leave-otla-27570E@...

> > > > >

> > > > >

> > > > >

> > > > >

> > > > >

> > > > >

> > > > >

> > > >

> > > >

> > > >

> > > >

> > > >

> > > >

> > >

> > >

> > >

> > >

> > >

> >

> >

>

>

>

>

>

[Guest guest]

Mike and Oregon DCs:

The Oregon Trial Lawyers Association has a two pronged response to the DME

issues. (They are referred to as defense medical exams, " DME's " , rather

than independent medical exams because most of them are not independent)

The first is a voluntary DME bank with materials on individual DME

doc's--reports, financial information, briefs, etc.--and on the exam

services. Matt Whitman has done much of the work cataloging and summarizing

the OTLA DME bank materials.

The second is the DME task force, headed by Tom D'Amore, which compiles

briefs and trial court orders, and assists attorneys who ask for assistance

when DME issues are raised. Educating attorneys about strategies for

dealing with the examination process is crucial to reforming the process.

This quarter's Trial Lawyer has several articles on DME's, including one Tom

and I coauthored.

You should also know that the Oregon Association of Defense Counsel probably

has a similar bank of treating providers and plaintiff's experts. Their

website lists such a page, as I recall. Insurers are also rumored to keep

track of certain providers, and harass those providers' patients by forcing

litigation.

Hill

Re: FW: [otla] DME DR. (Coulter) BURIED

Vern,

I think that the first thing to do is to complete a clearinghouse of IMEs

like I am trying to do on these two DCs who do insurance exams. Perhaps the

CAO could sponsor an effort to collect all IMEs from all providers as they

come in. The CAO could advertise to the entire profession that they want

every IME (prospectively), and then keep them catalogued by provider. Then,

when there are enough bad exams from a particular DC offender, complain to

the OBCE.

For the MDs, we can compile statistics that can be used in court against

them and can also be presented to the legislature. Can you imagine the

mayhem when some orthopod or neurosurgeon who is simply padding his or her

retirement by screwing injured folks is confronted with the fact that he/she

have denied treatment 50 out 50 times? Bye-bye credibility. If we can pull

this together it will mark the deathknell of the crooked IME system, since

these guys won't be able to lie about their impartiality in court anymore.

, I hear that OTLA may have been doing this already. Can you find out

if they have a backlog of these reports? If not, perhaps we can approach

them about doing the same thing, since it would be in the best interests of

the client/patient as well as justice.

D Freeman

Mailing address: 2480 Liberty Street NE Suite 180

Salem, Oregon 97303

phone 503 763-3528

fax 503 763-3530

pager 888 501-7328

Re: FW: [otla] DME DR. (Coulter) BURIED

>

>

> >Doctors:

> >

> >I was waiting until Dan Gatti posted this message to comment on a great

> >experience I had yesterday. After meeting with Dan on Wednesday, he

> invited

> >me to attend the trial which is discussed in the message below. Little

did

> >I expect to see the fireworks we got at the end. It was literally like a

> >scene from Mason.

> >

> >Dan absolutely ripped this IME doctor apart. It was all too clear to the

> >jury that this was a typical screw job by a defense doctor and an

insurance

> >company. It is this type of legal work that I have been talking about

> >recently in my own practice; work which both helps your clients and

serves

> >an important purpose for the public. Every case you refer to the right

> >attorney has the capability of doing both.

> >

> >Dan Gatti has diligently worked to help this profession and its clients.

> He

> >has also subjected himself to a lot of hell in order to do the right

thing

> >for society by doggedly pursuing corrupt insurance, paper review and IME

> >companies. As many of you know, he also jeopardized his own livelihood

in

> >order to do the right thing for the public, which few people will do.

> >

> >In our discussion Wednesday, Dan and I talked about the fact that many

> >chiropractors continue to refer patients to lawyers who purport to like

> >chiropractors but behind closed doors stab us in the back. No

reasonable

> >professional supports a business who does not support them, or lacks

> respect

> >for them. Unfortunately, our profession continues to do this. Many of

us

> >will not invest in tobacco or drug stocks because we do not want to

support

> >causes contrary to our beliefs. Why is it then that we continue to

support

> >lawyers who do not like chiropractors, and do not actually support the

> >profession?

> >

> >Every case you send out to an attorney has the capacity to change your

> >practice. The accumulation of evidence of certain varieties of insurance

> >fraud will become clear to those of us willing to pursue it, and will be

> >wasted on those unwilling to fight to make sure you get paid properly.

In

> >cases who are sent for biased IMEs, your patients will continue to be

> >damaged until lawyers willing to confront them head on are consulted.

The

> >more we support plaintiffs lawyers who roll over for money instead of

> pursue

> >the case, the more powerful the insurance industry becomes, and the less

> >control you are afforded as a doctor. Unfortunately, many times you

never

> >know what major piece of evidence underlies even the simplest case in

your

> >office. This case was a perfect example; a minor accident which due to

an

> >excellent strategic move by Dan revealed a letter by an IME admitting

that

> >MCN was an " IME mill system, " and that he wanted access to a computer

> system

> >used by " 50% of MVA adjustors " (Colossus) designed specifically to lower

> >settlement amounts and counter biomechanical experts. Used in the

correct

> >way, this is evidence that will eventually make it easier to collect on

> >patient cases injured in low speed impacts. It is also important to

> >appreciate that the money incentive involved in IMEs was enough to make

> this

> >doctor perjure himself, which was later revealed by Defense counsel.

> >

> >Take the time to find out who you are sending your patients to for legal

> >representation. Sit down and have lunch with them and find out what they

> >know about you and your profession. Then make a choice as to whether you

> >are doing the right thing for yourself, your patients, your profession,

and

> >society by using that lawyer.

> >

> >Respectfully,

> >

> > DeShaw, D.C., J.D.

> >deshaw@...

> >www.doctorlawyer.net

> >

> >1001 SW 5th Avenue, Suite 1300

> >Portland, OR 97204

> >Phone (503) 227-1233

> >Fax (503) 227-2489

> >

> >> From: Gatti <saranno@...>

> >> Lawyers:

> >>

> >> Coulter, M.D., J.D., will not be used in the future by defense

> >> counsel--unless he or she is crazy--, and if any of you have Coulter

> >coming

> >> up soon, call Dan Gatti ASAP.

> >>

> >> I was in trial today on a glancing impact case (79 year old lady

changing

> >> lanes into my client) and I alleged a bulging disk and aggravation to

an

> >old

> >> fusion as a result of the $895 accident. Coulter testified, and just

as

> >he

> >> came into court, and before defense counsel could say object or review

> >> anything, I asked to review Coulter's file. In there, I found the

> smoking

> >> gun that turned a $4,500 offer into $50.000.

> >>

> >> In the doctor's file was a letter to defense counsel that talked about

> >some

> >> of the pl's facts, and then said the following:

> >>

> >> " I was impressed with Dan Gatti's thorough cross-examination on a

recent

> >> case

> >> for State Farm. He made a dent in the current IME mill system

> >particularly

> >> in cases seen at facilities such as MCN, Cascade and Western as

> >constituting

> >> nothing but a predetermined lynching of his clients...and got three

times

> >> the

> >> verdict he should have. Therefore, Gatti will be encouraged, so we

must

> >> carefully plan our counterstrategy, and become prepared for such

tactics

> >at

> >> an early conference at your office.

> >>

> >> " I see IME's in my own rented offices now in Eugene, so I can add my to

> my

> >> testimony that I have experience in seeing Plaintiff's counsel as well,

> >> helping to defang that approach. This is one of the reasons for my

> >decision

> >> to only see IME's in Oregon on direct referral to me personally. We

need

> >to

> >> check on Duff's qualifications and history (Coulter and Duff did the

DME

> >> together). Please get Duff's CV....for us so we don't enter into

> >something

> >> embarrassing by association. "

> >>

> >> Coulter then discusses some of why my client's not hurt, and says,

> " Tiley

> >> (my expert) will be a good witness for plaintiff as a long time

treating

> >> ortho and he is good at explaining things in layman's language. Tiley

> >> reported to Gatti.... " and then he goes on about Tiley's findings.

> Then

> >> Coulter writes:

> >>

> >> " I look forward to our pretrial conference, and if this does not

settle

> >on

> >> the basis of the predominate anti-claimant tenor of the accumulated

data,

> >> all

> >> imaging must be obtained for trial demonstration.

> >>

> >> " Thank you for your confidence and referrals. Please ask claims

> >supervisors

> >> to send me more of Allstate's and other insurers (my fees are

comparable,

> >> reasonable and I can be " contracted " --emphasis added--) for referrals

in

> >> Eugene for IME's, and I will be able to deflect plaintiff's counsel

when

> >> they

> >> attack the current IME system in court. I need to know more about

> >Colosssus

> >> software, now used by 50% of MVA adjusters and the data entered to get

> >> settlement amounts.......The expert defense witness is going to have to

> >have

> >> to be aware of more of the spectrum of computerized data relied upon to

> >> counter Plaintiff's biomechanical data/experts on low speed collisions

> >with

> >> soft tissue injuries in the future. If I can emphasize that the data

> >> entered

> >> into Colossus has statistical significance, and is ordinarily relied

upon

> >by

> >> neurosurgery experts we can defend a system saving the policyholder

money

> >> using Daubert and Frye standards of evidence. More cases are being

tried

> >by

> >> Gatti and others, and we must be one-up on the ways to win. "

> >>

> >> The doctor was not happy I found this letter. Neither was the defense

> >> lawyer. The doctor then testified that the defense lawyer did not

> receive

> >> the letter above, but another letter. A break was called. In

chambers,

> >the

> >> defense lawyer admitted that he had, in fact, received the letter but

> >> considered it " work product. "

> >>

> >> I gave the lawyer two choices. Pay policy limits, or I'd go for an

> excess

> >> against his insured. An hour later, limits were tendered.

> >>

> >> I will send a transcript of the proceedings to the OTLA brief bank

along

> >> with

> >> the letter mentioned. If you have Coulter coming up as a defense

expert

> >> soon, or if you're thinking of a settlement because of his

" Independent "

> >> opinion, reconsider. As I promised the doctor, over his objection,

this

> >is

> >> now a public record, and he's toast.

> >>

> >> Dan Gatti

> >>

> >> ---

> >> Search DepoConnect for depositions at

> >> http://www.depoconnect.com/

> >> You are currently subscribed to otla as: [chill@...]

> >> To unsubscribe, forward this message:

> >> leave-otla-27570E@...

> >>

> >>

> >>

> >>

> >>

> >>

> >>

> >

> >

> >

> >

> >

> >

>

>

>

>

>

>