MCCATHERN, P.L.L.C. Dallas | Houston | San Antonio | Newport Beach mccathernlaw.com LEVI G. MCCATHERN, II PAUL A. GRINKE MANAGEMENT OF HIGH PROFILE AND CATASTROPHIC CLAIMS
Dec 18, 2015
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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L E V I G . M C C A T H E R N , I IP A U L A . G R I N K E
MANAGEMENT OF HIGH PROFILE AND CATASTROPHIC CLAIMS
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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CATASTROPHE DEFINED
• A sudden, disastrous event that draws media attention• Multiple plaintiffs
with life changing or life ending injuries• Emotionally
charged, sympathy evoking cases
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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PRACTICE FACILITY COLLAPSE
Sudden wind storm caused Dallas Cowboys’ practice facility to topple during rookie mini-camp in May 2009.
Falling debris severed the spinal cord of a team scout, leaving him paralyzed from the waist down, and broke another coach‘s neck. Ten other people were injured.
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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TAKE CARE OF YOUR PEOPLE
• Be respectful to those harmed• Repair client’s business relationships• Show natural concern and compassion for
claimants and their families’ well-being• Take sincere action• Develop and implement policies on post-accident
communications with:• an injured claimant• damaged property owners• the decedent's family
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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ACU BUS CRASH
In November 2011, a bus carrying Abilene Christian University students to a Texas children’s home for a weekend of missionary work lost control on a highway Friday and overturned, killing a 19-year-old student and injuring all 15 other people onboard, four of them critically.
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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SPECIALIZED COUNSEL STRATEGY
• Versed in applicable law:
• Preserve corporate and insurance assets• Focus on client’s interests and public perception• Understand how it will all play out in front of a jury
Contractual Insurance Discovery Evidentiary Privilege Liability Damages
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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WEST, TEXAS EXPLOSION
In April 2013, a fire at West Fertilizer Co. ignited stores of ammonium nitrate that detonated with the force of a small earthquake. Fifteen people died. Hundreds more were injured.
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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INVESTIGATION
Analyze all evidentiary sources
• Equipment• Documents, texts, emails• Witness statements• Photographs/video• Clothing/protective gear• Biological evidence• Fire evidence
Involve specialized
counsel immediatel
y
• Attorney client privilege• Work product doctrine• Control potential liabilities
• Preserve evidence• Avoid spoliation• Give timely legal notices
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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HUNTSVILLE CHAMBER OF COMMERCE
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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MEDIA RESPONSE
• First hours after a crisis are critical from a liability management standpoint
• Ensure that your client is in the best position to defend its interests
• Be respectful to those that have been harmed
• Portray your company as a good corporate citizen
• Rebuild your client’s image• News coverage may not be
nationwide, but still plays a vital role in influencing the community
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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LISTERIA OUTBREAK
In 2002, Pilgrim's Pride Corp. recalled 27.4 million pounds of ready-to-eat chicken and turkey products in the largest meat recall in the nation's history after testing found the presence of listeria monocytogenes. The bacteria causes an estimated 2,500 cases of flu-like illness and 500 deaths annually.
In 2011, Jensen Farms grew listeria-contaminated cantaloupe in an outbreak that killed 33 people nationwide and sickened hundreds more
MCCATHERN, P.L.L.C.Dallas | Houston | San Antonio | Newport Beach
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SETTLEMENT STRATEGY
Ensure the plaintiff or representative has authority to settle a claim and is competent
Do not jeopardize coverage with your own carriers or carriers who may owe you additional insurance Preserve subrogation rights and the ability to proceed against any other potentially culpable parties
Always have a non-admission of liability clause in the settlement agreement