On February 11, 2014, Nichole Rogers* was violently attacked in the waiting room of a children's hospital diabetes clinic. The attacker, a 16-year-old with a history of violence, inflicted severe injuries on Nichole, causing a traumatic brain injury (TBI) and PTSD. Nichole’s children, who witnessed the attack, were deeply traumatized, and her husband had to take on a caregiving role.
Security had previously agreed with the attacker's mother that the assailant would not be present at the clinic. However, this agreement was not enforced, and the attacker was able to enter the clinic and assault Nichole. The incident exposed severe lapses in security measures and highlighted systemic failures that put Nichole and her children at risk.
The case was brought against the children's hospital for negligent security. Randy Rozek’s security expert demonstrated an escalating pattern of violent behavior from the attacker's family that should have been identified and addressed by the clinic’s security. Despite insurance coverage of $26 million, the defendants refused to mediate, leading to a contentious trial.
*name changed
Key Challenges and Strategies:
1. Presenting A Difficult Client:
- Discover how to present a client who may seem difficult or unlikable, transforming their story to gain juror empathy and support.
2. Proving Negligent Security:
- Arguing systemic failures in security and demonstrating the hospital’s negligence in preventing the attack, despite prior warnings.
3. Challenging Medical Testimonies:
- Countering defense claims of “embellished” symptoms, and effectively cross-examine medical experts to reveal inconsistencies and biases.
4. Selecting and Influencing Jurors:
- Gain insights into the juror selection process and how to communicate a powerful message that resonates with jurors, ensuring they understand the gravity of the security failures and their impact on the victims.
5. Securing Full Compensation:
- Explore methods for arguing for comprehensive financial restitution, covering medical expenses, pain and suffering, loss of consortium, and emotional distress for all affected family members.
Learning Outcomes: Participants will learn how to:
- Apply Wilson’s Victim to Victor method to transform client narratives.
- Navigate complex legal challenges and systemic failures in cases involving institutional negligence.
- Connect emotionally with jurors to achieve substantial verdicts.
- Advocate effectively for clients with severe and ongoing injuries, ensuring they receive the justice and compensation they deserve.