Recent Cases, Speeches and Articles

July 2011

William F. Cunningham to speak at ACI
10th Annual Advanced Forum on Obstetric Malpractice at the Union League in Philadelphia presented by the American Conference Institute

Obstetric malpractice cases are extremely difficult to litigate. In order to effectively examine and cross-examine the expert witnesses retained in these cases, lawyers must understand the technical details and medical jargon that are inherent in this
field of medicine. Moreover, lawyers must master the litigation techniques and strategies that are specific to obstetric malpractice cases.

“This conference provides an opportunity for attorneys who handle these cases to share thoughts with doctors who are expert in their fields and discuss common problems encountered in defending these cases”’ Cunningham said.

Mr. Cunningham’s topic to be addressed in the interactive workshop on 7/28/2011 is entitled “Successfully Litigating an Obstetric Malpractice Case from Start to Finish” and will cover:

  • Investigating the facts concerning liability, causation, and damages: What is relevant?
  • Ensuring that the client is prepared for trial
  • Preparation of trial briefs and motions in limine
  • Overcoming the challenges of representing the Institutional client
  • Jury selection
  • Effective use of exhibits
  • Final arguments
  • Making the case for or against damages
    • What types of damages and how much?
    • Using damages experts
  • Settlement considerations – strategies for success

Mr. Cunningham is one of nine attorneys that have formed Defense Unlimited Group. These experienced trial lawyers from across the United States specialize in trying cases for doctors, hospitals and the medical profession that involve catastrophic injury. They have enhanced their ability to handle these cases by networking within the group to achieve the maximum defense in each case. Others from Defense Unlimited Group who will be addressing other topics at the conference include Joseph A. Farchione, Jr., of Sutter, O’Connell & Farchione in Cleveland, OH; John M. Fitzpatrick of Wheeler, Trigg, O’Donnell in Denver, CO; John E. Hall, Jr., of Hall, Booth, Smith & Slover in Atlanta, GA; and Andrew S. Kaufman of Kaufman, Borgeest & Ryan in New York, NY. The other attorneys in Defense Unlimited Group are James R. Broening of Broening, Oberg, Woods & Wilson in Phoenix, AZ; Mark V. Franzen of Carroll, Kelly, Trutter, Franzen & McKenna in Long Beach, CA; John Hart of Hoffman, Hart & Wagner in Portland, OR; and Charles W. Fisher of Kitch, Drutchas, Wagner, Valitutti & Sherbrook in Detroit, MI.

Information on the entire conference on July 27 – 28 at the Union League in Philadelphia can be found at This conference brings together the nation’s leading defense counsel, healthcare professionals, risk managers, and insurance professionals to discuss the latest litigation and claims trends, new theories of liability, emerging defense and damage mitigation strategies, cutting-edge technologies and techniques, and evolving standards of care in obstetrics.

Special Note: Friends of CMV may register for the conference and obtain a $500 discount (pay just $1795 instead of $2295) by contacting Brett Brumberger by phone at 212-352-3220 ext. 5477 or by email at You must mention the CMVLAW website in order to receive the discount.