Donahoe Kearney - June 2020

Donahoe Kearney - June 2020

BRIEF

donahoekearney.com

June 2020

MOVING WITH CONFIDENCE INTO AN UNCERTAIN WORLD What Really Matters Is After Graduation

With the start of June, most students are now officially starting summer break, even if it doesn’t seem much different than the last couple of months. Normally graduation season would be in full swing. I know a lot of parents are disappointed that their kids won’t be in a graduation ceremony. If I had a grad this year, then I would be too. Let’s face it, it’s always about us parents — our parties, our graduates, our memories. Someone asked me recently whether I had any advice for students graduating this year, and whether it was different because of the coronavirus. As someone who has been through that stage of life, I know those ceremonies and parties are only a small part of what’s actually worth getting excited about. Even in the wake of the coronavirus pandemic, you can still seize new opportunities and make the most of your transition to the next chapter of your life. Look, the last few months have given you a rare and valuable opportunity to see and imagine a whole new way of doing things; how people react to difficult times; how people work together to help others; how people value community, health, freedom; and of course, what we can control and what we can’t. Graduation is a fresh start. I can remember my high school graduation and the excitement I felt about really starting my life. I told myself that I would make the most out of college. I wasn’t going to a fancy top-ranked school, but I was determined to make the most of it. I felt that same excitement when I graduated from college and law school, but it was nothing like that first graduation. I was moving into a world full of new possibilities. When I graduated high school, I wasn’t nervous about my next steps — though I can understand why a lot of graduates would be. Even though I had a lot of confidence, I still didn’t know exactly where I was going in life. I can relate to a lot of graduates in that regard. While I had a general vision of what I wanted my life to eventually be like, I didn’t have every step of it planned out when I was 18, or even when I was 22. All I knew was that I was going to make the most out of any opportunity that came my way.

So take the opportunity to be in charge of your own education. No one has to tell you how to think or what you should do. Think about it. With the amount of information and technology we have now, why can’t you take a class you’re interested in held anywhere in the world? Better yet, why can’t you teach a class or coach or tutor someone? I guarantee there is someone out there who would love to know what you know. Don’t be afraid to try new things, take calculated risks, or do things that are hard. Sometimes that means you have to trust your gut. I took two years of Russian in college in case I decided to go into military intelligence (I ended up infantry, where I barely needed English). And we went from copying Russian alphabet letters to reading Tolstoy in his native language. After the first year, I was the only one left in the class. After the second year, no one was left. Of course, the Cold War ended soon after that, and I haven’t used Russian since I took those classes. But that’s okay. It’s all part of discovering the path before you. In a way, because of the uncertainty brought on by the coronavirus pandemic, some of you reading this might feel like a new graduate. You might be unsure about your next steps or maybe excited for a future that looks different than it did a few months ago.

My advice? Go for it.

-Frank Kearney

202.393.3320 • 1

Published by The Newsletter Pro • www.TheNewsletterPro.com

‘THE VERDICT’

M O V I E R E V I E W

In “The Verdict,” Frank Galvin is not in a good space. His law practice is in trouble, his reputation is well on its way to ruin, and he is literally down to one client. His life has become distilled to this one case, and the entire thing hinges on an expert witness: a doctor who is willing to say that a catastrophic injury (in this case, the woman was completely incapacitated due to asphyxia, a lack of oxygen to her brain) was the result of malpractice. With this expert witness, Galvin’s case should have provided the jury a solid link between the injury and the malpractice. This doctor, however, was their entire case, and it completely fell apart when the doctor went missing and then pulled out of the case entirely. Even though it was clear that the victim’s injury was caused by malpractice, it was impossible to prove without the expert witness, and Galvin didn’t have enough time to prepare another expert. On top of that, Galvin had taken up with a mole, who was employed by the defense counsel to leak information. He was not in a good place. With his sharp blue eyes and eagle-like demeanor, Galvin easily conveyed his false confidence, but in reality, he was completely screwed. Here’s where Frank Galvin went wrong ( and we see a lot of lawyers make these mistakes in real life): First, lawyers should always have more than one expert in line. For a complicated injury like the one portrayed in “The Verdict” (brain damage from asphyxia due to an error with anesthesia), Galvin definitely should have had more than one expert. In many of our medical malpractice cases, we have 10 or 12 different doctors (at least) testify on every aspect of the case. And we vet our doctors carefully to make sure they are trustworthy, reliable, and credible; it just doesn’t work to have someone who just “disappears” in the middle of the case.

Galvin also had an issue because he was trying to handle the case all on his own, without any type of co-counsel — he was a true solo practitioner. At Donahoe Kearney, we have two board-certified trial attorneys covering the case, constantly conferring on strategy with a network of consultants we use “behind the scenes” as support. The good news is that Frank Galvin pulled a rabbit out of his hat. But we won’t spoil it for you — you should watch it for yourself! “The Verdict” was filmed in 1982, so you might have trouble finding it, but if you can get your hands on it, then it’s definitely worth the watch! -Brooke Birkey

2 • DONAHOEKEARNEY.COM

Published by The Newsletter Pro • www.TheNewsletterPro.com

In a catastrophic injury case, you only get one shot at helping your family. So don’t trust a guy like Frank Galvin in "The Verdict." In real life, you are going to need a legal team that understands what you and your family are going through — one that is experienced, has a history of successful verdicts and settlements, and works with reliable doctors and medical experts. And remember, these injuries often are caused by systems failures at a management level. "The Patient’s Guide" explains all of this — just call and we’ll send you a free copy.

202.393.3320 • 3

Published by The Newsletter Pro • www.TheNewsletterPro.com

CLIENT SUCCESS STORY NELSON ALMANSA

Nelson Almansa is originally from Colombia and had a great life there with his wife and two kids. He owned two boutique men’s clothing stores and ran a small factory. But things started to change when he separated from his wife and split custody of their two children. Before long, one child was living in Colombia and one in America. Nelson knew that he didn’t want this to be a long-term situation. So he moved to America to be close to both of his daughters, Vanesa and Karen. Today, Vanesa and Karen are both grown. Nelson’s voice is filled with pride when he speaks of them. But moving to America was a tough, big change. “I was crazy for a little while,” he said with a laugh. Initially, he thought he would be in America for a year and would go back and forth between America and Colombia.

Like most people, Nelson didn’t know much about hiring an attorney when he got hurt. But he soon learned that the insurance company was going to use its considerable power to limit his benefits. From the time he met Frank, Nelson knew that things were going to be different. He said, “For the first time, I feel like someone is helping me, like I have protection. When I came to the office, I knew it was different. I have rights, and the insurance company can’t force me to go back to work. I was referred to Mr. Kearney, and soon the insurance started paying me. Before that, I didn’t get paid for eight months, and I had to use my savings to survive.” It was like a weight being lifted off of his shoulders so Nelson could focus on his recovery. And that recovery from a serious injury would take a couple of years. Like a lot of our clients, Nelson was eager to get back to work. He was worried about losing his job and was anxious that even with benefits, he wouldn’t be making enough money. So, when his doctor returned him to light duty, he went back to work even though his job didn’t really have a light-duty position. He tried but just couldn’t continue working like he had before. I asked Nelson if he has any advice for other people who are going through a serious injury case. He said, “I trusted Mr. Frank, and I knew that I had a real injury. So I just kept putting one foot in front of the other. In the end, the difference between what the insurance company initially offered me and what Frank won on appeal was $90,000.” Nelson’s case settled after three years, and he was able to put that money toward retirement and now lives part time in Clearwater, Florida. He spends his retirement enjoying time with his family, especially his grandchildren.

That was 40 years ago.

Nelson chuckled as he told me, “I go back to Colombia every five or six years, but I consider America to be my home.” When he moved to America, Nelson became a banquet waiter for an exclusive hotel known for exceptional service. Hustling to serve a dining room customer and carrying a heavy load of trays, he slipped on water from a leak in the kitchen that the hotel hadn’t fixed. He fell backward and hurt his lower back, ending up with sciatica, among other issues, and all kinds of problems with the insurance company. Unfortunately, it’s pretty common for the insurance company to take advantage of someone who doesn’t have a lawyer. Individuals just can’t compete with an insurance company on their own. "For the first time, I feel like someone is helping me, like I have protection. When I came to the office, I knew it was different. I have rights, and the insurance company can’t force me to go back to work. I was referred to Mr. Kearney, and soon the insurance started paying me. Before that, I didn’t get paid for eight months, and I had to use my savings to survive."

4 • DONAHOEKEARNEY.COM

Published by The Newsletter Pro • www.TheNewsletterPro.com

ANNALEE ASH ON FINDING YOUR STRENGTHS

Thanks to everyone who has attended our virtual town hall and our series of video interviews discussing ways we can all stay positive and healthy and get stuff done during the coronavirus quarantine. We discovered that one of our clients, Annalee, has a great deal of experience looking for the positive through her work as a StrengthsFinders coach. Here’s what Annalee has to say about focusing on the positive in people and leveraging their strengths! What if I told you you’re not one in a million but one in 33 million! And what if I told you that you really can’t be anything you want to be, but you can be more of who you really are! Research tell us that globally, only 33% of those who are employed are engaged in their work. Over four decades of research, 2 million global interviews, billions of pieces of >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6

donahoekearney.com

Made with FlippingBook Learn more on our blog