Overview of COVID-19 Claims Thus Far
ASHRM CE Credit: 1
Domain: Claims & Litigation
This presentation will discuss the most effective way to investigate the COVID-19 story at each facility and clues as to how it will impact batch/ class action claims in the future.
Prior to February 2020, medical care providers and facilities implemented disaster/ emergency plans and infection control protocols anticipating an event such as COVID-19. Those plans succeeded in various degrees, giving birth to chain of command structures, refined statistical dashboards, PPE strategies and changes to longstanding protocols (sometimes by the hour). They say there are eight million stories in the naked city, and in 2020 they all involve COVID-19. These stories will be discussed from a clinical, risk management, legal and claims perspective. The evolving guidance, from a medical and risk management statistically triumphed. COVID-19 is rampant in society, but morbidity is down since March 2020 and outcomes have vastly improved. This Risk Management triumph holds the keys to the next event, combating the final surge that is rampaging across America this winter and defending the claims that will follow. Dr. Lustbader has been on the front lines throughout the crisis, and will offer your singular insight and guidance. Mr. Braverman and Mr. Brendel are currently defending scores of COVID-19 claims from New York to California, and will discuss the unique strategies to investigate and defend these claims and trigger the national and state immunities.
- • Identify three key learnings or challenges that arose during the pandemic for health systems
- • Discuss something good in healthcare that resulted from the pandemic (e.g. telemedicine, systems for disaster care, rapid vaccine development)
- • Describe the state of Covid-19 litigation and defense strategies
For questions regarding this webinar, contact ASHRMEd@aha.org
Michael Brendel is an Assistant Vice President for Sedgwick, located in the Melville, NY Professional Liability Claims office. Michael holds a Bachelor of Arts Degree in Business Management from State University of New York College at Old Westbury. Michael has been in the Insurance/Claims industry for nearly 30 years and for the past 21 years has been with been with Sedgwick managing Medical Malpractice claims. Prior to working at Sedgwick, Michael worked at CNA Insurance where he handled Complex General Liability, Labor Law and Commercial Auto claims.
Dana Lustbader, MD is Chief of the Dept. of Palliative Care for OPTUM’s ProHEALTH, a large multispecialty group serving 1.5 million people in the New York metropolitan area. She was the served Senior Medical Advisor for Aspire Health, helping to make it the nation’s largest home palliative care company. She was also the founder and Chief Medical Officer of ProHEALTH/OPTUM Supportive Care serving patients with multiple chronic conditions via home visits and telemedicine. Prior to this, Dr. Lustbader was the Director of ICU at Northwell Health working as an intensivist. She also founded the Dept. Palliative Medicine and its physician hospice and palliative medicine (HPM) training fellowship. During the COVID-19 pandemic, Dr. Lustbader answered a plea from the Governor and returned to work as an intensivist in the overwhelmed New York City hospitals. She is a Professor of Medicine at Northwell Hofstra School of Medicine and a nationally recognized expert in palliative care. She earned her medical degree from the University of Wisconsin-Madison School of Medicine, completed Internal Medicine training at New York University Medical Center and Critical Care Medicine Fellowship at St. Vincent's Hospital. Dr. Lustbader is triple board certified in Hospice and Palliative Care, Internal Medicine and Critical Care Medicine.
Dylan Braverman is a partner at Vigorito, Barker, Patterson, Nichols & Porter, LLP. He is the co-chair of the Firm's COVID-19 Litigation Department. He has repeatedly been awarded Super Lawyer designation, representing top 5% of the attorneys in NY. Dylan specializes in professional liability, medical malpractice, D&O, cyber, privacy, labor/ construction law, first responder defense, civil rights, RICO, USC 1983, fraud, first-party property, insurance coverage and security litigation. He regularly appears in both federal and state court. He has substantial trial and appellate experience. Dylan is the immediate ex-President of the Association of Healthcare Risk Management of New York ("AHRMNY"). He is also a member of the American Society for Healthcare Risk Management ("ASHRM"). He is a member of the New York State Medical Defense Bar Association ("NYSMDBA"). He is a Claims and Litigation Management ("CLM") fellow, and faculty for the American Conference Institute (“ACI”), specializing in COVID-19 and Long-Term Care and Senior Care liability. Dylan is a licensed New York firefighter, an AYSO Youth Soccer Commissioner in Chappaqua, NY and is active in several Community organizations in Harlem, New York.