dlucchese@glattys.com Partner DAVID R. LUCCHESE David R. Lucchese is a senior partner in the law firm of Galloway, Lucchese, Everson & Picchi, which specializes in the defense of complex and high damage medical malpractice cases. Education: University of California, Berkeley B.A., 1966 University of California School of Law at Davis J.D., 1969 Employment: Consultant, Assembly Majority Consultants, California Legislature, 1969-1970 Assistant, State Senate, Senator Peter H. Behr, 1971-1972 Deputy District Attorney, Alameda County, 1972-1975 Private practice, insurance defense, trial attorney, 1975 to date Trial Experience: Board Certification: Mr. Lucchese has for over 42 years tried to verdict over 86 civil cases (in 16 counties) in Northern California in state and federal courts, and 7 felony cases while earlier in the Alameda County District Attorney s office. In addition, he has also arbitrated multiple medical malpractice cases. Many medical malpractice trials and arbitrations were catastrophic in nature, where the damages were in the millions of dollars (present cash value). He has specialized in and defended perinatal and neonatal brain injury cases since 1982. Based on his extensive trial experience, Mr. Lucchese is a Diplomate in the American Board of Trial Advocates, the highest rank in ABOTA based on the number of jury trials he has tried; a rank held by less than three percent of the 6,200 ABOTA members nationally. Board Certified Civil Trial Advocate National Board of Trial Advocacy, July 1999 July 2019 Diplomate: American Board of Trial Advocates, a member since 1988 Fellow: Fellow: Member: American College of Trial Lawyers, 2001 present International Academy of Trial Lawyers, 2000 present California Medical-Legal Committee, 1986 present President of CMLC in 2014 and 2015 Association of Defense Counsel, Board of Directors, 1992-1993 The State Bar of California Alameda and Contra Costa County and American Bar Association Defense Research Institute
Listed In: America s Top 100 Attorneys, Northern California, Lifetime Achievement Award, 2016 The Best Lawyers in America, 1993 to 2018 Selected by The Best Lawyers in America as the Lawyer of Year in 2012, and again in 2017, in medical malpractice defense in the Oakland area. Selected by Best Lawyers as one of the Lawyers of the Year in 2018 in the defense of personal injury litigation in California. Northern California Super Lawyers, 2004 to 2016 In 2011 and 2015 listed by the San Francisco Chronicle as one of the Top Attorneys in San Francisco Top 100 Lawyers in Northern California, 2007 and 2008 Best Lawyers in Bay Area: Civil Litigation; in Bay Area Lawyer Magazine (September/October, 2005; January, February, 2006) Martindale-Hubbell Law Directory: AV rated Consultant: Mainstream Health, Inc., an obstetrical risk management company, 2005 to date Speaker and or Panel Member 3/17-18/16 Speaker Third Annual Neonatology and the Law Conference Las Vegas, NV Tropicana Speaker: Hot Spots in Neonatology Litigation and What to Expect in Neonatal Lawsuits 3/24-25/15 Faculty/Speaker/Panelist Neonatology 2015: Patient Care, Quality Improvement, Safety and the Law San Francisco, CA Hyatt Regency Speaker: You ve been sued now what?, Expert witnesses in neonatal malpractice cases, and Role of pediatric neurologists in establishing cause and timing of onset of brain injuries in newborns Panelist: Hitting the high points of disputes in neonatal lawsuits 2
9/19/14 Speaker/Participant 3/5-6/14 Faculty/Speaker 6 th Annual Perinatal Summit by Dignity Health Las Vegas, NV Aria Resort Mock Examination Examiner and/or defender of obstetrician and labor and delivery nurse in mock examination of perinatal brain injury cases. Neonatology and the Law Conference Las Vegas, NV Planet Hollywood Hotel Speaker: Hot Spots in Neonatology ; Speaker: Role of Expert Witnesses in Neonatology Litigation ; defense attorney in 3½ hour Mock Malpractice Trial wherein it was alleged that a neonatal nurse practitioner at a Level II hospital was negligent in her resuscitation of a depressed newborn (secondary to a placental abruption) defense verdict. 10/27/13 Faculty National Conference of the American Academy of Pediatrics Orlando, FL Hyatt Regency Orlando Hotel Mock Trial Defense attorney in three-hour Mock Malpractice Trial wherein it was allege that a community (Level 1) pediatrician was negligent in his resuscitation of depressed newborn (secondary to placental abruption) defense verdict. 10/25/13 Speaker Birth Injuries, the Law and Perinatal Safety Contemporary Forums Washington, DC Omni Shorham Hotel Topics: What Perinatal Providers Can Do to Reduce their Liability and Legal Implications of Advances in Fetal Heart Rate Interpretation. 9/26-28/13 Speaker Birth Injuries, the Law and Perinatal Safety Contemporary Forums Las Vegas, NV MGM Grand Hotel Topics: What Perinatal Providers Can Do to Reduce their Liability and Legal Implications of Advances in Fetal Heart Rate Interpretation. 4/6/13 Speaker California Medical Legal Committee Ritz Carlton Hotel Half Moon Bay, CA Topic: Pulling back the curtain on the Wizard of Oz Revealing the truth about plaintiff s expert witness. 3
1/28/13 Speaker Alta Bates Summit Medical Center Monthly meeting of perinatal and neonatal providers Berkeley, CA. Topic: Documentation of properly managed labor and delivery can prevent obstetrical lawsuits being filed, and if filed, easier to defend. 12/8/12 Speaker 9/27/12 Speaker NORCAP Educational Program San Francisco Grand Hyatt Hotel Topic: The Catastrophic Medical Malpractice Lawsuit Dignity Health s 4 th Annual Perinatal Summit Las Vegas, Mandalay Bay Hotel Topic: Perspective and Advise from Legal Counsel 9/15-27/11 Faculty, speaker, mock trial participant Medical Intelligence Corporation: Neonatology and the Law Las Vegas, NV, Monte Carlo Hotel Topics: The defense of a neonatal brain injury case and How to choose an expert in defending a neonatal medical malpractice case. Participant Defense attorney: The mock trial: neonatal neurological injury: when did the injury occur. 9/15-17/11 Speaker Catholic Healthcare West 3 rd Annual Perinatal Safety Summit Sacramento, CA Downtown Sheraton Hotel Topic: Defending Safe Care and Evidence-Based Practices 2/7/11 Speaker Obstetrical Executive Committee Alta Bates Summit Medical Center, Berkeley, CA Topic: Pitocin Induction and Augmentation of Labor: guidelines, protocols, and legal considerations. Paper Presented 4
Faculty and Speaker 2010 10/21 10/23/10 Medical Intelligence Corporation Birth Injury, The Law & Perinatal Safety Caesars Palace, Las Vegas, Nevada. Presentator: Topic: Defending the Brain Damaged Baby Case: Lessons Learned Mock Trial: Participated as the defense attorney in The Mock Trial: Fetal Brain Injury You Decide the presentation of opening statements, direct and cross-examination of liability and causation expert witnesses, and closing arguments in a fetal brain injury case. 6/10/10 6/12/10 Guest Speaker UC San Francisco, Department of Obstetrics and Gynecology, Antepartum Intrapartum Management Conference The Stanford Court Hotel, San Francisco, CA Topic: Defense of the Perinatal Brain Injury Case 2009 11/10/09 11/11/09 Co-chairman of Conference International Quality & Productivity Center (IQPC) Legal IQ Can the Delivery Team be Defended? 3 rd Obstetric Malpractice Conference: Cutting-Edge Techniques for Bringing and Defending Perinatal Brain Injury Cases. Swissôtel, Chicago, Illinois 5/2/09 Speaker Co-presenter Topic: How Effective Lawyers Use the Medicine to Win an Obstetric Neonatal Brain Injury Case Educational Program of East Bay Perinatology Medical Group Oakland, CA Topic: Second State of Labor and Fetal Heart Rate Monitoring 4/28/09 4/29/09 Co-chairman of Conference and Co-presenter International Quality & Productivity Center (IQPC) Legal IQ Defending the Delivery Team: Obstetric Malpractice: Lessons Learned in the Defense of Perinatal Brain Injury Cases San Francisco, CA Co-presenter of two preconference workshops: (1) How to Effectively Handle an Infant Brain Injury Case: Lessons from the Finest, and (2) Effective Strategies for Documenting and Disclosing Adverse Outcomes Co-presenter Topic: Effectively Using the Medicine to Defend the Delivery Team in a Neonatal Brain Injury Case 5
2/23/09 2/25/09 Co-chairman of Conference and Co-presenter International Quality & Productivity Center (IQPC) Legal IQ Defending the Delivery Team: Obstetric Malpractice: Lessons Learned in the Defense of Perinatal Brain Injury Cases Philadelphia, Pennsylvania 2008 12/13/08 Speaker Co-presenter of two preconference workshops: (1) How to Effectively Handle an Infant Brain Injury Case: Lessons from the Finest, and (2) Effective Strategies for Documenting and Disclosing Adverse Outcomes Co-presenter Topic: Effectively Using the Medicine to Defend the Delivery Team in a Neonatal Brain Injury Case NORCAP Educational Forum (2008) Nikko Hotel, Francisco, California. Topic: Medical Malpractice Lawsuits Today: The Perspectives of Experienced Plaintiff and Defense Attorneys." 6/17/08-6/20/08 Co-chairman of conference and co-presenter ACI 7 th Annual Advanced Forum on Preventing, Managing and Defending Claims of Obstetric Malpractice Hilton Boston Financial District Boston, Massachusetts 5/13/08 Speaker 3/13/08 Co-presenter Presentation of paper: The defense of the obstetrical malpractice case. Co-presenter with Dr. Nancy Roberts, and presentation of paper: Managing adverse outcomes in order to reduce litigation risk and mitigate damages Co-presenter with Attorney Kathleen Nastri of three hour presentation: The Attorney s Guide to Handling an Infant Brain Injury Case, from start to finish. SISCO Defense Panel Round Table Sutter Health University Sacramento, CA Topic: How can you lose, but win? Be creative in damages and beat the offset. Presentation of paper: The Defense Presentation of Damages at the Trial of a Severe Injury, Medical Malpractice Case California Allied for Patient Protection (CAPP) Sacramento, CA Topic: Medical Malpractice Lawsuits Today: the perspectives of experienced plaintiff and defense attorneys. 6
12/1/07 Speaker NORCAP Education Forum Monaco Hotel, San Francisco, CA Paper and presentation: Report from the litigation trenches: medical malpractice lawsuits and their defense in the MICRA environment - observations from 30 plus years of defending doctors 6/8/07 Faculty and Speaker 4/24/07 Speaker Antepartum and Intrapartum Management, presented by University of California at San Francisco Department of Obstetrics, Gynecology and Reproductive Sciences Grand Hyatt Hotel San Francisco, CA Speaker and presentation of paper: The Electronic Fetal Monitor An Attorney s Perspective Annual Membership Meeting of the Physicians Reimbursement Fund, Ltd. Mikado Hotel, San Francisco Speaker and presentation of paper: You do not want to be sued; but if you are, you will survive. Observations from 30 plus years of defending doctors. 3/31/07 Facilitator and Speaker 3/28/07 Speaker 3/19/07 Co-presenter MIEC Defense Counsel Seminar Silverado Resort Napa, California Speaker and presentation of paper: Causation in Medical Malpractice Community Hospital of the Monterey Peninsula Meeting of perinatal staff, obstetricians, anesthesiologists, and risk management Topic: Defense of the Obstetrical Malpractice Case 2007 Willis Healthcare Reinsurance Forum Renaissance Scottsdale Resort Scottsdale, Arizona Reducing the Risk of Perinatal Brain Injury: The Mainstream Health Solution 2/26/07 2/27/07 Chairman of conference, speaker and co-presenter Hilton Philadelphia City, Philadelphia, Pa. Advanced National Forum on Bariatric Surgery Malpractice Speaker and presentation of paper on Appropriate Pre-Op Preparation of the Patient. Speaker at workshop, and presenter of paper on Litigating a Bariatric Surgery Case. 7
9/15/06 9/16/06 Speaker 2006 NORCAL Mutual Insurance Company Hotel Nikko, San Francisco, California Defense Counsel Seminar Speaker and presentation of paper: Defending Obstetrical Malpractice Cases Current Trends 6/20/06 6/22/06 Chairman of conference, speaker, and co-presenter Park Hyatt Hotel, Philadelphia, Pennsylvania 5 th Advanced National Forum on Preventing, Managing and Defending Claims of Obstetric Malpractice Co-presenter with Dr. Frank Manning, and presentation of paper on Forceps and Vacuum Extraction: The need to minimize bad outcomes Speaker and presentation of paper on Adverse Outcomes: strategies for identifying, disclosing and documenting error Co-panelist with Kathleen Nastri, Bridgeport, Connecticut Attorneys Guide to Handling an Obstetric Malpractice Case from Start to Finish: experts, litigation strategies, damages, etc. 2/24/06 3/3/06 Co-panelist and presentation of paper University of California Defense Counsel Seminar Oakland, CA and Newport Beach, CA Paper: The Defense Presentation of Damages at the Trial of a Severe Injury, Medical Malpractice Case 1/5/06 Co-presenter 8/2/05 Speaker Optima Healthcare Insurance Services San Antonio Community Hospital, Upland, California Obstetrical Risk Management Seminar Issues and Solutions in Ob Malpractice Two Perspectives: The Clinician and the Defense Attorney Dameron Hospital, Stockton, California Lecture to perinatal physicians and nurses The Defense of the Obstetrical Malpractice Case 4/20/05 4/21/05 Co-chairman of Conference, Faculty and Speaker The Advanced Forum on Practices and Procedures to Minimize the Risk of Charges of Obstetrical Malpractice Swissôtel, Chicago, Illinois Speaker and presentation of paper Topic: You Can Successfully Defend An Obstetric Malpractice Case Moderator of panel of judges Topic: Judicial Advice on proving the obstetrical case; what works and what doesn t. Panelist Topic: Family physicians, obstetricians, hospitals and nurses: what is the responsibility along the continuum of obstetric care? 8
4/2/05 Program Facilitator and Panelist 12/3/04 Co-presenter MIEC Defense Counsel Seminar Silverado Resort, Napa, California Topic: Damage Control: The Defense Perspective Association of Defense Counsel of Northern California and Nevada Annual Meeting: Champions of the Courtroom Topic: Closing Arguments in a Medical Malpractice Case 10/26-28/04 Co-chairman of Conference, Faculty, Speaker, and Co-workshop Director The Advanced Medical-legal Guide to Reducing the Risk of Obstetric Malpractice Grand Floridian Resort, Orlando, Florida Topic: Other Potential Causes of Fetal Brain Damage: Congenital, Infectious, Metabolic, Blood Disorders and Genetic Defects Topic: Family Physicians, Obstetricians, Midwives and Nurses: What are the Responsibilities along the Continuum of Obstetric Care? Workshop: How to Document and Disclose Adverse Outcomes: Effective Strategies for Every Obstetrician and Medical Malpractice Attorney 3/8 & 3/9/04 Co-chairman of Conference, Faculty, Speaker, and Panelist Reducing the Risk of Obstetric Malpractice San Francisco, CA Topic: Other Potential Causes of Brain Damage: Infection, Metabolic and Blood Disorders and Genetic Defects. Topic: Family Physicians, Obstetricians, Midwives and Nurses: Responsibility Along the Continuum of Obstetric Care. 2/19/04 Faculty and Masters in Trial American Board of Trial Advocates San Francisco, CA Topic: Examination of the Defense Neuropsychiatrist 11/20/03 Faculty and Speaker 3/6/03 Speaker Reducing the Risk of Obstetric Malpractice Philadelphia, PA Topic: Other Potential Causes of Brain Damage: Infection, Metabolic and Blood Disorders and Genetic Defects California Society for Healthcare Management Emeryville, CA Topic: Managing the Catastrophic Injury Case 9
10/21/02 Speaker 10/19/02 Speaker TIG Specialty Insurance Napa, California 12/08/01 Co-Panelist 11/19/01 Speaker 5/4/01 Speaker 10/25/00 Speaker 6/20/00 Speaker 5/22/00 Speaker Topic: Obstetrical Malpractice Cases Litigation Education Retreat Northwest Physicians Mutual Insurance Company Cooperative American Physicians, Inc. Pleasanton, California Topic: The Malpractice Lawsuit: Fact and Fiction Norcap Educational Forum Pan Pacific Hotel, San Francisco, California Topic: Surviving Malpractice Litigation Alta Bates Medical Center Obstetrical Grand Rounds Alta Bates Medical Center, Berkeley, California Topic: You Do Not Want to be a Defendant in a Birth Injury Case Association of Defense Counsel of Northern California and Nevada and the California Medical Association, A Meeting of the Minds, A Medical/Legal Training Seminar for the Legal and Medical Professions, San Francisco, California Topic: How to Survive Litigation for Physicians Oral Maxillofacial Surgery Patient Care Association Annual Meeting, Oakland, California Topic: Advise for Avoiding Third Molar/Lingual Nerve Injury Litigation East Bay Perinatal Medical Associates Summit Medical Center, Oakland, California Topic: Informed Consent in Obstetrics American College of Obstetricians and Gynecologists San Francisco, California Topic: A Mock Trial: Tales from the Witness Chair 2/28/00 2/29/00 Co-Chairman of Conference, Faculty and Speaker: The Advanced Forum on Complex Medical Malpractice Claims New York, New York Speaker and presentation of paper on Nursing Malpractice: Liabilities/Practical Solutions 10
06/02/99 Speaker 01/25/99 Speaker 09/27/97 Panelist 02/12/97 Speaker 03/13/93 Visiting Faculty 12/12/92 Faculty 12/04/92 Speaker Norcal Mutual Insurance Company San Francisco, California Topic: The Defendant Doctor as a Witness and Participant in a Medical Malpractice Trial Medical Staff, Marin General Hospital Greenbrae, California Topic: The Defense of Medical Malpractice Cases Norcal Mutual Insurance Company Seminar Los Angeles, California Topic: Plaintiffs Expert Witnesses California Medical Association, Committee on Legislation CAP/MPT Headquarters, Los Angeles, California Topic: Contractual Arbitration of Medical Malpractice Meeting: Obstetrical Anesthesia, 1993 Department of Anesthesia, UCSF Grand Hyatt Hotel, San Francisco, California Topic: Avoiding Lawsuits 03/28/92 Panel Moderator 46 th Postgraduate Assembly in Anesthesiology The New York State Society of Anesthesiologists New York, New York Topic: Mock Anesthesia Malpractice Trial Association of Defense Counsel of Northern California San Francisco, California Topic: Trial of the Sensitive Injury Case MIEC Defense Counsel Seminar Carmel, California 03/21/92 Visiting Faculty Topic: Laws and Legislation Impacting Medical Malpractice Cases Obstetrical Anesthesia 1992 meeting Department of Anesthesia, UCSF Grand Hyatt Hotel, San Francisco, California Topic: Mock Medical Malpractice Trial 11
12/05/91 Panel Member 06/25/91 Speaker Association of Defense Counsel Annual Meeting San Francisco, California 03/16/91 Visiting Faculty 02/22/91 Speaker Topic: Honey, I Shrunk the Damages: Reducing Economic Damages in Major Injury Cases Monthly Meeting Department of Ob-Gyn Merritt Hospital, Oakland, California Topic: Defense of the Obstetrical Malpractice Case Obstetrical Anesthesia 1991 meeting Department of Anesthesia, UCSF Grand Hyatt Hotel, San Francisco, California Topic: Legal Implications of Obstetrical Anesthesia The Association of Defense Counsel of Northern California, Seminar Fairmont Hotel, San Jose, California Topic: How to Slice the Blue Sky out of Economic Damages: Handling the Large Damage Case 10/10/90 Faculty and Speaker Congress of American College of Surgeons San Francisco Hilton, San Francisco, California Topic: When Should a Physician Settle? 06/03/89 Faculty and Speaker Non-Ionic Contrast: Practical Issues Educational Symposia, Inc. Mark Hopkins Hotel, San Francisco, California Topic: The Medical-Legal Implications of Non-Ionic Contrast Media 05/20/88 05/21/88 Panel Member Seminar for Defense Counsel on Medical Injury Compensation Reform Act (MICRA) Los Angeles Marriott Hotel (5/20/88) San Francisco Airport Hilton (5/21/88) 10/25/86 Panel Member 10/24/86 Speaker Topic: The Role of Annuities in the Trial of Catastrophic Injury Cases Annual Meeting of Association of Defense Counsel of Northern California, Bank of America Auditorium, San Francisco, California Topic: Selection, Preparation and Depositions of Expert Witnesses Obstetrical Grand Rounds, Stanford University Medical Center, Stanford, California Topic: Defending the Obstetrician in Medical Malpractice Lawsuits 12
06/17/86 Speaker 05/10/86 Speaker 11/11/85 Speaker 10/26/85 Panel Member 09/19/83 Speaker 11/82 Speaker: 3-day seminar, Medical Legal Issues in Obstetrics, presented by Contemporary Forums Sheraton Plaza Hotel, San Francisco, California Topic: Defending the Obstetrician or the Nurse: Techniques and Strategy Truck Insurance Exchange, Annual Meeting Viscount Hotel, Los Angeles, California Topic: Handling of Collateral Sources in Medical Malpractice Actions Obstetrical Grand Rounds, Mt. Zion Hospital San Francisco, California Topic: Defending the Obstetrical Malpractice Case Truck Insurance Exchange, Annual Seminar Viscount Hotel, Los Angeles, California Topic: Defending the Birth Defects Case Meeting of Obstetricians and Gynecologists of Alameda/Contra Costa Medical Association, Oakland, California Topic: Obstetrical Malpractice Meeting of Medical Malpractice Defense Attorneys Silverado Country Club, Napa, California. Topic: Defending the Bad Baby Case Publications Lucchese, D.R., Picchi, J.S. Defending the Bariatric Malpractice Lawsuit, For The Defense (DRI) June, 2008; 50(6):38-42. Lucchese, D.R. Defending the Perinatal Brain Injury Lawsuit, For The Defense (DRI) November 2007; 49(11): 65-83. Lucchese, D.R. Adverse Verdicts in Catastrophic Medical Malpractice Cases what are the options for defense counsel?, ADC Defense Comment (Fall 2006); 21(3):17-21. Lucchese, D.R. Pretrial and Trial Factors Affecting the Jury Verdict in a Medical Malpractice Case, Risk Reporter (July-August 2006); 18(4): 1-10. Lucchese, D.R. How to Survive Litigation, The Bulletin of the Santa Clara County Medical Association (February 2002); 8(2):16-17. Lucchese, D.R., Eikman, S.A. The Medical Legal Implication of Contrast Agent Use, Applied Radiology 1989 December; 18(12): 36-37. 13