Serve as coordinating and trial counsel for a large retailer for Complex Regional Pain Syndrome (“CRPS”), traumatic brain and spinal cord injury cases throughout the country. In that capacity, we recently obtained a defense verdict in New Jersey arising from a display collapse where the plaintiff demanded multi-million dollar damages allegedly due to CRPS treated with multiple surgical and interventional procedures. The case proceeded to the New Jersey Supreme Court which affirmed the verdict and confirmed a defendant’s risk to introduce evidence of symptom magnification and somatization.

Successfully defended a complex real estate litigation involving a release of diesel fuel at a distribution center. The matter also involved securing insurance coverage from private and public funds to pay for cleanup.

Successfully handled numerous lawsuits to recover damages arising from defective construction including an environmentally sensitive areas where remediation needed to satisfy regulatory requirements.

Successfully defended a catastrophic multiple-fatality motor vehicle accident in two separate jurisdictions where the plaintiffs claimed that an employer required its manager to work a 22-hour shift before he fell asleep at the wheel during his drive home. In cases of first impression, both federal and state courts separately rejected any employer’s duty to prevent a fatigued employee from operating his personal vehicle to drive home.

Successfully defended a workplace shooting for a large retailer where a customer purchased ammunition and then shot his wife, an off-duty employee, in the back of the store. The District Court and then the Third Circuit held that an employer has no duty to prevent domestic violence at the workplace and an ammunition retailer has no duty to screen purchasers for signs of domestic violence at the workplace and an ammunition retailer has no duty to screen purchasers for signs of mental illness or homicidal tendencies.

Defended premises security case in Massachusetts that involved an assailant who abducted a young mother and toddler from a parking lot and traumatized them physically and mentally for several days. The plaintiff claimed that the parking lot offered inadequate security. The firm was retained only a few weeks before trial and conducted mock trials before focus groups to develop the most effective trial strategy. After the firm obtained multiple in limine orders that limited the types of “other crime and incidents” evidence plaintiff could present at trial, which essentially resulted in partial summary judgment for her key liability theory, the case settled on terms favorable to the client.

Successfully defended a large manufacturer of space heaters to a defense verdict where it was alleged that a large commercial rental property was destroyed in a fire due to manufacturing and design defects.

Served as defense counsel in formulating a national trial strategy for “take home” asbestos cases. Focus groups were conducted in multiple magnet jurisdictions throughout the country to test themes and evaluate likely jurors’ reaction to certain epidemiological evidence.

Retained by corporation-defendant to serve as coverage and monitoring counsel to secure indemnity and “ready the case” prior to trial. Plaintiff suffered catastrophic injuries as a result of a defective toy and filed a product liability suit against the insolvent manufacturer and retailer. Patrick obtained insurance coverage for the retailer despite the manufacturer’s insolvency and effectively utilized focus group to “try” the case before negotiating a favorable settlement. The focus group sessions demonstrated that a jury was likely to consider the plaintiff’s own fault in causing the accident even though the injuries were severe.

Publications

Hochberg: Rheumatology, 2-Volume Set 8e: Chapter on CRPS, 2022.

“Peer Review of Scientific Studies: A Critical Review” New Jersey Law Journal, June 16, 2022.

Diagnoses and Disability Based Upon Subjective Complaints: CRPS and mTBI in the Courtroom, Wal-Mart Outside Counsel Conference, 2022.

Chang C, McDonnell P, Gershwin ME. Complex regional pain syndrome – autoimmune or functional neurological syndrome. J Transl Autoimmun. 2020 Dec 24; 4:100080. doi: 10.1016/j.jtauto.2020.100080. PMID: 33490941; PMCID: PMC7804982.

Chang C, McDonnell P, Gershwin ME. Complex regional pain syndrome – False hope and Miscommunications. Autoimmun Rev. 2019 Mar; 18(3): 270-278 doi: 10.1016/jutrec.2018.10.003. Epub 2019 Jan 11. PMID: 3063965.

Transportation MegaConference XII Handling the Troublesome Damages Claim – Investigation and Litigation Challenges. March 12, 2015.

"Discussion of Removal Issues Arising from Arbitration Cases" The Legal Intelligencer, Vol. 274 No. 71, April 12, 2013.

"Jurors Talking Back," Voir Dire, Volume 13 (1), 2006.

"Advanced Evidence," Lorman, 2004.

"Expert Witnesses," NBI, 2004.