Tales from the Trenches: Settlement Do’s & Don’ts

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Honorable Marsha Steinhardt joins NAM after a remarkable 30-year judicial career, 25 of which were spent as a Justice of the Supreme Court. In 2011, she was assigned to the Medical Malpractice Trial Readiness Part (MMTRP), Kings County, where she conferenced every post Note of Issue medical malpractice case in Brooklyn, resulting in the resolution of a significant number, prior to trial. While assigned to the MMTRP, Justice Steinhardt also oversaw hundreds of nursing home cases that involved incapacitated patients with developing bed sores, falling and choking. On days when the conference calendar was not being called, the Judge presided over medical malpractice trials. Judge Steinhardt was assigned to the Appellate Term, 2nd, 11th and 13th Judicial Districts from 2008 – 2011, where she heard appeals from the Civil and Criminal Courts. Simultaneously, with her appellate duties, Judge Steinhardt continued trying medical malpractice cases. Judge Steinhardt’s legal career began as an attorney for the New York City Transit Authority, Torts Division. In 1986, she transitioned to the Court system where she worked as a Law Secretary to Civil Court Judge John R. Cannizaro. Shortly thereafter, she became Principal Law Secretary to Justice Vincent Pizzuto, who was then sitting in a medical malpractice Individual Assignment Part. Her own judicial career began in 1990 when she was elected a Judge of the Civil Court of the City of New York, Kings County. Four years later, she was elected to the Supreme Court of the State of New York. Her early years on the Bench were spent in a trial part where she presided over various types of cases, including personal injury, product liability, premises liability, and several matters involving complex commercial litigation. In 2002, she was assigned to an Individual Assignment Part (Part 15) and handled predominantly medical malpractice trials and motions. Respected by both plaintiffs and defendants alike, Judge Steinhardt is known for her deep understanding of medical practices, processes and terminology that allows her to fully assess and evaluate the issues of the case. Attorneys and jurors who have appeared before her in court have commented that she is “even-handed, respectful of attorneys, respectful of jurors – a true pleasure to appear in front of, and smart and well prepared.”; “I was a juror in her courtroom. I found her to be very respectful and pleasant, both to the jury and the attorneys.” Her knowledge and experience handling medical malpractice and nursing home matters, together with her settlement skills and experience working with counsel to resolve their cases, makes for a very natural transition to her role as a mediator/arbitrator. Judge Steinhardt has received numerous awards that include the Vivian Agress Trailblazer Award by the Brooklyn Bar Association, the Lenore Kramer Award by the New York State Trial Lawyers Association, the Award for Outstanding Jurisprudence by the New York State Medical Defense Bar Association and a Lifetime Achievement Award by the Brooklyn Women’s Bar Association. She has participated in numerous continuing legal education programs over the years for many bar associations, including the Brooklyn Women’s Bar Association (BWBA), of which she is a past president and the New York State Trial Lawyers’ Association. As a breast cancer survivor, she also serves on the Advisory Board of Judges and Lawyers Breast Cancer Alert, which helps educate those in the legal profession about breast cancer. She stated, “I believe, with every adversity, when things happen, you just have to take a deep breath and keep going. None of us is guaranteed an easy ride. And it’s not so much what happens to you that counts, it’s how you deal with it.”

With over 35 years of experience in litigating in the New York Metro area, Bob Worden, Esq. is best known for handling high-exposure and catastrophic personal injury cases, with complex medical issues, as well as handling high-exposure property damage claims. He performs detailed objective analysis of complex information to achieve the best strategies for claim resolution. His goal is to reach consensus where possible. Where resolution through consensus is difficult, he is creative in finding alternative solutions. Mr. Worden is highly regarded for his abilities in resolving cases concerning construction accidents, trucking accidents, premises and products liability. His experience includes handling numerous medical malpractice cases. He has consulted on thousands of medical malpractice matters, both with regard to litigation strategy and settlement. He is familiar with medical language, principles, procedures and methodology of medical and hospital practices. On a national scale, he is often consulted by clients who have cases involving complex personal injury and medical issues. Mr. Worden’s extensive experience representing both plaintiffs and defendants allows him to see lawsuits from all perspectives, and has given him insight as to how to best move cases towards settlement. He understands the concerns and motivations from all sides and seeks to efficiently assess the information available and use his insight to find win-win solutions. He approaches his work with an enthusiastic, high-energy style, which avoids unnecessary confrontation. Although Mr. Worden remains on the defense panel for a number of insurers, he has an excellent reputation for being able to resolve claims with those insurers, when all parties waive any conflict, so he can mediate and work to bring all to agreement in difficult cases. Known for his clear and timely communication and keeping a sense of humor in difficult situations, he seeks to relieve stress for all involved, and is able to get the job done to the satisfaction of all concerned. Mr. Worden is a longtime advocate of alternative dispute resolution (ADR). He is well-respected professionally by both sides of the bar and can draw upon his many years of experience when mediating and arbitrating in the private ADR forum. Many attorneys and insurance carriers welcome the prospect of working with a mediator who is seeking to resolve claims quickly and fairly, saving time and expense for all concerned. His reputation and relationships developed with other counsel, representing plaintiffs and defendants in the profession lend credibility to his efforts, and reach resolutions to the benefit of everyone involved. It is the highest form of compliment that Mr. Worden is well-regarded by plaintiff’s attorneys who have described him as “extremely knowledgeable, very fair, has the kind of personality and patience that fosters the resolution of cases, even in the most difficult situations”; “always found him to be reasonable, highly effective, resolution oriented lawyer”; “extremely able, thoughtful and fair-minded attorney, I truly trust both his insights and the fairness of his critique, even when that critique diminishes my original case perception”; “he took the lead amongst the multitude of defense firms in fostering an atmosphere of communication and ultimate resolution. His calm, professional and knowledgeable demeanor stood out amongst his peers. His ability to be the voice of reason among many differing styles, tactics and motivations was invaluable to his clients and all involved”. In 2020, for the third year in a row, Mr. Worden was recognized by the legal community by being voted a Top Ten Arbitrator in New York State by the New York Law Journal Best Of Survey. He is a frequent lecturer on topics relating to analysis of high-exposure claims, including such topics as New York’s Labor Law, Early Identification and Resolution of High Exposure Claims; Professional Liability and Medical Causation Issues; Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome-Analysis and Pro-Active Resolution, Analysis of Medical Records in High Exposure Claims and Supplementary Uninsured and Underinsured Motorist Claims.