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HOW Making a Video in a Wrongful Death Case Counts and WHY the Case Settled for $3.8 Million

by Geomatrix Productions in Legal Video

“She was the light and life of our family” said Jessica Thomas’ brother upon reflection of his twin sister.

A Life Cut Short:
Jessica Thomas was a single woman just one day shy of her 40th birthday when her life was tragically cut short in a serious motor vehicle crash with a tractor trailer that ran a red light. In an instant, the Thomas family had to make life and death decisions that led to the agonizing conclusion of taking Jessica off life support 2 weeks after the incident when doctors confirmed there was no brain activity or quality of life to be had.

Making The Case:
“According to attorney Kara M. Crismale, of Faulkner & Graves, “the defendants had no pressure to resolve the case during COVID as the trial kept being continued and there was no date scheduled for some time. In July 2020 we attempted a first mediation with Retired Judge Antonio Robaina of McEroy Deutsch that failed.”

“I wanted to show the impact Jessica had on the lives around her as a beautiful young woman with so much of her life ahead of her. She was not married and had no children, so I wanted a video of her parents, nephew and brothers to talk about how important she was to their lives. The video was very powerful and instrumental in getting the case resolved.”

The Case for Video:
Attorney Crismale called on Geomatrix’s team of experienced storytellers to capture the facts and the emotions of the case. “Geomatrix made the process easy for us, I just gave them the contact information and they ran with it,” said Attorney Crismale.
“Our direction from Kara was to keep it short and simple,” said Cathie Reese, President of Geomatrix Productions. “This was a tall order given the many facets of this very young woman’s life.” Cathie continued, “We always meet with family representatives in a call, zoom meeting, or in-person before any shooting is done to learn about the decedent, what made her special, and what her lost future would have looked like. The conversation always turns to the hole left in the fabric of an entire family.”

Case Closed:
Attorney Crismale commented that “whenever we do a video, we find that it helps the family to know that we are progressing with the case and going the extra mile to make their matter rise above any others.” She continued, “the family was happy to do the interviews, it gave them an opportunity to share their love for Jessica and to tell her story.”

That story was heard, and the case was settled for $3.8 million.

In Conclusion:
At Geomatrix, we are dedicated to the craft of narrative storytelling. We have honed that craft for more than 40 years in an effort to give our clients the tools they need to effectively reach their audience. Let us help you uncover the behind-the-scenes story of your clients that will make a difference in giving you the best outcomes.

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twins2

How was Video used in $37.6 Million Twins Med Mal Case? Like this…

by Geomatrix Productions in Legal Video

twins2Judge Awards $37.6 Million in Med Mal Case  – The State’s Second Ever Largest Monetary Award For Medical Malpractice

“All four plaintiffs (the parents and twins) have suffered injuries as a result of the defendant’s negligence” wrote Superior Court Judge Mark Taylor of this case.

“I think the judge found in favor of our side because the University of Connecticut Health Center engaged in some egregious conduct” said attorney Michael Walsh of the January 2015 death of Shay Monroe-Lynch and the current birth defects of her brother, Joshua.

Making The Case:

In 2018, Geomatrix was contacted by attorneys Walsh, Dowd, and Malcynsky to capture on video the daily struggles of a family with a severely disabled child named Joshua.

Just years before that recording, Joshua’s sister Shay had passed away from cytomegalovirus, or CMV, which is a disease known to cause severe birth defects or fetal death if contracted during pregnancy. According to the amended February 2019 lawsuit, Monroe Lynch vs State of Connecticut, the twin fetuses were exposed to CMV sperm during an intrauterine insemination procedure in May 2014 at the Center for Advanced Reproductive Services, or CARS.  The state of Connecticut runs that health center.

In 2020, as the case lingered and defense wanted an update on Joshua’s progress; Geomatrix was once again, called into action. As the request came in during the COVID Pandemic, the Team at Geomatrix had to pivot in their usual approach to get the story from the parents and opted to conduct the necessary interviews via zoom.

“We also directed the parents in how to use their cellphones to record how their son, Joshua, was doing, said Cathie Reese of Geomatrrix. “The video was then transferred to Geomatrix along with photographs and our editing team went to work to put it all together.  It was ALL done remotely”

Cathie went on to say that “this nimble process also allowed us to bring in experts from all across the country that otherwise would not have been able to appear were it not for remote recordings of their video depositions. This kept our work in compliance with Covid19 safety protocols that were then in place.”

The Case For A Documentary:

The comprehensive documentary video was used as part of the plaintiff’s evidence of damages.  “Defense objected initially as to hearsay, but they did not strongly pursue it.  We agreed to the redaction of a couple of comments, but about 75% of the material was entered into evidence; including a very compelling on-camera interview with the parents about their hopes and dreams of having twins who would share life’s experiences together.  Their disappointment and their sorrow was palpable in the video and the effect on both of their futures as well as that of their young child, Joshua, was overwhelming” said Cathie Reese of Geomatrix.

In the ruling, Superior Court Judge Taylor wrote, “by a preponderous of the evidence in the record, the court reaches the following factual conclusions: Shay died in utero as a result of congenital CMV. Since his birth, Joshua has faced devastating medical and developmental challenges during his short life and will. More likely than not, live the rest of his life fighting the widespread sequelae of his congenital CMV infection.”

In Conclusion:

At Geomatrix, we are dedicated to the craft of narrative storytelling.  We have honed that craft for more than 40 years in an effort to give our clients the tools they need to effectively reach their audience. Let us help you uncover the behind-the-scenes story of your clients that will make a difference in giving you the best outcomes.

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Traffic Lights Evidence Presentation

Attorney sets the Record Straight using Video Traffic Forensics

by Geomatrix Productions in Legal Video

Traffic Lights Evidence PresentationSecurity cameras can be found almost everywhere, and a surveillance recording capturing an accident makes for a compelling piece of evidence. But what happens when a key piece of the story happens just outside the frame?

The victim of traffic accident came to Attorney David Leff, with an unfortunate story. He sustained serious injuries when his car was struck by a vehicle turning left across his path. But the other driver told police he had a green arrow and found a witness at the scene who backed him up. Video from a nearby parking lot captured the crash, but the camera was set too low to show the traffic signal. When the responding officer ticketed his client instead of the other driver, there seemed little hope.

Attorney Leff asked Geomatrix to analyze the video and see if there was more to the story. We visited the scene and recorded the traffic pattern from a vantage that showed the traffic signals. Matching the patterns in the new recording with the cars in surveillance footage, we were able to synchronize the movements of the cars with the known signal pattern over several cycles leading up to the collision. We then created an annotated video that clearly showed what happened.

The conclusion?

The protected turn signal for the westbound driver had ended almost 25 seconds before the collision. By the time of the collision, both drivers had a green signal and it was the left turning driver who failed to yield. The video was used in mediation and left no doubt as to the circumstances of the crash. The insurance company for the other driver agreed to settle for the policy limits.

For over 40 years, Geomatrix has helped attorneys present powerful demonstrative evidence both in and out of court . Careful analysis of surveillance and bystander video can help determine facts, unmask hidden details and set the record straight for your clients.

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Video Proves Effective Prescription for Polypharmacy Opiate Abuse Case

by Geomatrix Productions in Legal Video

Stairwell inside old building

There’s an art, and a science, in telling a compelling true-life story on camera.  On the one hand you need to get the facts and figures, the names, places, and circumstances that address the events in question.  On the other hand, you need to capture the emotion, the intention, to portray the real and genuine person in front of the lens.  When done correctly, the balance of these two disciplines will make a world of difference in a legal case.

The challenge… was to clearly demonstrate the damaging effect the prescribed treatment had on their client over the course of several years.

Case in Point:

“The issues in this particular case were unlike any I’d ever seen and unlike what the expert witnesses I brought into the case have seen,” said Attorney Patrick C. Barry of Decof, Barry, Mega & Quinn.  “The physician had prescribed multiple opiates along with benzodiazepines to be taken simultaneously over a period of years” with what appeared to be an ever-changing medication regimen. Attorney Barry relates that this “polypharmacy treatment” was an extreme prescribing practice that could not be explained by any current standards.

The challenge that faced the Legal Team at Decof, Barry, Mega & Quinn, in Providence, RI, was to clearly demonstrate the damaging effect the prescribed treatment had on their client over the course of several years.

In this later stage leading up to trial, the client wasn’t presenting obvious signs of notable distress as they sought help through an inpatient hospitalization program. However, the client was in a constant struggle to recover and stop the downward spiral their life had become.

… live video… reflects the true human interaction… word choice, timing, movement, gestures, and speech pattern. These things can’t be picked up from a black and white text description.

 The Case for Video:

“One of the reasons we wanted to make sure we had a video presentation is because live video, where the person is telling their story, more closely reflects the true human interaction that we would make with one another, or that a jury would experience if someone was in the courtroom,” declared Attorney Barry.  “That true human interaction has a lot of components to it; word choice, timing, movement, gestures, and speech pattern. These things can’t be picked up from a black and white text description.”

“The team at Geomatrix were able to capture my client in an honest and natural way” said Attorney Barry, “they were able to find the key moments. It wasn’t just turn on a camera and start talking, there was a journalistic and artistic component to match up the person with the story and capture the emotion.”

I don’t think the case would have settled without the video.

Case Closed:

“I’m sure the defendants and the carriers may have looked at the case like there’s no real injury  because the client appeared ok” said Attorney Barry. “I’m convinced that the video presentation which allowed them to make some character and credibility determinations allowed them to see the actual hurt that did exist. I don’t think the case would have settled without the video.”

At Geomatrix we are dedicated to the craft of narrative storytelling.  We have honed that craft for more than 40 years in an effort to give our clients the tools they need to win the case.  Let us help you uncover the behind the scene stories of your clients that will make a difference in giving you the best outcomes.

 

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dil legal video

Capture the Recovery with a Day in the Life Video

by Geomatrix Productions in Legal Video

dil legal video

What makes a Day in the Life Documentary video such a powerful piece of evidence in personal injury litigation? More than any other reason perhaps is the fact that
it not only captures the extent of the damages suffered by the plaintiff, but, done over time, can chronicle recovery.

There is nothing more compelling than “being there” as a severely injured client struggles to learn how to walk again for the first time, or learns to adapt to life with diminished capacity.

Geomatrix Productions has produced nearly 1,000 Day in the Life videos. Our professional video production team will be happy to help.

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DIL Video

Preparing to Produce your Day in the Life Documentary

by Geomatrix Productions in Legal Video

DIL VideoThe Day in the Life Documentary video production is an essential piece of evidence in personal injury litigation.

Preparing a successful and compelling Day in the Life Documentary, while still considering the rules of evidence takes careful planning and a skilled video production crew.

Before discussing your Day in the Life Documentary video production, you should be able to answer the following:

Is your client at home or in a facility?

Can he/she speak for himself or will a care giver do that?

Who is the primary care giver?

If at a facility – have they given permission for us to videotape staff?

What is the level of care required?

Is the client undergoing any kind of therapy?

Where is therapy done? Do we have permission to videotape the therapist?

Who else should be included in the video? Family? Professionals?

Do you know the client’s schedule? For ex. if aqua therapy is important, when is it?

Who will do the voice over?

Has the client been informed of our video production services?

What is the client’s level of comfort with the video?

In addition, please consider:

Will the attorney be present during the recording?

What is the deadline?

How will the video production be presented to the opposition?

Geomatrix Productions has produced nearly 1,000 Day in the Life videos. Our professional video production team will be happy to help.

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Geomatrix Digital Litigation Whitepaper

Trials Will Resume On… (are you ready with your digital litigation tools?)

by Geomatrix Productions in Legal Video

podcast

Recently on their CTLA podcast, “Pod Ipsa Loquitur,” Mike Walsh and John Kennedy talked with Chief Administrative Judge for Civil Matters Judge Jim Abrams about the reopening of Connecticut courts in the face of the COVID-19 pandemic. Will the courts be opening in November as Connecticut Chief Justice Robinson suggested recently in the Hartford Courant? Does Connecticut Practicebook provision 23-68 currently allow the court to order that a trial proceed by interactive audio-visual means? These are just some of what was covered in a fascinating conversation. No spoilers here, so listen to the podcast to find out all you can about these topics, and to get an idea for the “Post Pandemic” jury trial timeline.

Geomatrix Digital Litigation Whitepaper

And we have the perfect accompaniment for your podcast listening. Before you start listening, download the new Geomatrix Whitepaper: Litigation in the Digital Age, which will equip you with a thorough understanding of the incredibly powerful digital tools Geomatrix deploys to help litigators win. After reading the whitepaper you’ll know just what digital tools you have to work with when court reopens. After listening to the podcast you may have a better idea of when that will be and how much time you have to get ready for it. Remember these powerful digital tools for litigation can also be incorporated into remote proceedings. Let us help your firm Win More Cases, Win More Verdicts, and Win More New Business.

Follow the link to listen to the interview with Judge Abrams on the Pod Ipsa Loquitur podcast.

 

 

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fingerwicks

“Like Lighting a Match”

by Geomatrix Productions in Legal Video

fingerwicks

“It’s like lighting a match,” said attorney Dale P. Faulkner of Faulkner and Graves, discussing how the pre-existing osteoarthritis condition lay dormant in his client.

“The fear of an impending broadside crash caused him to grip the steering wheel so tightly as to cause a flare up in the joints in his hands.  He knew immediately that something was wrong.”

The permanency rating by experts put his client’s disability at 10-14%, but according to Faulkner, “because of the nature of his profession, this was devastating.”

The plaintiff was a periodontist; a skilled physician who performed microsurgery every day on between 5 and 7 patients.   This surgery requires very precise movements in areas near the sinuses and roots of the teeth.

Attorney Faulkner sought an effective way to convey how the painful change in dexterity affected his client and the way he continued in his practice. He turned to Geomatrix.

“Dale and I have been working together for nearly 40 years,” said Cathie Reese.  “I can always count on him to come up with creative and clever ideas.  We developed an approach where we would interview the Doctor in his operatory, and then have him demonstrate the techniques and tools of his trade.”

The video was short but powerful.  It helped Faulkner secure a settlement of just under $1 million dollars for his client, only 2 ½ years after the accident.

According to the plaintiff in his interview, “I feel an obligation to society to continue in my practice.  I am doing right by people and really helping them and that’s a tremendous satisfaction.”

“My greatest fear is that there would come a time when I would have to end my career early…because I love what I do.”

Video used in the course of litigation does not have to fall into a particular category.  Let Geomatrix help you uncover creative ways to tell your clients’ stories.

 

 

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airspacecondo

Air Space Condominium: The CT Supreme Court Made it Legal, Video Makes it Understandable!

by Geomatrix Productions in Legal Video

The creation of an Air Space Condominium in Connecticut is a legal structure that gives developers, investors, banks and property owners a way to maximize return on property investment, offer future liquidity and flexibility and, where banks and lenders are concerned, can help with restructuring and modifications of loans supported by distressed real estate assets.  It’s easily financeable and insurable, and lets owners raise cash by selling only parts of the property while maintaining ownership and long term cash flow of the retained real estate.  It sounds great right?

The problem is that converting multi-use buildings into one air space condominium is not as widely known or utilized in the real estate   industry.  It is unique and difficult to explain verbally, making developers, investors, banks and property owners  reluctant to engage law firms to do this work which, in some cases, may result in lost opportunity.

Patrick Hanna, Partner at Carmody Torrance Sandak Hennessey, said, “I used to roll a survey map out on a conference table and have clients or potential clients gather round while I used colored markers and my limited drawings to attempt  to explain how air space condominiums work.”  He thought that there might be  a better way to explain the concept.

“I thought that a video using animation and aerials would help me to communicate exactly how the concept works for an audience of people in the Real Estate world like bankers, developers, investors and owners, but there would be other benefits too.”

The video he created with Geomatrix Productions works beyond its role as a creative means of marketing.  It is used as an in-house training tool for associates and attorneys that do not focus their practice on real estate to help those attorneys get up to speed and confident in discussing and recommending the approach or at least having a working knowledge of the subject in the event the topic arises.

“It also makes clear to attorneys outside the Real Estate and Land Use practice that we have a unique offering. It opens the door to easier marketing conversations when the opportunity arises.” Thus, the video provides an opportunity for cross-training and cross-marketing.

“The video was a challenge for us to produce,” said Cathie Reese, producer.  “It took us some time to fully understand the process so that we could boil it down into something that made it look simple.”

The legal process is not so simple.  It’s a niche offering and Carmody was part of the Connecticut Supreme court case that validated the concept.

The video resides on the landing page of the firm’s Real Estate | Land Use practice, and has been pushed out on social media.  According to Hanna, “I will use it at presentations and seminars; much more interesting for the audience than listening to me!”

Video helps market, sell, train and more.  Give Geomatrix a call; we’d like to discuss your ideas and ways we can help you.

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RemoteVideoDeposLimitsFeatures

Don’t Miss this Powerful Zoom Feature

by Geomatrix Productions in Legal Video

Zoom’s most under-utilized feature: On-screen presentation of exhibits

Presenting on-screen exhibits during remote video depositions is a powerful feature of these applications but requires learning a complex new technology or adding a trained trial technician to your deposition.  The features available are quite effective and are similar in some ways to our electronic trial presentation services or a picture-in-picture video deposition.  All attending the deposition can see exhibits shared in real time. Remote video depositions allow for exhibit annotation with distinctions of who creates the mark ups. We offer a look into technician operated, and self-run exhibit presentations in this short video.

Zoom’s fatal flaw: no control over on-screen video feed

While do-it-yourself automatic Zoom recordings may appear as an easy solution, they have one basic limitation that renders them practically useless for the recording of video depositions.  An automatic Zoom recording offers no control over the on-screen video feed and will switch views depending on who is speaking.  There is value in your witness’s reaction and that value is lost when the recording is compromised due to the automated functionality of Zoom.  A Geomatrix depo technician will manage the process and ensure  a dependable, professional recording.

Remote video deposition recording technology is evolving quickly. Call Geomatrix to find out more about it or to schedule your remote video deposition.

 

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