Bruce A. Cranner – SELA Dispute Resolution

Bruce A. Cranner is an experienced defense trial litigator best known for his work as a medical defense and products liability defense litigator, Medicare Secondary Payer (MSP)/Section 111 compliance consultant and counselor. He has served as a neutral mediator and arbitrator in complex matters and has been consulted by Judges and Magistrates to assist with the settlement of mass tort cases with lien resolution issues.

As lead medical defense trial counsel, Bruce has tried many challenging cases, most involving complex medical issues and serious injuries or deaths. He frequently defends the manufacturers of medical devices, sporting goods, and recreational products including exercise equipment, watercraft, motorized vehicles, Fun Karts, and industrial equipment and munitions. His representative list of cases tried include defending matters involving Legionnaire's Disease and refrigerated display cases, Temporal Mandibular Joint (TMJ) Implant Litigation (including the Class Action of 25,000 plaintiffs), tear gas and OC grenades (Lewis v. CTS, a death case), wakeboard vests, interventional pain management devices, and asbestos/mesothelioma cases.

As an active member of the Products Liability Advisory Council (PLAC), Bruce served as the Program Committee Chair and was the PLAC conference moderator in 2013, 2014, and 2015. He is a frequent writer and lecturer on topics involving medical liability and healthcare law, Medicare (MSP) reimbursement and Sec. 111 compliance, products liability and trial techniques, and served as an Adjunct Professor of Trial Advocacy at Tulane Law School. He served as the Program Chair and Moderator of the annual SFIA Litigation and Risk Management Summit for many years and is a member of the Federation of Defense and Corporate Counsel (FDCC). Bruce has been a past member of the Boards of the National Foundation for Judicial Excellence (NFJE) and the DRI. His list of publications includes articles and book chapters, and he was a contributing author of the DRI Defense Practitioner's Guide to Medicare Secondary Payer Issues.

Mr. Cranner received his mediation training through the American Arbitration Association University in 2012. He is listed in Best Lawyers in America, Who's Who Legal, SuperLawyers and has an AV Rating by Martindale Hubbell.

Bruce is a lifelong competitive sailor/yachtsman, cyclist, motorcyclist, skier and a licensed private pilot.

Areas of Specialty:
- Hearing Officer in Healthcare Related Matters
- Medical Liability
- Product Liability
- Term Care and Assisted Living Issues
- Personal Injury involving Medicare/Medicaid
- Asbestos and Toxic Tort
- Legal Malpractice - Special Master and Independent Counsel

Email: bcranner@talleyanthony.com

Selected Cases

Bannister v. SFB Companies and SYSTRA Engineering Inc., Nineteenth Judicial District Court for the Parish of East Baton Rouge/Louisiana First Circuit Court of Appeal. Obtained dismissal of a foreign corporation on an exception of lack of personal jurisdiction on appeal. Bannister v. SFB Companies, Inc., 2019 CW 0079, 2019 CA 0367 So. 3d___, (La. App. 1^stCir. 11/15/2019)

Sappington v. Southern Pain, et al, Twenty-Fourth Judicial District Court for the Parish of Jefferson. Successfully defended a physician against a Medical Malpractice claim alleging medical errors in the performance of a spinal procedure. (Result: Verdict for the defense, Affirmed. Sappington v. Southern Pain, et al, 19-CA-80, 280 So. 3d. 343 (La. 5^th Cir. 10/23/2019)

Faust adv. Paradigm Health, Twenty-Second Judicial District Court for the Parish of St. Tammany. Successfully defended a physician against an injunction and claims for damages relating to the non-compete provisions of an employment contract. (Result: Dismissal. Non-compete un-enforceable. Affirmed. Paradigm Health v. Faust, 2016 CA 1276, 218 So.3d 2017 (La App 1^st. Cir. 4/12 2017)

Sandifer v. Hoyt, United States District Court, Middle District of Louisiana. Successfully defended the manufacturer of a compound bow. Plaintiff claimed death by head injury caused by defective design of the bow (Result: Dismissed on Defendant’s Motion for Summary Judgment, affirmed by the United States Court of Appeals for the Fifth Circuit. Sandifer v. Hoyt Archery, 907 F.3d 802 (5^th Cir 2018)

Stanley v. Trinchard, et al, United States District Court, Eastern District of Louisiana. Prosecuted a claim for a bankruptcy trustee against several attorneys and an insurance carrier for legal malpractice and bad faith (Jury Trial June, 2014. Result: Settled favorably to the trustee after closing arguments and before the verdict).

Dyanne Lewis, et al. v. The City of Jackson, et al., Circuit Court for the First Judicial District of Hinds County, Mississippi. Defended a Tear Gas and Pepper spray manufacturer in a products liability trial. Plaintiff claimed death caused by exposure to defendant’s products. (Trial January, 2010. Result: Settled before appeal).

Dillon v. Paul Hubbell, III, M.C. and Southern Pain & Anesthesia Consultants, LLP. Twenty-fourth Judicial District Court, Parish of Jefferson, State of Louisiana. Medical malpractice claims in which plaintiff claimed nerve damage associated with the performance of a cervical discogram. (Trial June, 2007. Result: Judgment for the defense).

Garcia-Rivera v. Memorial Medical Center, Civil District Court for the Parish of Orleans, Louisiana. Medical malpractice claims in which the heirs of a deceased 34-year-old woman who died of PPH claimed medication error on the part of the hospital. (Tried January, 2007. Result: jury verdict for the defense).

James & Ette v. LSU, No. 529-480, Twenty-Fourth Judicial District Court, Parish of Jefferson, State of Louisiana. Lead trial counsel in a national class action involving VITEK dental implants. (June, 2004. Certification denied and dismissed. Aggregate litigation dismissed).

Zamanian v. Christian Health Ministry, No. 93-11083, Civil District Court, Parish of Orleans, successfully defended and hospital, four physicians and a nurse against claims of defamation, unfair trade practices and breach of contract arising from peer review activities. (Trial June, July 2000. Result: After a three-week jury trial and a $6 million verdict for plaintiff, a JNOV was granted for the defense dismissing all claims 9/21/00).

Nicoll v. Lococo, No. 97-CA-00083 (5^th Cir. 10/28/97); 701 So. 2d 1062, successfully defended an orthopedic surgeon in an alleged malpractice and spoliation of evidence case. (Result: Judgment for the defense).

Cassanova v. Marullo, et al, No. 94-0376, USDC, Eastern District of Louisiana. Defended eight sitting Judges of the Criminal District Court for the Parish of Orleans in a wrongful discharge suit under State and Federal law. (Resolved favorably to the defense during jury selection).

Knight v. PCF, No. 93-1619 (La. App. 3^rd Cir. 1994), 638 So. 2d 678. Successfully represented the Louisiana Patients’ Compensation Fund in defense of a medical benefits case testing the reasonableness of the denial of a claim by the Louisiana Patients’ Compensation Fund.

Byers v. State of Louisiana, No. 94-1374, USDC, Eastern District of Louisiana. Defended the State of Louisiana, through the Hammond Area Technical Institute, in a suit for employment discrimination under the Americans with Disabilities Act. (Settled favorably to the defense).

Combustion, Inc. (Consolidated Matters), No. 93 ML 979, USDC, Middle District of Louisiana. Defended the State of Louisiana in this very large multi-party consolidated CERCLA/Toxic Tort matter. (Settled without payment and with dismissal).

Kebodeaux v. Schwegmann, No. 92-2086, USDC, Eastern District of Louisiana. As lead trial counsel successfully defended a multi-million dollar infringement of copyright suit. (Tried August, 1994. Result: Judgment for defense).

Russo v. Bratton, et al., No. 94-2634 (4^th Cir. 6/29/95); 657 So. 295. As lead defense counsel, successfully defended a neurosurgeon in a wrongful death/medical malpractice jury trial. (Tried July, 1994. Result: Verdict for defense).

Dorman O. Crowe, et al and Luther Martin, et al v. Winn Dixie and Kysor Corporation, No. 64,215, 22^nd Judicial District Court. Lead defense trial counsel. Defended a manufacturer of a product allegedly responsible for transmitting Legionnaire’s Disease to 70 plaintiffs. This case involved 17 deaths. (Tried April, 1993. Settled favorably to the defense after closing arguments and before verdict).

Ellis v. Georgia Pacific Corporation, 550 So.2d 1310 (La. App. 1^st Cir. 1989). Worked as a member of the successful plaintiff’s counsel team as class action co-brief writer. This environmental case is, to date, the largest single certified class action in Louisiana history (Settled: the proceeds to the $10 million settlement were donated to the Greater New Orleans Foundation for Water Improvement Projects).

Presentations & Publications

LADC Winter Seminar “Louisiana Medical Malpractice Update”, presented in January, 2020
“5 Best Practices for MSP Compliance” LADC/La. Judicial College Joint Program, presented in December, 2019
“Medicare Endgame—Applying Predictive Settlement Strategies to Navigate MSP Exposure”, DRI webcast presented Dec. 2019
“Applying Predictive Settlement Strategies to Mitigate Medicare Secondary Payer Exposure (Part 1)” DRI For the Defense, October, 2019

LADC Winter Seminar “5 Best Practices for Defense Counsel,” presented in January, 2019
‘DRI Medicare Best Practices,” webcast presented Sept. 2018
“DRI Medicare Best Practices,” webcast presented June 2017
“MEDMARC—Ethics and MSP/Best Practices, presentation in June, 2016
Cattie, et al, DRI Defense Practitioners Guide to Medicare Secondary Payer Issues 3d. (DRI 2015) [Co-Author and Contributing Editor]
“The MSP and The False Claims Act, The Government’s Most Potent Recovery Tool, DRI, In House Defense Quarterly, Spring, 2015.”
“Medical Malpractice: A Risky Proposition” Author and Presenter, AICP, New Orleans, 2015
“PLAC Conference, Program Co-Chair and Moderator. Dallas, 2015” Presenter “MSP UPDATES: Fast Fire”
“The Medicare Claimant’s Case: Best Practices for Defense Practitioners,” DRI Webcast, 2015
“PLAC Conference, Program Co-Chair and Moderator. San Diego, 2015”
“The Ethics of MSP: A Conversation About Compliance,” author and presenter, DRI webcast, 2014
“A Conversation About Lawyer Ethics and MSP Compliance, DRI For the Defense, July, 2014.
“Medicare, Medicaid and Medicare Advantage Plan Secondary Payer: 2014 Update,” author and presenter, PLAC Spring Conference 2014
“Affordable Care Act/Medicare Secondary Payer,” presenter, PLAC Fall Conference, 2013, Las Vegas
“Section 111 Reporting,” presenter, Louisiana Association of Self-Insured Employers Medicare Set-Asides (LASIE) Workshop, June 6, 2013, Baton Rouge
PLAC Conference, Program Chair, Colorado Springs, Spring 2013 and Las Vegas, Fall 2013
“Disasters and Catastrophes: What are the Duties and Consequences?” author and presenter, DRI Nursing Home/ALF Litigation Seminar, 2013, Scottsdale
“The Medicare Claimant’s Case: Best Practices for Litigation Counsel,” author and presenter, MAPS, March 2013, New Orleans
“Mass Torts: Change Your Thinking,” author and presenter, DRI webcast, 2013
SFIA Annual Litigation & Risk Management Summit, Program Chair and moderator, 2007- 2014
“Screws, plates, joints, drugs and the good doctor - Whodunit?” author and presenter, LSAA Medical Liability Seminar, 2012
“Medicare Secondary Payer: Best Practices for Defense Counsel,” author and presenter, DRI webcast 2012
“Hospital Emergencies,” author and presenter, DRI Medical Liability and Healthcare Seminar, 2012, New Orleans
“MMSEA - RM Write-Off and Reporting Responsibilities,” author and presenter, NCASHRM Spring Program Presentation, 2011
“MSP and MMSEA Compliance for Defense Counsel,” author and presenter, DRI Products Liability Seminar, Las Vegas, 2010
“Compliance” Moderator, FDCC Corporate Counsel Symposium,” 2010, Philadelphia
“Best Practices for MMSEA Reimbursement,” PLAC Spring Seminar, 2010, San Antonio
“The Medicare Claimant’s Case: Best Practices for Resolution Since the Reimbursement Revolution,” author and presenter, DRI Products Liability Conference, 2010, Las Vegas
“How the Jury Assesses Post Sale Behavior,” presenter, PLAC Spring conference, 2004, Montreal
“Leading the Admitted Liability Case to a Defense Verdict,” author and lecturer, DRI Medical Liability and Healthcare Law Seminar, 2004, Las Vegas
“Doctors Misbehaving,” moderator, DRI Medical Liability and Healthcare Law Seminar, San Francisco, 2003
Advanced Issues in Louisiana Medical Malpractice, author and lecturer, NBI, 2001
LSBA “CLE by the Hour” Seminar Medical Malpractice “Update” co-lecturer, 2000
“Advanced issues in Louisiana Medical Malpractice,” author and lecturer, NBI, 2000
LSBA Seminar, “Medical Malpractice” Panelist, 1998
“Medical Malpractice,” author and lecturer, NBI, 1997
“LADC Attorney/Client Seminar,” lecturer on “When to Appeal” 1996
“Settling Insurance Claims,” author and panelist, PESI, 1995
“Settling Insurance Claims,” author and panelist, PESI, 1994
“Medicine Made Easy for Lawyers,” author and lecturer, PESI, 1994
“Trial Preparation for Procrastinators: Surviving the Last Two Weeks,” author and lecturer, Tulane CLE by the hour, 1993
“Recent Tort Law Developments,” author and lecturer, PESI, 1992
“Use of Paralegals, Legal Assistants and Temporary Attorneys and Associated Ethical Considerations,” author and lecturer, PESI, 1992
“Trends in Bad Faith Litigation,” author and lecturer, PESI, 1992
“Videos, Graphics and Charts for Plaintiff’s Attorneys,” author and lecturer, PESI, 1990
“Video Tape Reconstruction of Accidents by Computer,” author and lecturer, LTLA, Aspen, 1990
“Third Trial by the Masters – Trial Preparation: The Last 100 Days,” author and panelist, Tulane Law School, 1990
“Demonstrative Evidence,” author and lecturer, LTLA, Aspen, 1989