Bar and Court Admissions
Brian Osterman helps clients develop and implement litigation and trial strategies in complex civil disputes. Brian has conducted more than 100 depositions across the country and prepared witnesses to testify in many more.
Brian represents hospitals, physicians and nurses, healthcare providers, and institutions in catastrophic medical malpractice lawsuits. He has extensive experience obtaining summary judgment, winning through dispositive motions, and negotiating favorable settlements. In addition to conducting more than 100 depositions across the country, he has prepared witnesses to testify in many more.
In a 2016 victory for a hospital client, Brian drafted and argued a successful motion to dismiss federal EMTALA claims. He has also successfully resolved several cases for clients involving Section 1983 claims. Prior to joining WTO, Brian spent five years as an associate at a New York litigation firm.
- Fox v. Alfini et al., 2018 CO 94 (Colorado Supreme Court) - Drafted a winning amicus brief for the Colorado Defense Lawyers Association in an alleged medical malpractice case against a chiropractor that establishes, for the first time, that a third party's involvement in a conversation between an attorney and a client waives the attorney-client privilege, unless the third party's presence is reasonably necessary to facilitate the communication.
- Obtained voluntary dismissal for a defendant physician in a multimillion dollar medical malpractice action.
- Following WTO's motion for summary judgment, obtained nuisance value settlement of professional liability claims of $5 million against a New Mexico hospital.
- Obtained early voluntary dismissal of hospital in a $25 million medical malpractice action.
- Won a motion to dismiss for a hospital client in New York in a matter of first impression involving Emergency Medical Treatment and Labor Act (EMTALA) claims in the Second Circuit. The Court affirmatively ruled that the hospital's obligations under EMTALA ceased upon admitting the plaintiff.
- Obtained multiple dismissals of Section 1983 claims, including one case in which a New York City police officer alleged he had been involuntarily hospitalized in retaliation for whistleblower claims.
- Obtained dismissal of claims against a private hospital, establishing an exception to the traditional rule of vicarious liability in New York State.
Martin Clearwater & Bell LLP
United States Attorney’s Office, Western District of New York,
Legal Memberships, Activities, and Honors
Denver Bar Association
Colorado Bar Association
Colorado Defense Lawyers Association
New York Super Lawyers
Rising Star, 2016
New York State Bar Association
New York State Attorney General’s Triple “C” Award
Colorado Notre Dame Lawyers’ Committee
Community Memberships, Activities, and Honors
Denver Health Foundation
Next Generation Giving, Board Member
Notre Dame Club of Denver
University of Denver Sturm College of Law Mentor
Sports, reading, history, spending time with family