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Brian S. Osterman

Of Counsel

P. 303.244.1820 | F. 303.244.1879

Biography

Brian Osterman strategically leads clients through catastrophic medical malpractice cases and complex commercial litigation. He has taken more than 100 depositions across the country and has considerable experience preparing and defending witnesses. Brian has also prepared several high exposure cases for trial that ultimately led to favorable settlements. 

Brian represents healthcare industry clients in catastrophic medical malpractice lawsuits involving extremely high stakes. He also represents corporations and recreation industry clients in commercial litigation and personal injury lawsuits. He has extensive experience winning summary judgment and other dispositive motions. Brian also regularly orchestrates favorable settlements, often at a small fraction of the demand. Brian has gained considerable experience obtaining summary judgment, winning through dispositive motions, and negotiating favorable settlements.

Prior to joining WTO, Brian spent five years as an associate at a New York litigation firm.
 

Cases

  • Won walkaway dismissal for a physician in an $85 million birth injury case.
  • Won dismissal on summary judgment—including an award of attorneys' fees—in a case involving medical malpractice and breach of contract claims.
  • Won favorable settlement for a New Mexico healthcare client in a medical malpractice case after inheriting the case less than two months before expert disclosures.
  • Won favorable settlement for a New Mexico hospital in a multimillion dollar case involving medical malpractice and unfair trade practices claims.
  • Won favorable settlement for a healthcare client in a $64 million birth injury case in Maryland.
  • Won dismissal of all claims of vicarious liability and apparent agency for a hospital in multimillion dollar case in New Mexico.
  • Drafted a winning amicus brief for the Colorado Defense Lawyers Association in an alleged medical malpractice case against a chiropractor.
  • Represent ski and snowsports recreation clients in personal injury matters.
  • 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.

Other Experience

Martin Clearwater & Bell LLP
United States Attorney’s Office, Western District of New York,
   Summer Clerk

Legal Memberships, Activities, and Honors

Denver Bar Association
Colorado Bar Association
Colorado Defense Lawyers Association
Faculty of Federal Avocates
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

Personal Interests

Sports, reading, history, spending time with family

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