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Carol Nelson Shepherd

Carol Nelson Shepherd
cshepherd@feldmanshepherd.com

Carol Nelson Shepherd was born in West Point, New York. She earned her bachelor’s degree in Sociology and English from Arizona State University in 1975 and her law degree from Syracuse University College of Law in 1978. In 1987, Ms. Shepherd became one of the founding partners of Feldman, Shepherd, Wohlgelernter, Tanner and Weinstock, where she has devoted her practice to catastrophic injury claims arising from medical negligence. Widely published and a frequent lecturer on the preparation and trial of medical malpractice claims, she is the author of:

  • Top Ten Missed Diagnoses in Emergency Room Cases
  • Delay in Diagnosis of Cancer
  • Proving Medical Negligence Cases Through the Defendant Doctor’s Deposition
  • Failure to Diagnose Fetal Distress: A Medical Primer

Ms. Shepherd has represented clients in claims against health care providers arising from obstetric/childbirth injury, delayed diagnosis of cancer, improperly performed surgery, psychiatric malpractice and many other cases involving substandard medical care. She has held prominent leadership positions in the regional and national legal communities, including serving as President of both the Pennsylvania and Philadelphia Trial Lawyers Association, member of the Board of Governors and Chair of the Professional Negligence Section of the Association of Trial Lawyers of America, Chair of the Civil Litigation Section of the Pennsylvania Bar Association, as well as serving as a member of the Pennsylvania Bar Association’s House of Delegates.

Carol Nelson Shepherd named 2007 Top 50 Female Lawyers and Medical Malpractice Super Lawyer in Pennsylvania.

AREAS OF PRACTICE

Medical Malpractice

BAR ADMISSIONS

Pennsylvania Supreme Court, 1978
United States District Court for the Eastern District of Pennsylvania, 1978
Third Circuit, U.S. Court of Appeals, 1995

EDUCATION

Syracuse University College of Law, J.D.,1978
Arizona State University, 1975
Wells College, 1970-1972

SIGNIFICANT CASES

Smith v. Jones (E.D. Pa.). Substantial settlement on behalf of brain injured infant paid not only by defendant obstetrician's professional liability policy, but also homeowners coverage on nurse employed in defendant's office.

Nelson v. Landsberg (Phila. Co.). One of the earliest cases permitting discovery of physician credential and personnel files in support of a corporate negligence claim.

Gordon v. Bakare (Dauphin Co.). First court opinion in Pennsylvania permitting an informed consent claim for a vaginal birth after cesarean section.

Clemens v. Gillum (Tioga Co.). Leading case in the country precluding notorious defense placental pathologist from testifying in an obstetrics case on the basis of Daubert/Frye.

Jakobi v. Ager (Phila. Co.). First Pennsylvania appellate case to impose sanction of disqualification of defense counsel for violation of Pa.R.C.P. 4003.5 forbidding ex parte contacts with treating physicians.

Substantial settlements on behalf of numerous brain-injured infants arising from failure to treat preterm labor, incompetent cervix, mismanagement of diabetic pregnancies, failure to perform a cesarean section in the face of fetal distress, misuse of obstetric forceps and vacuum extraction, and mismanagement of vaginal birth after cesarean section.

Briefed and argued as Amicus Curiae in Pennsylvania Superior and Supreme Courts, on behalf of the Pennsylvania Trial Lawyers Association several significant appellate cases, including cases upholding the constitutionality of Rule 238 damages for prejudgment delay.

Testified on several occasions before Pennsylvania Senate and House Committees and other entities regarding medical negligence issues and proposed legislation.

HONORS AND AWARDS

2000 Justice Michael Musmanno Award, Philadelphia Trial Lawyers Association
1999 Milton D. Rosenberg Award, Pennsylvania Trial Lawyers Association
1996 Civil Litigation Section Special Award, Pennsylvania Bar Association

PROFESSIONAL ASSOCIATIONS, ACTIVITIES & CERTIFICATIONS

American Bar Association
Vice-Chair, Law & Medicine Committee, 1995-1998

Association of Trial Lawyers of America
Board of Governors, 1988 to 1991
Chair, Professional Negligence Section, 1992-93
Chair, Consumer Relations Committee, 1989-90
Co-Chair, Public Education Committee, 1998-99
Co-Chair, Lawyers’ Challenge for Children Committee, 1998-99
Co-Chair, Peoples’ Law School/Speakers’ Bureau
Sub-Committee, 1998-99

Pennsylvania Trial Lawyers Association
President, 1997-98
Board of Directors and Officer positions 1982-1997
Executive Committee, 1987-88; 1990-1999
Co-editor, The Barrister, 1983 to 1999;
Chair, Budget Committee, 1993-94;
Chair, Fund Development Committee, 1993-94
Chair, Women Trial Lawyer’s Committee, 1998-2001

Philadelphia Trial Lawyers Association
President, 1987-88
Board of Directors and officer positions 1979-87
Member and/or Chair of every committee over the years

Pennsylvania Bar Association
Member, House of Delegates, 1987 to present
Chair, Civil Litigation Section, 1995-96
Co-Chair, Committee on Professional Liability,
Civil Litigation Section, 1986 to 1989;
Member, Council on Judicial Independence, 1999-00

Philadelphia Bar Association
Member, Board of Governors, 1985-1988
Co-Chair, Women in the Profession Committee, 2000-02
Chair, State Civil Judicial Procedures Committee, 1992-93
Member, Commission on Medical Cases, 1996-97
Member, 1996 Gender Bias Task Force
Member, Special Committee to Study Philadelphia Courts, 1991-92
Member, Professional Guidance Committee, 1987 to 1997
Member, Special Committee on Tort Law - 1986
Member, Long Range Planning Committee - 1986-87; 1990-91;
Vice-Chair 1987-88;

Court of Common Pleas of Philadelphia
Served as Settlement Master and presently as Judge Pro Tem - 1993 to present

The Disciplinary Board of the Supreme Court of Pennsylvania
Member, Hearing Committee 1.04 - 1986-90; Chair, 1990-92
Continue to serve as hearing committee member on an as needed basis
Delegate to Third Circuit Conference, Philadelphia, PA - Sept.,1987

Delegate to the Third Circuit Conference, Philadelphia, PA - Sept., 1987

Trial Advocacy Foundation of Pennsylvania,
Statewide Seminar Committee, 1986-1995

LAWPAC contributor since 1979

Lawyers for Consumer Rights, Board of Directors and Officer 1988-91

Women's Law Project, Board of Trustees, 1999-present

Women’s Task Force Advisory Council, Mentoring Group for Young Women Attorneys

REPRESENTATIVE LECTURES BY INVITATION

Oct., 2003 PaTLA Seminar: Med Mal Expert Testimony: The Keys to Victory.
Philadelphia, PA

July, 2003 Pennsylvania Conference of State Trial Judges Seminar: Medical Malpractice Update. Hershey, PA.

July, 2003 ATLA Seminar: Using Daubert/Frye as a Sword, Not a Shield.
Annual Convention, San Francisco, CA

July, 2003 PaTLA Seminar: Medical Malpractice: Critical Cross Examination
Ten Tips for Cross Examination of Medical Experts
Annual Convention, Nemacolin Woodlands, Farmington, PA

April, 2003 PaTLA Seminar: Med Mal Top Ten Issues: What You Need to Know
Phila., PA;

Feb., 2003 PaTLA Telephone Seminar: New Supreme Court Rules: Certificate of
Merit and Venue;

Oct., 2002 PaTLA Seminar: Medical Malpractice - How to Win in Today’s Environment
Phila., PA;

April, 2002 PBI Satellite Broadcast: Medical Liability Reform, CAT Fund Reform and Patient Safety, Harrisburg, PA

April, 2002 PaTLA Seminar: New Med Mal Legislation - House Bill 1802. Phila., PA; Harrisburg, PA

March, 2002 PBI Seminar: Trial Tactics, Tips & Techniques. Phila., PA

Nov., 2001 PBI Seminar: Proving Damages in Personal Injury and Death Cases. Phila., PA; Harrisburg, PA

Oct., 2001 PBI Seminar Master Advocate Series: Deconstructing the Medical Negligence Case (3 hour one speaker program), Phila., PA; Harrisburg, PA

July, 2001 PaTLA Seminar: Medical Malpractice Workshop. Annual Convention, Hershey, Pennsylvania.

April, 2001 ATLA Boardwalk Seminar - Personal Injury - 2001: A Trial Odyssey. “Using Frye/Daubert as a Sword, not a Shield.” Atlantic City, NJ

April, 2001 PaTLA Seminar: Trial, Negotiation & Business Skills for Women Trial Lawyers
Phila., PA (Course Planner)

Dec., 2000 PBI Seminar: Race & Gender in the Courtroom: Tips & Tactics to Benefit your Clients, Phila., PA (Course Planner)

Nov., 2000 PBI Seminar: Trial Tactics: Cross-Examination of Medical Experts., Phila., PA; Harrisburg, PA

July, 2000 PaTLA Seminar. “Using Frye as a Sword not a Shield.” Annual Convention, Nemacolin Woodlands, Farmington, PA

Oct., 1999 PaTLA Seminar. 3rd Annual Medical Negligence Seminar: Focus on Orthopedic Surgery. Phila., PA

July, 1999 PaTLA Seminar. "Medical Malpractice: Delay in Diagnoses of Cancer." Philadelphia, PA.

Nov., 1998 PaTLA Seminar. "Malpractice in the E.R.: Medicine, Law and Tactics." Philadelphia, PA.

July, 1998 PaTLA Seminar. “Top 10 Missed Diagnoses in Emergency Rooms.” Annual convention. Hershey, PA.