There’s sometimes a tendency for defense attorneys to focus exclusively on the facts of their case rather than trying to tell the story of their clients. But in the latest episode of Trial Technique Spotlight, noted jury consultant Shane Read says that’s a mistake. And he details why a defense attorney’s powerful opening story about the hospital at the heart of a headline-grabbing baby formula case paved the way for a defense win.
Read said defense attorneys often tell him they think they can’t tell their clients’ stories because they believe plaintiffs generally have the better stories surrounding a case.
“That’s the biggest mistake you can make, if you’re a defense attorney,” Read said. “Study after study has shown that storytelling is the most persuasive way to communicate information to jurors. So why would you give that up?”
Teresa Bartosiak, of Bartosiak Makepeace, did not cede that storytelling power to the plaintiffs. During her opening in a 2024 trial over the severe intestinal condition a baby developed after being given cow’s milk formula in the St. Louis Children’s Hospital neonatal intensive care unit, Bartosiak vividly introduced the hospital.
The trial involved claims against multiple defendants, including product liability claims against the formula manufacturers and a medical negligence claim against the hospital itself for giving premature babies the formula.
That negligence claim placed the hospital and its protocol front and center. And in arguing that point, Bartosiak told the glowing story of the hospital and its mission.
“At St. Louis Children’s Hospital, in the NICU, there is one primary objective. And that is to keep babies healthy,” Bartosiak told jurors. “They want to keep babies healthy, so that they grow into strong healthy children, who grow into strong and healthy adults.”
Bartosiak then highlighted the hospital’s long history as the country’s seventh-oldest children’s hospital, one of the top-ranked children’s hospitals in the nation, and the leading children’s hospital in Missouri.
“[A]t St. Louis Children’s Hospital, they have high standards,” Bartosiak said. “And it’s because of those high standards that they have earned the national reputation that they have.”
Read said Bartosiak’s narrative was critical.
“The reason Teresa Bartosiak got a defense verdict is because she told a compelling story,” Read said, noting Bartosiak repeatedly returned to the key takeaway of her theme: the hospital always aimed primarily to keep babies healthy.
Read added that Bartosiak’s presentation style was every bit as important as the messaging.
“She delivers it with great eye contact, sincerity, and confidence,” Read said. “And the jury picks up on that body language as much as they pick up on the story she’s telling.”
The power of Bartosiak’s narrative, Read said, serves as a lesson for any defense attorney.
“Don’t forget to tell a story. You’ve got one, and you’ve got to find one, or you’re not going to be able to have any chance of persuading the jury.”
Read’s analysis is the latest in CVN’s ongoing series, Trial Technique Spotlight, with Shane Read. Read is a nationally recognized trial consultant and award-winning author who has helped thousands of lawyers transform their deposition, trial, and oral advocacy skills through in-house training programs, one-on-one coaching, and keynote speeches. And in each episode of Trial Technique Spotlight, he uses CVN’s courtroom video to detail the techniques the nation’s top attorneys use, and how to best use them in your own cases.You can learn more about Shane and sign up for his newsletter at ShaneRead.com.
Email Arlin Crisco at acrisco@cvn.com.
Related information:
Learn how Shane Read can help you with trial and jury consulting.
Watch all the episodes of Trial Technique Spotlight, with Shane Read.
