2011 Super Lawyers Pro Bono Award
Attorney Profile

Howard S. Hershenhorn

Howard Hershenhorn

Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz
80 Pine Street, 34th Floor
New York, NY 10005

New York

New York (NY)

Contact Contact Howard S. Hershenhorn
T: 212-943-1090
F: 212-425-7513

Visit: www.gairgair.com
Practice Areas: Personal Injury Plaintiff: General (50%), Personal Injury Plaintiff: Medical Malpractice (30%), Personal Injury Plaintiff: Products (20%)

Personal Injury Plaintiff: General

Personal Injury Plaintiff: Medical Malpractice

Personal Injury Plaintiff: Products

Law School: Brooklyn Law School

Profile

The youngest lawyer to be selected by his peers for inclusion in The Best Lawyers in America and New York Magazine’s Best Lawyers in New York in the specialties of Personal Injury Litigation and Medical Malpractice, he has obtained some of the largest verdicts and settlements in New York and New Jersey. Howard Hershenhorn was also awarded the highest rating possible by his peers in the 2009 Martindale-Hubbell Peer Review Ratings and he recently was recognized in the New York Times as being in the top 5% of all lawyers in the State by New York Super Lawyers.   His recent settlement of $26 million for the family of a well known Financial Analyst who was struck and killed by a truck when she was crossing Sixth Avenue in Manhatten is believed to be the largest in the State of New York for the wrongful death of one person and his multi million dollar April 2010 jury verdict in Nassau County was featured on the front cover of Newsday. His New York County jury verdict of $12.5 million in a wrongful death elevator negligence case and cash settlements of $16 million for a Brooklyn construction worker, and $10.75 million for a Manhattan nurse injured when the tires of a tractor trailer broke loose and struck her, along with recent medical malpractice settlements of $8.5 million and $6 million are all a testament to his abilities as a trial lawyer.   Howard Hershenhorn has represented victims of serious accidents and medical malpractice exclusively since 1996. Prior to joining the firm, he worked as a litigator in what is now one of the largest law firms in the world, DLA Piper, where he represented automobile manufacturers, bicycle manufacturers, pharmaceutical corporations, insurance companies, hospitals and doctors. As a result, he possesses a unique insight into how significant personal injury cases are defended and is able to leverage that knowledge for the benefit of his injured clients. He has been a prominent plaintiff’s attorney from the very beginning, as his first trial as a plaintiff’s attorney resulted in a $4.9 million dollar verdict. His legal skills and leadership in the field were unmistakable and he became a partner in 2000. He currently heads a team of lawyers, paralegals and support staff that handles cases from inception through trial.   Howard Hershenhorn’s legal acumen has been recognized by the non-legal community as well as the legal community throughout the country. He has appeared on CNN, ABC News, CBS News, WPIX and has been interviewed and quoted by The New York Times, Daily News, Newsday and the New York Post.   In May 2010 he was appointed as an Adjunct Professor at Brooklyn Law School teaching a seminar in Personal Injury and Medical Malpractice to second and third year law students. He has also chaired, designed, and taught courses for the New York State Bar Association where he has been the Overall Planning Chair for the annual five-city Construction Site Accident Program. He is often requested to lecture national audiences for the American Bar Association and private Continuing Legal Education firms on the subjects of Automotive Products Liability, Premises Liability, Medical Malpractice and other topics. His numerous articles have been published by the New York Law Journal, the New York State Bar Journal and Medical Malpractice Law and Strategy.   He is a member of the Board of Directors, the Medical Malpractice Committee and the Construction Accident Committee of The New York State Trial Lawyers Association, and is on the Executive Board of the Trial Lawyers Section of The New York State Bar Association where he also serves as Chairman of the Construction Law Committee. Howard is also a director of the Brooklyn Law School Alumni Association. In 2010, he was reelected Trustee of the Village in which he resides, and also serves his community as the Park Commissioner and as an active basketball and baseball coach.

Selected To

New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2009 - Metro
New York Super Lawyers 2008 - Metro
New York Super Lawyers 2007 - Metro
New York Super Lawyers 2006 - Metro

About Howard Hershenhorn

Admitted: 1989, New York

Professional Webpage: www.gairgair.com/New_York_Lawyer_Howard_Hershenhorn.htm

Bar/Professional Activity:

  • District of Columbia, 1991
  • U.S. District Court Western District of New York, 1994
  • U.S. District Court Northern District of New York, 1992
  • U.S. District Court Eastern District of New York, 1992
  • U.S. District Court Southern District of New York, 1990
  • U.S. District Court District of New Jersey, 1989
  • New Jersey, 1989
  • New York, 1989

Scholarly Lectures and Writings:

  • Lecturer: "Products Liability", New York State Bar Association, Spring 1997
  • Lecturer: "Preparing Plaintiff's Expert in the Post Kumho Era", "Products Liability Post-Kumbo Tire: Strategy and Practice" New York State Bar Association, Trial Lawyers Section, Fall 1999
  • Lecturer and Panelist: "What they continue to do Wrong: The Mistakes Repeatedly Made by Plaintiffs' and Defendants' Counsel", Emerging issues in Motor Vehicle Product Liability Litigation, American Bar Association, Tort Trial and Insurance Practice Section, Scottsdale, Arizona, Spring 2000
  • Co-Chair and Lecturer: "Sweating the Small Stuff: The Basics on Motions, Objections and Discovery", New York State Bar Association, Trial Lawyers Section, Spring 2000
  • Overall Planning Co-Chair and NYC Co-Chair: "Do or Die: The Vital Aspects of Your Case", New York State Bar Association, Trial Lawyers Section, Spring 2001
  • Lecturer and Panelist: "Practical Skills Basic Tort and Insurance Law Practice", New York State Bar Association, Spring 2001.
  • NYC Local Chair and Lecturer: "How to Try Damages", New York State Bar Association, Trial Lawyers Section, Fall 2002
  • Lecturer and Panelist with Arthur Miller: "Discovery & Depositions", New York Law Journal & The National Law Journal, Litigation Summit & Exposition, Fall 2002.
  • Lecturer and Panelist: "Sources of Evidence: All That You Leave Behind", Third Annual BNA Litigation Forum, "Electronic Discovery & Document Retention 2003", The Princeton Club, Spring 2003.
  • Lecturer and Panelist: "What they continue to do Wrong: The Mistakes Repeatedly Made by Plaintiffs' and Defendants' Counsel", Emerging issues in Motor Vehicle Product Liability Litigation, American Bar Association, Tort Trial and Insurance Practice Section, Scottsdale, Arizona, Spring 2004
  • Lecturer and Panelist: "What they continue to do Wrong: The Mistakes Repeatedly Made by Plaintiffs' and Defendants' Counsel", Emerging issues in Motor Vehicle Product Liability Litigation, American Bar Association, Tort Trial and Insurance Practice Section, Scottsdale, Arizona, Spring 2007
  • Overall Planning Chair, NYC Chair and Lecturer: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services, Spring 2007
  • Overall Planning Chair, NYC Chair and Lecturer: "Construction Site Accidents: The Law and the Trial", New York State Bar Association, Trial Lawyers Section, Fall 2007
  • Panelist, "Litigation Strategies in Personal Injury Cases - Plaintiff's Point of View", Queens County Bar Association, Spring 2008
  • Overall Planning Chair, NYC Chair and Lecturer: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services, Spring 2008
  • Lecturer: "Emerging Issues In Premises Liability Litigation", American Bar Association, Tort Trial & Insurance Practice Section, Fall 2009.
  • Overall Planning Chair, NYC Chair and Lecturer: "Construction Site Accidents", New York State Bar Association, Trial Lawyers Section, Fall 2009

Verdicts and Settlements:

  • $700,000 in New York County for the death of a woman following gastric bypass surgery.
  • $700,000 against a major foreign tire manufacturer for the wrongful death of an older unemployed Brooklyn man.
  • $750,000 for a Queens County woman that suffered a drop foot due to a perineal nerve injury suffered during spinal surgery.
  • $795,000 for an infant injured at birth sustaining an Erb's palsy in upstate, New York.
  • $1,000,000 for an illegal immigrant who lost two fingers in a mattress cutting machine.
  • $1,200,000 on behalf of a middle aged man who suffered a bowel perforation during a colon resection at a major Manhattan hospital and required further surgery and a colostomy for a period of time.
  • $1,200,000 for a Bronx construction worker who sustained a fractured talus after falling from a ladder. He never had surgery.
  • $1,250,000 for a Nassau County physician that sustained a traumatic brain injury in an auto accident.
  • $1,400,000 for a Suffolk County man that sustained leg fractures after being hit by an SUV at a nightclub in the Hamptons.
  • $1,500,000 (full policy limits) for the family of two elderly parents killed when they were run over on a Queens County street.
  • $1,500,000 in Bronx County against a major beverage manufacturer when its truck struck a young student crossing a street in Jersey City.
  • $1,550,000 against New Jersey Transit for a woman hit by their bus which left the scene and was found by forensic evidence.
  • $1,550,000 for a single male killed in a Swiss Air plane crash.
  • $1,600,000 for a New York County 74-year-old woman whose lung cancer was undiagnosed but appeared in a routine chest x-ray.
  • $1,675,000 for the family of an older man killed on an American Airlines flight.
  • $1,850,000 in Nassau County for an unbelted passenger involved in a roll-over collision.
  • $2,000,000 to the wife of a 76-year-old Bronx man who died after spinal surgery as a result of fluid deprivation.
  • $2,000,000 in Bronx County for an 8 year old boy that lost vision in his eye as a result of a defectively manufactured toy mirror.
  • $2,025,000 in Kings County for a construction worker who lost parts of his fingers when his hand was caught in an unguarded opening of a flatbed truck.
  • $2,150,000 in Nassau County for a prostate cancer patient that developed a fistula after a radical prostatectomy.
  • $2,200,000 in Westchester County for a woman that sustained an eye injury in an auto accident after she was hit by the air bag.
  • $2,400,000 on behalf of the widow of an unemployed 39 year old man who died after a Uvuloplasty when the nurse failed to follow the doctors instructions to properly monitor the patients oxygen saturation.  The nurse claimed that the doctor’s orders were unclear.
  • $2,250,000 for the New York County family of an older man whose heart condition was misdiagnosed resulting in his death.
  • $2,500,000 in Federal Court in North Carolina for a college student who sustained a leg fracture and severe post-traumatic stress disorder after the commuter plane she was on crashed.
  • $2,500,000 in Bronx County for a carpenter that fell from a rolling scaffold and sustained fractures of his spine.
  • $2,650,000 for a married woman with no children who was killed in an American Airlines crash.
  • $2,950,000 for a woman who fell from a scaffold and sustained serious injuries which resulted in infection and death.
  • $3,025,000 against Long Island Bus and The County of Nassau for a 9 year old boy with Down Syndrome who’s mother was killed as she carried him across a Hempstead intersection when a bus collided with an suv that had run a red light.  The bus driver and the municipal bus company were found liable (along with suv operator) and are responsible to pay the entire judgment.
  • $3,500,000 in Suffolk County for the family of a DEA agent killed when the cesspool at his home collapsed.
  • $3,700,000 for an infant injured at birth.
  • $3,800,000 for an Ulster County baby that sustained a skull fracture at birth as a result of improper use of forceps.
  • $4,000,000 for a construction worker who suffered burns after falling into a pit of scalding water.
  • $4,000,000 for a Kings County man who was admitted to the emergency room after a bar fight and had sustained an undiagnosed subdural hematoma.
  • $4,500,000 for victims of a defective diet drug.
  • $4,850,000 for a Kings County infant injured at birth as a result of fetal distress.
  • $5,000,000 to the widow of a Citibank employee who was killed in a plane crash in Brazil. The case was brought in New York against the foreign airline and the plane manufacturer.
  • $5,000,000 for a Kings County construction worker who fell from a roof after it collapsed in Sheepshead Bay Brooklyn.
  • $5,000,000 in New York County for the widow of a physician struck and killed by an N.Y.P.D. tow truck while he was riding his bike on the Green Way on the West Side when the truck made a right turn on to the path and crashed into him. The decedant was not wearing a helmet.
  • $5,995,000 for a young boy in New York County who sustained a brain injury as a result of a pharmacy error in a case involving total parenteral nutrition (TPN) which was mixed with 10 times too much dextrose and which was delivered to the child's home by an out of state pharmacy and administered by a private duty nurse.
  • $6,000,000 in Bergen County, New Jersey in a combination motor vehicle accident/medical malpractice case for a 61 year old woman who sustained a herniated disc as a passenger in a motor vehicle accident. She subsequently underwent a neurosurgical procedure to remove the herniated disc during which the surgeon slipped and lacerated the dura of her spinal cord.
  • $6,100,000 for a Dutchess County medical malpractice case involving the death of a woman after giving birth to triplets. After the birth the decedants internal bleeding was not diagnosed.
  • $7,000,000 for a 68 year old man who was struck by a Town of Parsipanny bus that turned into him while he was crossing the street. The Judge stated that he believes this was the highest settlement ever in any case he has handled in the last 20 years in Morris County N.J.
  • $7,000,000 for the family of a retired widow struck and killed by a truck.
  • $8,500,000 for a baby brain-damaged at birth as a result of fetal distress.
  • $16,000,000 for a construction worker asbestos handler who fell 23 feet from a scaffold at a Pepsi Bottling plant and suffered brain damage.
  • $10,000,000 for a woman that was struck at the Hempstead bus terminal and had bilateral leg amputations.
  • $10,775,000 for a woman who sustained a brain injury after she was struck by two tires which came off of a moving tractor trailer.
  • $12,500,000 for a parking garage employee crushed to death by the man lift he had been standing on.
  • $26,000,000 settlement for a pedestrian struck by a truck in a personal injury action. The decedant was a research analyst at a well regarded brokerage firm who was on her way to work when the truck made a right turn striking her while she was walking in the cross walk.
  • $100,000,000 recovery for the families of 9/11 victims.
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