Ben B. RubinowitzManaging Partner
80 Pine St
New York, New York 10005-1724
J.D., Hofstra University, 1981
B.A., Boston University, 1978
magna cum laude, Phi Beta Kappa
Jurisdictions Admitted to PracticeNew York, 1982
U.S. District Court, Eastern & Southern Districts of New York, 1982
Ben B. Rubinowitz
Throughout his 30-year legal career, Ben Rubinowitz has made his mark as a leading trial lawyer combining hard work and dedication with his remarkable courtroom skills and presence. Mr. Rubinowitz began his career as a prosecutor, where he honed the trial skills that would become his hallmark. From there, he began serving as a trial lawyer representing severely injured plaintiffs in personal injury cases, eventually joining GGCSMB&R in 1989. For the past 12 years Mr. Rubinowitz was featured in New York Magazines' article on "Best Lawyers in New York" and was recently named "Best Lawyers, Lawyer of the Year". He is one of ten GGCSMB&R attorneys who were listed in "The Best Lawyers in America"- which is more than any other New York plaintiff's personal injury firm. For the past 7 years Ben has been recognized in the New York Times as one of the "Top 100" lawyers in the New York Metro area, as evaluated by New York Super Lawyers. Ben was honored by being elected to be a member of the prestigious Inner Circle of Advocates. The Inner Circle of Advocates is limited to 100 members considered among the best plaintiffs attorneys in the United States and also to be "lawyers of excellent character and integrity."
Ben's meticulous approach to the preparation and trial of cases has produced 21 verdicts and over 100 settlements in excess of one million dollars in cases arising out of car accidents, premises accidents, construction accidents, medical malpractice, civil rights violations and products liability. Mr. Rubinowitz has a thorough grasp of the nuances of complex issues. This, coupled with his ability to translate complicated information into clear terms for a jury, has left an indelible impression on all those who have witnessed him in action--including even defendants' medical experts that he has cross-examined. In addition to his skills as a trial lawyer, Mr. Rubinowitz has successfully argued appellate cases before the Appellate Division and the highest court in the State of New York, the Court of Appeals.
Mr. Rubinowitz's experience and legal acumen is also sought out outside of the courtroom. He has appeared as a legal expert on Court TV and co-authors a regular column in the NY Law Journal on the subject of trial advocacy. His successes as a trial lawyer and expertise in his field have earned him national recognition as a trial advocacy teacher both to attorneys and to law students. Mr. Rubinowitz has lectured, chaired, and participated in seminars and programs at Harvard, Yale, Emory, Fordham, Hofstra, St. John's, Pace and Cardozo law schools, as well as more than 100 continuing legal education programs throughout the country and internationally. In recognition of his trial skills, Mr. Rubinowitz has been asked by the National Institute for Trial Advocacy to serve as a national and regional team leader and thereafter, ultimately elected to the prestigious position of a National Board Member of the National Institute for Trial Advocacy. And, more recently, Mr. Rubinowitz was asked by the Duke University School of Medicine and Columbia University, College of Physicians and Surgeons to lecture physicians about Medical Malpractice at the National Urologic Forum.
For the past five years Mr. Rubinowitz has chaired the prestigious "Masters of the Art of Trial Advocacy Program" sponsored by the New York State Trial Lawyers Association. That program was a three part seminar featuring only lawyers who have obtained multiple seven- and eight- figure verdicts for their clients. Due to his experience and skill, Mr. Rubinowitz was also asked to Chair the New York State Bar Association programs on Construction Site Accidents and The Basics of Civil Practice. This year, Ben was asked to be the Program Director for the prestigious National Program of the National Institute for Trial Advocacy.
Mr. Rubinowitz is a member of the exclusive Inner Circle of Advocates, The International Academy of Trial Lawyers, a Director of the New York State Trial Lawyers Association and a Past President of the American Board of Trial Advocates. Mr Rubinowitz holds an "AV" rating (highest rating) from the Martindale-Hubbell Law Directory, which is one of the oldest and best-known catalogues of lawyers in the United States.
Among Ben's recent Court victories are a $27,500,000 verdict obtained in New York Supreme Court in which a woman, who was struck by a bus while crossing the street, lost her leg. This is the largest award in New York State history for this type of injury; a $26,000,000 settlement in a wrongful death claim by the husband of a woman struck and killed by a truck. This is one of the largest wrongful death awards in the country for the death of one person; a $17,250,000 verdict in a medical malpractice case in which a man was rendered partially incontinent as a result of a doctor committing medical malpractice. This case was tried to verdict in Syracuse, New York and is one of the largest verdicts ever obtained in that county; an $11,400,000 verdict for the sexual abuse of two teenagers; a $10,000,000 settlement for a woman who was rendered blind as a result of being struck by a drunk driver. Ben successfully argued this case before the highest Court in the State, The New York Court of Appeals winning a 7 to 0 decision for his client (to see the legal argument click here). Ben later settled this case during trial in Nassau County Supreme Court; an $8,000,000 settlement during trial in Queens, New York for a woman who suffered brain damage as a result of anesthesiologic malpractice; an $8,000,000 settlement obtained during trial for a baby rendered brain damaged shortly after birth and an $8,000,000 settlement on behalf of a man who lost his wife as result of the reckless conduct of a man who was driving while intoxicated.
Most recently, Ben obtained a multi-million verdict for a bicyclist who was struck by a bus. The bicyclist suffered degloving injuries to her leg. Immediately following this verdict, the New York City Transit Authority settled a case with Ben for $6,500,000 for an 80 year old woman who suffered crush injuries to her feet. To date, Ben has obtained many of the largest awards ever on behalf of pedestrians and bicyclists struck by Buses and Trucks.
PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS
The Inner Circle of Advocates
Member (Top 100 Plaintiff’s Lawyers in the Country)
American Board of Trial Advocates
(Past President of the New York City Chapter)
International Society of Barristers
The International Academy of Trial Lawyers
The American Trial Lawyers Association
New York State Trial Lawyers Association
New York State Bar Association
New York County Lawyers Association
Ben Rubinowitz has been widely recognized as an Expert in his field. He co-authors a regular column with his good friend and colleague, Evan Torgan, entitled, "Trial Advocacy," for the New York Law Journal, the daily newspaper for attorneys in New York State. The column discusses state of the art techniques required for successful outcomes at trial. Many of the actual articles are posted on this site.
- Cross-Examining the Mistaken Witness, New York Law Journal, December 15, 2014
- Wrongful Death: Voir Dire as a Bridge to Summation, New York Law Journal, October 27, 2014
- Videotaping IMEs: a Corollary to Defense Surveillance, New York Law Journal, August 26, 2014
- Making the Most of Omissions: When Critical Facts Are Left Unsaid, New York Law Journal, June 23, 2014
- Direct Examination of the Economist, New York Law Journal, May 19, 2014
- Case for the Rhetorical Question as a Summation Technique, New York Law Journal, February 24, 2014
- Exposing Expert Witness' Bias During Cross: Collateral Attack, New York Law Journal, December 23, 2013
- Turning the Table: Cross-Examining IME Doctor Using Video of Exam, New York Law Journal, October 28, 2013
- Summation: More than a Final Argument, New York Law Journal, August 26, 2013
- The Use of Video Depositions at Trial, New York Law Journal, July 15, 2013
- Preparing For and Defending Against the Collateral Attack, New York Law Journal, April 29, 2013
- Focusing on the Witness’ Answers and Asking Follow Up Questions, New York Law Journal, February 22, 2013
- Trying a Labor Law Case With a Sole Proximate Cause Defense, New York Law Journal, January 9, 2013
- Cross Examination: Comparison of Different Approaches, New York Law Journal, October 23, 2012
- Oratory Techniques for Effective Opening Statements and Summations, New York Law Journal, September 11, 2012
- Controlling Witnesses on Direct and Cross, New York Law Journal, June, 19, 2012
- Aggravation of a Pre-Existing Medical Condition, New York Law Journal, April 23, 2012
- Examining the All-Purpose Expert, New York Law Journal, December 29, 2011
- Proving Liability Through Injuries, New York Law Journal, October 28, 2011
- Depositions: An Important Tool for Trial, New York Law Journal, August 23, 2011
- "Good As Gold: Using Analogies and Short Stories In Summation," New York Law Journal, June 28, 2011
- "Dealing with Damages In Voir Dire and Summation," New York Law Journal, April 25, 2011
- "Using The Internet As A Tool For Cross Examination," New York Law Journal, February 28, 2011
- Common Mistakes on Direct Examination, December 28, 2010
- Proving Your Case Through Adverse Witnesses, November 1, 2010
- Preserving and Protecting the Trial Record, August 30, 2010
- The Adverse Direct Examination of a Defendant Doctor, July 6, 2010
- Cross Examination, Dealing With Changing Testimony: From Set Up to Knock Down, April 22, 2010
- Exposing Biased Testimony on Cross, February 23, 2010
- Control During Cross Examination: Stopping The Run Away Witness, November 19, 2009
- Dealing With Weaknesses and Maintaining Credibility, October 20, 2009
- Trial of A Soft - Tissue Knee Injury Case, August 27, 2009
- Rethinking The Chronological Presentation of Evidence, July 28, 2009
- Jury Selection: Dealing With Damages in Era of Tort Reform Trial Advocacy, December 23, 2008
- The Cross Examination of the Defense Economist, 10/31/08
- The Art of Jury Selection: Working With Challenges, 8/29/08
- Getting the Big Picture: using Exhibits Throughout a Trial, 7/31/08
- Prep is Key to Cross-Examining Medical Witness, 5/29/08
- Redirect Examination, 11/29/2007
- Proving Damages in a Wrongful Death Case, 10/23/2007
- Jury Selection: Time Constraints and Weaknesses in Cases, 8/29/2007
- Using Operative Terms From Jury Charge in Cross-Exam, 7/26/2007
- Authoritative Texts and Cross-Exam of Medical Experts, 6/7/2007
- Hypothetical Questions on Cross, 12/29/2006
- The Use of Hypothetical Questions as Weapons at Trial, 10/31/2006
- Common Mistakes and Simple Remedies, 9/21/2006
- Introduction of Exhibits in Civil Cases, 7/25/2006
- Continuing to Try Your Case After the Summations, 5/4/2006
- Compendium of Trial Advocacy Drills , by Robert Stein & Ben Rubinowitz, NITA, 2006
- Who's Up First? Issues Related to Order of Summation, 10/25/2005
- Impeachment With a Prior Inconsistent Statement, 1/6/06
- The Trial of a Soft Tissue Injury Motor Vehicle Case, 9/21/2005
- The Virtue of Patience: Setting Up Expert Witness on Cross-Exam, 7/27/05
- The Opening Statement in the Herniated Disc Case, 5/5/2005
- Medical Malpractice: Using Defendants' Evidence Against Them, 12/30/04
- Voir Dire in Medical Negligence Cases: A Plaintiff's Perspective, 10/28/2004
- Tips on Narrative Direct Examination, 9/23/2004
- The Use of Photographs in Personal Injury Cases, 7/29/04
- Direct Examination of a Hostile Witness, 5/6/04
- The Cross Examination of the Radiologist in a Soft Tissue Case, 11/3/03
- Economic Testimony: From Lay Witness to Economist, 7/31/03
- Cross-Examination of Medical Doctors: Recurrent Themes, 5/3/2003
- The Freeze-Frame Technique: A Method for Exposing Key Points, 11/29/02
- Direct Examination is an Overlooked Art Within Trial Practice, 10/29/02
- The Voice of Reason: A Powerful Approach to Cross Examination, 8/19/02
- Cross-Examination: The Basics, 7/31/02
- Focusing on the Negative in an Independent Medical Exam, 5/15/08
- Dealing With Monetary Damages from Voir Dire to Summation, 11/29/01
- The Tale of the Tape: Dealing with Video Surveillance of Your Client, 10/29/01
- The Use of the Analogy During Trial, 9/22/01
- Cross-Exam of Vocational Rehabilitation Experts, 7/31/08
- The Use of the Rhetorical Question on Summation, 5/16/01
- Direct Examination of a Medical Expert, 11/28/00
- The Opening Statement, 10/24/00
- Cross-Examination of a Medical Expert: Collateral Attack, 8/22/00
- Cross-Examination of a Medical Expert, 7/25/00
- Jury Selection, 5/23/00
Mr. Rubinowitz has devoted his career to obtaining the best possible results for his clients. His numerous verdicts and settlements are well known throughout the State. In recognition of his expertise, Mr. Rubinowitz has been asked to lecture and share his knowledge with practicing attorneys throughout the country. To date, Mr. Rubinowitz has lectured at more than 100 Continuing Legal Education Courses.
- Featured speaker, New York State Trial Lawyers Association's Flagship Program "Decisions." Ben provided expert commentary on Recent Developments in Trial Practice including Wrongful Death, Personal Injury and Medical Malpractice Cases. September, 2014
- Mastering the Deposition, Featured Speaker, New York Women's Bar Association, June, 2014
- Program Director, National Program, Boulder Colorado, National Institute for Trial Advocacy, July, 2014
- Featured Expert, Medical Malpractice, The National Urologic Conference, Colorado, January, 2014
- Featured Speaker, The New York State Judicial Institute, White Plains, New York, 2014. Ben was asked to speak to Judges and Judicial Referees about Trial Practice at the State-wide Conference for the Judiciary
- Chair, Basics of a Civil Trial Program, New York State Bar Association, November, 2013
- Featured Speaker, Anatomy of a Trial Program, New York City Bar Association, November, 2013. Ben was asked to lecture along with the Hon. Mary Jo White and the Hon Herb Stern about Successful Opening Statements
- Cardozo Law School, Winning Opening Statements, November, 2013
- Featured Speaker, Direct and Cross Examination Skills, Fordham Law School, with the Hon. Douglas McKeon and Evan Torgan, Esq.
- Program Director, National Institute For Trial Advocacy, Boulder, Colorado, July - August 2013
- Chair, New York State Trial Lawyers Association, Examination of Medical Experts in the Catastrophic Injury Case, April, 2013
- Fordham Law School, Featured Speaker, Opening Statements in a Medical Malpractice Case, February 2013
- Featured Speaker, National Urologic Conference, Medical Malpractice, January 2013
- Feautured Speaker, Dutchess County Bar Association, "Sucessful Trial Techniques -- Direct and Cross Examination."
- Program Director, National Program, National Institute for Trial Advocacy, Summer, 2012
- CHAIR, Master's Program, New York State Trial Lawyers Association, May and June 2012
- Feautured Speaker, Suffolk County Bar Association, The Trial of a Medical Malpractice Case- Opening Statements, April 2012
- Featured Speaker, Winter Urologic Forum, Medical Malpractice, January 2012
- Featured Speaker, Decisions 2011, NYSTLA
- Guest Lecturer, St. John's Law School, Successful Cross Examination of Experts
- Chair, Construction Site Accidents, New York State Bar Association, December, 2011
- Panelist, The Judicial Conduct Commission, November 2011
- Chair, Basics of Civil Practice -- The Trial, New York State Bar Association, November, 2011
- Chair, Masters Program, Westchester County, New York, September 2011
- Team Leader, Edinburgh, Scotland, Lecture and Demonstration to the Advocates
- Featured Lecturer, New York State Bar Association, How to Commence a Civil Lawsuit, Depositions, May, 2011
- Chair, Masters Program, Opening and Closing Statements, February and March 2011
- Featured Lecturer, National Winter Urologic Forum, "Representing Patients Who Have Been Injured Through Medical Negligence," January, 2011
- Chair, Construction Site Accidents, NYSBA, 2010
- Guest Lecturer, Cardozo Law School, Opening Statements, 2010
- Featured Speaker, Views From a Patient's Lawyer, Medical Liability Mutual Annual Seminar, Albany, NY 2010
- Nassau Suffolk Trial Lawyers, How To Be An Effective Advocate, 2010
- Team Leader, National Program, National Institute for Trial Advocacy, 2010
- Howrey Law Firm, Faculty Trial Techniques Course, 2010
- The Cross Examination of the Forensic Psychiatrist, Lecture with Justice Arthur Diamond, 2010
- St. John's Law School, How to Cross Examine Effectively, 2010
- Guest Lecturer, Annual Dinner Nassau/Suffolk Trial Lawyers Association, Crucial Aspects of Trial Advocacy
- Lecturer, How to Try a Medical Malpractice Case, New York City Bar Association, 2010
- Long Island Radiologic Society, Lecturer to Physicians, What you need to know about Medical Malpractice, 2009
- How to Deliver Effective Opening Statements and Closing Arguments, Chair, Masters Series, New York State, 2009
- Lecturer, How to Successfully Represent the Victims of Drunk Driving Accidents, Hofstra Law School, 2009
- Lecturer, Maximizing Damage Awards: How to appropriately and successfully represent the victims of Construction Site Accidents
- Chair, Construction Site Accidents - - The Trial of a Labor Law case, New York State bar Association, 2009
- Chair, Masters of Trial Advocacy, New York State Trial Lawyers Association, February and March, 2009
- Chair, Examination of Expert Witnesses, New York State Trial Lawyers Association, June, 2009
- Lecturer, Winning Cross Examination, Saint John's Law School, April, 2009
- Lecturer, Summation, Bronx County Bar Association, February, 2009
- North Shore/LIJ Hospital, Cross Examination of the Forensic Psychiatrist, April 18, 2008
- St. John's Law School, Mastering the Art of Cross Examination, April 11, 2008
- Suffolk County Bar Association, Directed Cross Examination Skills, April 8, 2008
- Winter Urologic Forum Scientific Program, State of the Art Urology; Lecture: Issues in Medical Malpractice sponsored by the Postgraduate Institute of Medicine
- N.Y.S.T.L.I., 2008
- Chair, Masters of the Art of Trial Advocacy, January 16, 2007; February 26, 2007; March 19, 2008
- N.Y.S.T.L.A., Trial Practice, 2007
- Chair, Construction Site Accidents: The Law and The Trial, New York State Bar Association, 2007 and December 2008
- Social Security Disability Law Forum, Cross Examination of Medical Experts, N.Y.C., 2007
- Update on Trucking Litigation and Claims, N.Y.S.B.A., 2006
- Kings County Bar Association, Jury Selection Seminar, 2006
- Bronx County Bar Examination, Lecture, How to Cross Examine an Expert, 2006
- A.T.L.A., Thinking Inside the Box: Jury Selection and Opening Statement Seminar, April 21-22, 2006, Austin, TX
- Cross Examination, Bronx County Bar Association, April 19, 2006
- Masters Class In Jury Selection, Brooklyn Bar Association, April 3, 2006
- New York State Supreme Court Judges Association, Dealing with the New York State Judicial Conduct Commission
- North Shore University Hospital, The Criminalization of Medical Malpractice
- Long Island Radiologic Society, Perspectives on Medical Malpractice
- Duke University School of Medicine, Winter Urologic Forum, Lecture on Medical Malpractice
- Openings and Closings Seminar, N.Y.S.T.L.A.
- How To Try An Auto Accident Case, N.Y.S.T.L.A.
- National CLE Program, 1999-Present
- Corporation Counsel, N.Y.C., Trial Advocacy Training Program
- United States Attorneys Office, Trial Practice Training Program, S.D.N.Y.
- Continuing Legal Education, New York County Lawyers Association
- Trial Academy, Direct and Cross Examination Skills, New York County Lawyers Association
- Rising Star Seminar, N.Y.S.T.L.A.
- Jury Selection Seminars, N.Y.S.T.L.A., 2000-Present
- Master Advocates Program, N.I.T.A.
- Fordham Law School, C.L.E.
- Damages Seminar, N.Y.S.T.L.A.
- Expert Witness Seminar, N.Y.S.T.L.A.
- Trial Tactics Seminar, N.Y.S.T.L.A.
- Proof of Damages Seminar, Practicing Law Institute
- Chair, Examination of Medical Witnesses, June 7 & 14, 2006
- Chair, Cross-Examination Seminar, N.Y.S.T.L.A., 2000-Present
- Chair, Cross Examination Seminar, N.Y.S.T.L.A., 2000-Present
- Nation Institute for Trial Advocacy, Team Leader, teaching attorneys trial advocacy, 1982-Present
CASES OF NOTE: BY BEN RUBINOWITZ
$27,500,000 verdict for a pedestrian struck by a bus. The pedestrian, a woman who was 45 years old at the time of the accident, suffered the loss of her leg after being struck by a New York City Transit Authority bus. The jury found that the Transit Authority was 100% at fault for the happening of the accident. The jury awarded $8,000,000 for past pain and suffering, $8,000,000 for future pain and suffering, $9,500,000 for future medical expenses, and $1,000,000 to the pedestrian’s husband for past loss of services and $1,000,000 for his future loss of services. This is the largest verdict for such an injury in New York State history.
$26,000,000 settlement for a pedestrian struck by a truck in a Personal Injury and Wrongful Death action. The decedent 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. She was killed in this accident leaving behind her husband and their young child.
$17,250,000 verdict for a 43 year old man who was rendered partially incontinent as a result of a doctor committing Medical Malpractice in failing to diagnose a spinal arterial-venous malformation (AVM). The man, who lived in upstate New York, had complained of progressive sensory and motor loss below his waist; however, his complaints were largely ignored by his treating physician. As a result of this medical negligence the man suffers from sensory loss and walks with a noticeable limp. The case was tried in Onondaga Supreme Court and was, at the time, the largest verdict in the county.
$2,100,000 Settlement in a Medical Malpractice case for a 61 year old man who underwent robotic surgery for prostate cancer. During the procedure the surgeon negligently injured the plaintiff’s rectum causing a recto-urethral fistula (a connection between the urethra and rectum) requiring additional reparative surgery.
$2,075,000 Settlement for a man who was injured while he was a passenger in a taxi cab that was struck by a New York City police car responding to an emergency. The plaintiff, a 65 year old man, suffered neck injuries - - a herniated cervical disc requiring surgery.
$12,400,000 settlement in a Wrongful Death case in which a mother of three children died due to the negligence and carelessness of Consolidated Edison-- a utility provider in New York City -- when Con-Ed employees failed to evacuate a home in light of a known gas leak. As a result of Con-Ed's negligence, the house exploded killing a mother of three children. This is the largest settlement in New York for a case based on the Wrongful Death of a mother and corresponding damages of the children's loss of parental guidance and support.
$7,125,000 Verdict for a 41 year old man injured in a car accident. The plaintiff, who suffered knee injuries - - tears to his anterior and posterior cruciate ligaments and medial collateral ligaments - - brought suit against the City of New York and its construction company for failing to provide warning and notice to motorists that the West Side Highway was being shut down. This is the largest verdict in New York State for knee injuries.
$11,400,000 verdict for the sexual abuse of two teenagers. A youth minister repeatedly raped and sodomized two teenagers that were part of his Parrish. The case was brought for the negligent hiring and retention of the Minister and for the emotional distress suffered by the teenagers. The jury concluded that the defendants acted with reckless disregard for the health, safety and wellbeing of the teens. Both Teens suffer from Post Traumatic Stress Disorder.
$10,000,000 settlement for a woman rendered blind as a result of being struck by a drunk driver. The Drunk Driver, who was convicted criminally for Driving While Intoxicated and Criminally Negligent Homicide, had a limited Insurance Policy. As a result of our thorough investigation, it was determined that this driver had been served alcoholic beverages at a restaurant while he was visibly intoxicated. This is a violation of the New York State Dram Shop Law which prohibits bars and restaurants form continuing to serve alcoholic beverages when a patron has had too much to drink. Both the driver and restaurant were at fault for this accident. Mr. Rubinowitz successfully argued this case before the highest Court in the State - - The New York Court of Appeals, winning a 7-0 decision in favor of his client.
$10,000,000 settlement for a woman who suffered severe injuries to her legs as a result of the negligence of a bus driver. An MTA bus lost control while attempting to park and struck a pedestrian who was lawfully in the bus waiting area.
$8,570,000 verdict for a Bicyclist struck by a Bus. This accident took place in Manhattan. The bicyclist, suffered degloving injuries to her leg and required multiple skin grafts. In this case, the New York City Transit Authority refused to settle the case claiming that the bicyclist was fully responsible for her own injuries. After a 7 week trial, the jury determined that the Bus Driver and Transit Authority bore the majority of fault in the case and returned a multi-million dollar verdict.
$8,000,000 settlement for a Wrongful Death case in which a 23 year old mother was killed by a drunk driver. The woman who was killed was survived by her husband and her 4 year old daughter . The young child was entitled to compensation for the loss of her mother – expressed legally as her loss of parental care, support and guidance. This is the largest award in New York State for the death of a mother leaving one child surviving her.
$8,000,000 settlement during trial in a Medical Malpractice case in which a woman was rendered brain damaged as a result of anesthesiologist’s departures from the standard of care. In this case, a 26 year old pregnant woman was admitted to a major New York City Hospital to deliver her child. After approximately 20 hours of labor, her treating obstetrician ordered a C-section. A spinal block using the anesthetic Marcaine was given by her anesthesiologist. The doctors negligently monitored the administration of the anesthetic agent and as a result of this “high spinal” the young woman’s respiratory muscles were paralyzed and she was unable to breathe adequate amounts of oxygen resulting in brain damage. The doctors failed to timely intubate this woman when her blood pressure, heart rate and oxygen saturation levels decreased.
$8,000,000 settlement for a man who lost his wife as a result of the negligent and reckless conduct of a man who drove while intoxicated (DWI). The drunk driver was fully at fault for the accident.
$8,000,000 settlement during trial in a Medical Malpractice case in which a newborn baby was given excessive amounts of a hypertonic solution to treat a bowel obstruction. In this case, the pediatric surgeon administered 300cc’s of a hypertonic solution when he should have administered 30-60cc’s . As a result of this departure from accepted standards of care, the baby suffered a brain injury.
$6,500,000 settlement for an 80 year old woman who was struck by a bus. The woman suffered crush injuries to both feet and underwent numerous surgeries. This case was settled immediately after Ben obtained a multi-million dollar verdict against the same defendant – the New York City Transit Authority (NYCTA).
$5,000,000 settlement in a Wrongful Death case in which a man (father and husband) was killed in an auto accident. The defendant driver failed to pay proper attention to the road conditions and traffic patterns and as a result of his failure to keep a reasonable and proper lookout, slammed into a car that was forced to stop on the Long Island Expressway due to traffic. This young father and husband was killed instantly by the negligent actions of the defendant driver.
$5,000,000 settlement in a Wrongful Death case in which a bar permitted a man to continue to drink alcoholic beverages before he started driving. That man then drove drunk, killing a father of two children. The claim was brought under the New York State Dram Shop Law which prohibits bars and restaurants from serving alcoholic beverages to those patrons who have had too much to drink. As with most Drunk Driving cases, the drunk driver here had insufficient insurance coverage; however, the responsibility of the bar was fully explored, and it was determined that the bar was also at fault for failing to comply with New York law prohibiting the service of alcohol to those who appear visibly intoxicated.
$4,800,000 verdict for the Wrongful Death of an 8 year old child killed as the result of the negligence of a truck driver. This case was brought against the Truck Driver, the New York City Department of Transportation and Parks Department. Although the Truck Driver ran a red traffic light, the city was also responsible for this accident. The truck driver claimed he could not see the traffic light. The proof at trial revealed that the traffic light itself was not visible -- even at the time it was installed – because it was set up behind a large tree which obstructed the view of oncoming motorists. The jury found both the driver and the city at fault for causing this accident and killing an 8 year old girl.
$4,000,000 settlement for a woman who was struck by a bus and suffered a severe knee injury.
$4,000,000 verdict for a woman who suffered injuries and whose husband was killed as a result of inadequate security at the building in which she lived. The building, North Shore Towers, was a luxury apartment complex in Queens , New York. The security at this building was inadequate at the time of the event in that anyone who went shopping in the public basement arcade of the building had access to every apartment without going through security. In this case, a man carrying a gun was permitted to enter the building, avoid security altogether, rob the apartment, and murder the woman’s husband. Although the assailant was tried and convicted of murder, the Apartment complex was held civilly responsible for its failure to provide adequate security to its tenants.
$3,300,000 for a woman who suffered a Traumatic Brain Injury after being struck by a truck while she was crossing the street
$3,000,000 for a construction worker who suffered a herniated cervical and lumbar disc after falling 10 feet from a scaffold. In this case, the man who was injured suffered from a pre-existing neck and back condition for which he had been treated in the past. The claim was based on the aggravation and exacerbation of the pre-existing condition which now prevented the man from returning to work as a carpenter.
$2,500,000 for the wrongful death of a woman who was struck by a truck while she was crossing the street in the middle of the block. After our thorough pre-trial work-up of the case the total insurance coverage was offered to settle the claim.
$2,500,000 settlement in a Medical Malpractice case for a man whose physician failed to timely diagnose bladder cancer. The man had complained to his doctor of urinary urgency and frequency; however, his doctor simply attributed these symptoms to prostatitis without doing a full urologic work-up. When the man returned 6 months later, he was now complaining of the same symptoms along with blood in his urine. His doctor still failed to do a complete work-up. When another physician properly performed a cystoscopic examination the following month, the bladder cancer was diagnosed. As with all cancers, the earlier the diagnosis the better the outcome. Here, the claim was that his first treating physician deviated from the standard of care by failing to timely diagnose the patient’s bladder cancer which prevented him from receiving appropriate treatment at an earlier point in time.
$2,050,000 verdict for a man who, while riding his bicycle, suffered a fractured pelvis, after being struck by a bus. The bicyclist, a 70 year old man, was struck by a New York City Transit Authority bus and suffered a comminuted fracture of his pelvis.
$2,000,000 verdict for a man who suffered a fractured hip and head trauma in a train accident.
$2,000,000 recovery in a Medical Malpractice case for a man whose physician failed to timely diagnose his prostate cancer. In this case, the treating physician ignored the rise in the PSA results and failed to notify the patient of the significance of the result. The doctor departed from accepted standards of care by allowing 9 months to go by before conducting a biopsy. By the time the cancer was discovered, it had spread outside of the seminal vesicles -- which suggested a much worse prognosis. As a result of the pre-trial work done in this case, the doctor’s entire insurance policy was offered to settle this claim.
$2,000,000 settlement in a failure to diagnose Breast Cancer. In this Medical Malpractice case the defendant physician failed to timely biopsy a palpable lump in a woman’s breast claiming that she was only suffering from fibrocystic breast disease. Six months later another physician properly conducted a biopsy and discovered her cancer.
$1,900,000 recovery for a pedestrian who was struck by a driver. The injured man who was in his 80's suffered a mild traumatic brain injury.
$1,800,000 verdict for a man who suffered the loss of his spleen due to a construction site accident.
$1,750,000 verdict in a Medical Malpractice case. A 51 year old woman underwent aortofemoral bypass surgery in an upstate hospital to relieve blocked arteries. During the procedure, the surgeon negligently nicked her bowel causing a peritonitis (an infection). As a result of the bowel injury the woman had to undergo additional surgeries . The jury returned a $1,750,000 verdict for her pain and suffering.
$1,500,000 verdict in a Medical Malpractice case in which a woman underwent surgery for a hernia repair. During the procedure the surgeon negligently transected her ilioinguinal nerve causing a loss of sensation to a portion of her vagina. Although the defense never made an offer in this case, the jury agreed that the surgeon departed from accepted standards of care and that this injury was not simply a “risk of the procedure.” Although the Trial Court reduced the verdict on a defense motion to $750,000 claiming that the Westchester jury allowed too much for her pain and suffering, Mr. Rubinowitz successfully argued this case before the Appellate Division and was able to reinstate the original $1,500,000 verdict, plus interest.
$1,500,000 settlement for a man who suffered a fractured femur after falling on a defective stairway.
$1,200,000 settlement for a man who suffered a burst fracture of a lumbar vertebra due to an unsafe condition at a school.
$1,200,000 verdict for a woman who, while riding her bicycle, suffered a lower back injury (herniated disc) after being struck by a car.
$1,120,000 settlement for an 83 year old man who suffered a fractured leg in an automobile accident.
LEGAL COMMUNITY SERVICE
Ben has presented a yearly pro-bono lecture series at The Bronx County Courthouse, the Brooklyn Bar Association, New York Supreme Court, the Queens Bar Association, the Nassau/Suffolk Trial Lawyers and Suffolk County Bar Association. In the past, Ben has given pro-bono lectures to the Criminal Division of the United States Attorney's Office for the Southern District of New York, as well as guest lectures at New York Law School and St. John's Law School, Fordham Law School, Cardozo Law School and Hofstra Law School. Ben has also lectured to Judges about the New York State Commission on Judicial Conduct.
HONORS AND AWARDS
In July 2014, Ben was awarded the prestigious Robert E. Keeton award for excellence in teaching. In considering his nomination, the President of the National Institute for Trial Advocacy, Karen Lockwood, stated: "It was recognized that “Ben is a ‘best’ teacher and deserves the best teacher award. He began teaching early in his career, and has contributed to new and evolving methods, such as “drills” and the drill room. He lectures in the same persona that he presents to a jury—a consummate role model."
The Prentice Marshal award was presented to Ben Rubinowitz at the New England Regional NITA program in Boston, Massachusetts in. Ben was recently awarded the position of “Editor-In-Chief” of Smart Litigation, a publication of the New York Law Journal. Ben was recognized for his contributions as a Faculty Member at the National Institute for Trial Advocacy for over 25 years of outstanding service. Ben was elected by his peers to the Board of Trustees of the National Institute for Trial Advocacy. He is one of only 19 members nationwide elected to this prestigious position. Ben has also been recognized as an expert in his field having been asked by the New York Law Journal to be a featured writer on the Field of Trial Advocacy. He has been a featured writer and contributor to this scholarly journal for the past decade.
Ben Rubinowitz was elected a member of the exclusive “Inner Circle of Advocates.” The Inner Circle of Advocates is limited to 100 members considered to be among the best plaintiff’s attorneys in the United States and also to be “lawyers of excellent character and integrity.”
Charitable giving and community service is very important to Ben Rubinowitz. Ben Rubinowitz is proud of his support of medical and legal organizations, law schools and pro bono activities. In addition to the donation of his time, Ben has donated money to provide financial support to the following organizations.
This is a not for profit school that provides services for children with developmental disabilities including autism, speech delays, motor and visual impairments, cognitive delays and social and emotional deficits.
This is an organization that is building a much needed hospital in Santo Domingo. This organization strives to create sustainable health care in Latin America through education.
The mission of the Leukemia and Lymphoma society is to cure Leukemia, Lymphoma, Hodgkin’s disease and myeloma, and improve the quality of life for those suffering with illness.
A National litigation and public policy organization dedication to exonerating wrongfully convicted individuals through DNA testing and reforming the criminal justice system to prevent further injustice.
The Melanoma Research Alliance
The Melanoma Research Alliance seeks to impact the lives of more than 70,000 Americans, through scientific research, who are newly diagnosed with melanoma each year.
JALBCA, the JUDGES AND LAWYERS BREAST CANCER ALERT
JALBCA, the JUDGES AND LAWYERS BREAST CANCER ALERT, is an organization that mobilizes the New York City legal community to take action against breast cancer. Each year our firm is a proud sponsor of a free mammography Van to help those people who do not have insurance or are otherwise too poor to pay for preventative screening for breast cancer.
National Institute for Trail Advocacy
Our firm is a proud donor to the Carol Baldwin Breast Cancer Research Fund. The mission of the Baldwin Fund is to support both new and established research investigating the causes, prevention and treatment of Breast Cancer. To date, the Baldwin Fund has donated more than $4 Million to medical research at Stony Brook. Approximately 39,620 women are expected to die each year from breast cancer (American Cancer Society). Only lung cancer accounts for more cancer deaths in women. Our firm is actively involved in trying to prevent such deaths.
For the sixth year in a row Ben was listed as one of the "Top 100" lawyers in New York Superlawyers Metro Edition. This places Ben in the top 1 percent of all lawyers practicing in New York City.
The Avvo Rating is a comprehensive on-line effort to evaluate a lawyer's background, based on information learned about the lawyer. The rating is calculated using a mathematical model that considers information shown in a lawyer's profile, including a lawyer's years in practice, disciplinary history, professional achievements and industry recognition - all factors that, in Avvo's opinion, are relevant to assessing a lawyer's qualifications.
Ben received a perfect 10.0 Rating: Superb. This is the highest rating a lawyer can earn on Avvo.
Ben was awarded the highest rating possible in the 2010 Martindale-Hubbell Peer Review List.
BEST LAWYERS IN AMERICA
For the past 10 years Ben has been recognized as one of the "Best Lawyers" in the fields of Personal Injury and Medical Malpractice cases for lawyers representing plaintiff - those who have been severely injured through the negligence of others.
REPRESENTATIVE CLIENT REVIEWS
Ben Rubinowitz is a modern-day gladiator armed with the most potent weapons available on earth:
Ben made us feel at ease while working tirelessly in the pursuit of our best interests. He guided us through each step in the process, presented the facts of the case (both favorable and unfavorable), opined on the probabilities of success at different settlement amounts, gave practical advice, and then took swift and definitive action once we had agreed on an approach. Like some of Ben’s cases, ours was settled out of court, thereby sparing all parties the stress and potential all-or-none outcome of a jury-based award.
During our settlement negotiations, Ben was relentless in overcoming each argument that the insurer’s team of attorneys threatened to use in court. Because of his intimate knowledge of medical procedures, the legal system, and other specialized expertise gained through years of in-court experience, Ben was able to convince both us and the insurer’s team of attorneys how compelling a case he would be able to make to a jury. The insurer settled privately for an amount that far exceeded our expectations. Put simply:
We are delighted to give Ben Rubinowitz our highest and unqualified recommendation, and we say to any prospective client, “You couldn’t be in better hands; Ben is the BEST, bar none.”
D. Feller and W. Stratigos
The following reviews are from the Avvo lawyer evaluation:
CLIENT REVIEW :
A considerate, hard working, very smart attorney. Ben worked extremely hard on my case and ultimately was very successful. I consider him a friend and heartily recommend him to anyone in need of his services.
CLIENT REVIEW :
If anyone has any doubts about Ben, don't. If Ben takes your case, consider yourself lucky. You will have one of the smartest, most legally savvy attorneys in the medical malpractice universe. Ben worked tirelessly preparing for my case, and came to trial with a flawless medical understanding, documented with beautifully illustrated posters. More importantly, he came prepared with a watertight legal strategy, yet he remained flexible, quick witted, and fast enough on his feet to switch strategies mid-trial due to changing circumstances. His remarkable memory enabled him to shred the other attorneys every turn, and he was clearly better prepared than the entire opposing legal team. He made their start witnesses (doctors) look incompetent, and punched holes in their testimony. But what made Ben really effective was his genius at handling the jury. Towards the end of the weeklong trial the judge called me into his chamber and begged me to settle with the insurance company, so afraid he was that we were going to end up with nothing. He told me that he was convinced the jury was not on my side. But the judge was dead wrong - the jury gave me an award that broke NY State records. And just as important, Ben did a fantastic job in post-trial negotiations when the insurance companies once again tried to play hardball with us. It took another long hard day of negotiations, but Ben didn't cave, and ended up with a wonderful package. One more thing...Ben became like a brother to me and a step dad to my children, a true friend who is there when we need him, a friend I hope to have the rest of my life. I will never be able to thank him enough for what he has done for me and my family.
(Christopher Jones, client).
CLIENT REVIEW :
The results speak for themselves, yet the means of attaining the results define Mr. Rubinowitz's approach to achieving a way to justifiably find closure to moving on in life with dignity, through equitable assessment and representation of the case in a court of law. His attention to detail and preparation carry and present the needs of the client. Aiding and empowering with an insight of what can be accomplished through the legal system. Instead of being viewed as a detail in a portion of the case, the client is presented with the best opportunity as the focus of the case. Mr. Rubinowitz's abilities in the courtroom represent and reflect years of experience providing the most reasonable, and realistic of results. When one's own life has sustained irreparable damage and decreased quality of life and your case is placed under scrutiny before the eyes of the law the best representation is the best defense. Mr. Rubinowitz's representation in defense is what made a difference in depth of scope of my case being evaluated before my peers "beyond a reasonable doubt in my favor". Thus attaining justified compensation and the best possible solution to what has been personally lost beyond restoration.
(Gloria Aguilar, client)
Ben has a fine sense of case dynamics and led me to a settlement beyond what I had expected. He is a pleasure to work with.
I had the great pleasure of attending a two-week national trial advocacy seminar hosted and planned by Mr. Rubinowitz. I found him to be a truly exceptional trial advocate, and one of the finest cross examiners I have ever seen. I practice in San Francisco and teach trial advocacy at Berkeley Law, and am proud to say that my students know Mr. Rubinowitz by name given how often I teach them the very same advocacy methods and skills he shared with me. I wholeheartedly endorse him for handling personal injury and wrongful death matters - if you want the best, call Mr. Rubinowitz.
S.P., San Francisco, CA.
I strongly endorse this lawyer. I am a fellow trial lawyer and have worked with Ben for over 15 years on numerous matters. He is a great trial lawyer. He is meticulous in his preparation of cases and his courtroom skills are unmatched. Ben is smart, thought, and always well-prepared. These skills show themselves in the courtroom, at mediations, or anytime he is advocating on behalf of his clients. The proof of his abilities is shown by the phenomenal results that he consistently achieves for his clients. He is highly respected by judges and feared by many defense attorneys. Ben is also a well-respected teacher and writer on topic of Trial Advocacy. Also, I know many members of the trial bar, including myself, seek out Ben's counsel on how to handle their personal injury and medical malpractice cases. He is always accessible and has an uncanny ability to quickly and correctly analyze a case. Simply stated, Ben is one of the finest trial lawyers I know.
D.L., N.Y., N.Y
PEER ENDORSEMENT :
I have had the privilege of working with Ben Rubinowitz for over 25 years. I have been honored to have taught trial advocacy all of the country as well in foreign countries. As a result, I have met and taught with some of the finest lawyers in the world. Ben Rubinowitz is one of the finest attorneys that I have had the chance to work with. His skills and reputation are second to none and I recommend him and endorse him to anyone who is looking for a top-flight trial lawyer.
J.G., Miami, FL
Yolanda Medina, a young mother of 3 children, offered to donate a kidney to her brother who was in need of a kidney transplant to save his life. The surgery to harvest her kidney was performed at a major metropolitan hospital in New York City. As a result of medical negligence, Yolanda Medina died during the procedure to harvest her kidney and her brother never received her kidney. Needless to say, the Medina family has been devastated by this Medical Malpractice.
The New York State Bar Association held its annual program on Construction Site Accidents. Based on his expertise In the area and for the fourth year in a row Ben Rubinowitz was asked to Chair the program. In the press release for the program Mr. Rubinowitz said, "I am honored that the State Bar Association has seen fit to ask me to chair the program for the last 4 years. Representing victims of Construction, Crane, Ladder and Scaffold accident is a task which our law firm handles with expertise. Our results speak for themselves. We have obtained some of the largest monetary awards in the state for our clients."
BBR Featured at MLMIC Risk Management Seminar In Albany
In recognition of his skill in handling medical malpractice cases Ben Rubinowitz was asked to be a featured speaker at the 25th Annual MLMIC Risk Management Seminar held in Albany, New York. Ben was asked to speak as an advocate for the patient. Ben spoke to more than 125 Risk managers and doctors about common themes in hospital liability cases and how he has handled the high exposure cases.
"I consider it an honor to be asked to lecture to the very people who are often my adversaries," said Ben "and I like to think that we were asked to participate in this seminar based on the extraordinary results we achieve on behalf of our clients." Joining Ben as speakers at the seminar were Dr. Kathy N. Shaw, the Chair of Pediatric Emergency Medicine at the Children's Hospital of Pennsylvania, Fay Rozovsky of the Rozovsky Group and Nancy E. May Skinner, Esq. of Fager & Amsler.
In November, 2011, Cardozo Law School held a seminar on Opening Statements for more than 100 students as a prerequisite to its Intensive Trial Advocacy Program. Featured Speakers at the lecture included Ben Rubinowitz and Judith Livingston. Prof. Ellen Yaroshefsky introduced each of these speakers as "two of the very best trial attorneys in the Country." She went on to say that "each of the speakers is viewed as a 'Lawyer's Lawyer by practicing members of the Trial Bar. Yaroshefsky said "when a lawyer is in need of help these are the lawyers they turn to."
Ben Rubinowitz gave a lecture and demonstration on opening statements in a civil trial focusing on appropriate representation of individuals who have been severely injured through the fault of others in car accidents, products liability and medical malpractice cases.
Ben Rubinowitz to Participate in Discussion of Medical Malpractice Cases in New York Supreme Court.
This program sponsored by The Association of The Bar of the City of New York. The program focused on various aspects of litigating medical malpractice cases, with attention to pitfalls of practice and other insights, all as viewed from the perspective of an experienced trial judge and two seasoned practitioners. The distinguished panel consisted of The Honorable Douglas E. McKeon, J.S.C. and two members of the medical malpractice bar, Ben B. Rubinowitz, Esq., Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, and Glenn W. Dopf., Kopff, Nardelli & Dopf, LLP. Justice McKeon served as speaker and moderator.
In May and June 2013 Ben chaired the prestigious MASTERS PROGRAM sponsored by the New York State Trial Lawyers Institute. This is a program where the most experienced Trial Lawyers who have obtained the highest awards for their clients delivered actual demonstrations of openings and summations in cases they tried and showed how they overcame problems unique to the case to secure successful results on behalf of the injured plaintiffs.
Ben Rubinowitz has, for more than 29 years, lectured to lawyers to help them learn their craft. "I consider it a privilege to be asked to teach younger, less experienced lawyers who want to learn. Hopefully, this teaching has served our legal community well and has provided ethical and strategic insight for trial attorneys to assist them in representing their clients and in obtaining successful results for them.”
In 2013 Ben Chaired prestigious “Masters of Trial Advocacy” Program sponsored by the New York State Trial Lawyers Institute. He has also been asked to speak at the upcoming National Urologic Conference on Medical Malpractice.
TRIAL DEMONSTRATIONS and APPELLATE ARGUMENT BY BEN RUBINOWITZ
For the past 30 years Ben has volunteered his time teaching Trial Advocacy skills to law students and practicing lawyers. Often, Ben has demonstrated these techniques from his most recent trials to his students. Many of these lectures and demonstrations have been digitally recorded and are available through Continuing Legal Education (C.L.E.) providers including the New York State Trial Lawyers Association, Practicing Law Institute, New York State Bar Association, American Association of Justice and the National Institute for Trial Advocacy. Below is a sample of actual in-court argument and trial demonstrations.
In this video Ben Rubinowitz demonstrates a summation from a case he tried with two of his colleagues, Michael Dowd and Paul Mones. The case involved the sexual abuse of two teenagers by their Youth Minister. The case received national press coverage and was reported in the media throughout every day of the trial. The case was brought under various legal theories which included 1: the failure of the defendant to provide proper supervision to the children it was supposed to protect, 2: inadequate, negligent and reckless hiring of a youth minister and 3: negligent and reckless retention of that youth minister. The children that were sexually abused by their youth minister suffered, among other injuries, Post Traumatic Stress Disorder.
In this video Ben Rubinowitz demonstrates his summation in the Aguilar case -- a case that resulted in the largest verdict in the country for a woman who suffered the loss of her leg. This woman, who was walking home, was struck by a careless Bus Driver. The New York City Transit Authority claimed that the woman was at fault for the happening of this accident and that she caused her own injuries; however, the jurors disagreed. After summation, the jury returned a $27,500,000 verdict.
In this video Ben Rubinowitz lectures about the importance of knowing the law in the State in which he practices and explains why it is, at times, better to make a motion prior to the start of the case for a unified trial in order to show the jury that the injuries are inextricably bound with liability. In this video Ben presents an opening statement in which his client was struck by a car and suffered a severe knee injury.
This video is the actual argument presented by Ben Rubinowitz at the New York Court of Appeals -- the highest level Appellate Court in New York. Ben successfully argued this case on behalf of his client -- a young woman rendered blind by a Drunk Driver -- and won a 7-0 decision in favor of his client. "I was extremely pleased that every one of the Judges on the Court of Appeals agreed with my argument" said Rubinowitz , "but I was even more pleased that I was able to secure a Ten Million Dollar award for my client who was so badly injured by this drunk driver."
Disclaimer: Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter.