Howard S. HershenhornPartner
80 Pine Street, 34th Floor
New York, New York 10005
J.D., Brooklyn Law School, 1989
Order of the Barrister
B.A., State University of New York at Stony Brook, 1986
Jurisdictions admitted to practiceNew York, 1989
New Jersey, 1989
U.S. District Court District of New Jersey, 1989
U.S. District Court Southern District of New York, 1990
U.S. District Court Eastern District of New York, 1992
U.S. District Court Northern District of New York, 1992
U.S. District Court Western District of New York, 1994
District of Columbia, 1991
Howard S. Hershenhorn
Howard has been selected multiple times by his peers as a Top 100 Lawyer in the New York Metropolitan Area. Referred to as "The Best of the Best", he has received among the Top 100 point totals in the peer nomination process for the Super Lawyers New York Metro nomination, research and blue ribbon review process. Each year the results have been published in the Magazine Section of the New York Times.
In 2007, he was the youngest lawyer to be recognized 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 been awarded that accolade in every year since. He has also consistently been awarded the highest rating by his peers in the Martindale-Hubbell Peer Review Ratings for both legal ability and ethical standards.
The results Howard has achieved in his legal career are among the most prolific in the history of the State of New York for cases involving personal injury, wrongful death and medical malpractice. In fact, Howard has achieved some of the largest verdicts and settlements in New York State history and secured two of the largest settlements in the history of the firm. His Fall 2014 settlement of $28 million for a teenager seriously injured while a back-seat passenger in a motor vehicle is considered the highest in New York State for an individual injured in a car accident. His $26 million settlement for the family of a Financial Analyst who, as a pedestrian, was struck and killed by a truck while crossing Sixth Avenue in Manhattan is believed to be the largest in the State of New York for the wrongful death of one person.
Recently, his multi-million dollar jury verdict in a Nassau County wrongful death bus accident case was featured on the front cover of Newsday. He has also secured a $10 million Nassau bus accident settlement during trial and a jury verdict of $12.5 million was in a wrongful death elevator accident case in New York County. Representative results in construction accident cases include verdicts and settlements of $16 million for a Brooklyn construction worker, $9 million for a Manhattan construction worker and $8.6 million for a Queens construction worker. He also resolved a negligence/products liability case for $10.75 million on behalf of a Manhattan nurse who was injured when the tires of a tractor trailer broke loose and struck her and resolved an $8 million products liability case involving a defective medical device. Medical malpractice verdicts and settlements include his 2015 settlement of $11.9 million in a Buffalo medical malpractice case which is one of the largest medical malpractice settlements ever in Erie County. Others include a $9 million settlement in an anesthesia malpractice case, an $8.5 million settlement in a fetal distress case, an $8.25 million settlement in an emergency room malpractice case and many results between $5 million and $8 million involving failure to diagnose cancer cases and hospital negligence cases. These verdicts and settlements are some examples of his landmark results and are a testament to his skill as a trial lawyer.
Prior to joining the firm, Howard was a litigator at the law firm DLA Piper, one of the largest law firms in the world. While at that firm, he represented product manufacturers, General and Sub contractors, building owners, automobile manufacturers, bicycle manufacturers, pharmaceutical corporations, insurance companies, hospitals and doctors. Because of this experience, 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 jury verdict in 1995. His legal skills and leadership in the field were unmistakable and he became a Gair partner in 2000. He currently heads a team of lawyers, paralegals and support staff that handles cases from inception through trial.
In May 2010 he was appointed as an Adjunct Professor at Brooklyn Law School. In the fall semester of each academic year since, he has taught a 16 week 2 credit course that he created entitled "A Practical Seminar in Personal Injury and Medical Malpractice." His students have consistently rated him as "excellent" and many have commented that he is "the best professor," teaching the "best class" they have "ever taken." He has also chaired, designed, and taught courses for the New York State Bar Association and 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 Construction Site Accidents, Car Accidents, Automotive Products Liability, Premises Liability and Medical Malpractice. His numerous articles have been published by the New York Law Journal the New York State Bar Journal and Medical Malpractice Law and Strategy.
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 New York Post.
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. Howard is also a member of the Brooklyn Law School's Presidents Advisory Council. In 2014, he was reelected to his fourth term as 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.
PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS
New York State Bar Association (Member, Trial Lawyers Section; Chair, Construction Law Committee)
Member, Executive Committee of the Trial Lawyers Section; Chair, Construction Law Committee
New York State Trial Lawyers Association (Member, Board of Directors)
Board of Directors, Member - Medical Malpractice Committee and Construction Law Committee
New York State Trial Lawyers Association (Member, Medical Malpractice Committee and Construction Law Committee)
American Association for Justice
American Bar Association
Lecturer, 2011 Motor Vehicle Accident Litigation-The Road Less Travelled: Summary Judgment for The Plaintiff, Fall 2011
Lecturer, American Bar Association Tort Trial & Insurance Practice Section-Emerging Issues In Premises Liability Litigation St. Petersburg Florida. November 2009
Overall Planning Chair, NYC Chair and Lecturer: "Construction Site Accidents", New York State Bar Association, Trial Lawyers Section, Fall 2009, 2010
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: The Trial of a Labor Law Case, New York State Bar Association, Trial Lawyers Section, Fall 2008
Overall Planning Chair, NYC Chair and Lecturer: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services, Spring 2008
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: "Construction Site Accidents: The Law and the Trial", New York State Bar Association, Trial Lawyers Section, Fall 2007
Overall Planning Chair, NYC Chair and Lecturer: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services, Spring 2007
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
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: "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 with Arthur Miller: "Discovery & Depositions", New York Law Journal & The National Law Journal, Litigation Summit & Exposition, Fall 2002.
NYC Local Chair and Lecturer: "How to Try Damages", New York State Bar Association, Trial Lawyers Section, Fall 2002
Lecturer and NYC Panelist: "Discovery: More Than Just a Boilerplate Demand", "Practical Skills: Basic Tort and Insurance Law Practice", 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.
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
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
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
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: "Products Liability", New York State Bar Association, Spring 1997
Co-Author with Anthony H. Gair and Christopher L. Sallay: "Recalcitrant Worker and Sole Proximate Cause-The Current State of Labor Law Section 240", New York State Bar Association, Trial Lawyers Section Digest, Fall 2008.
Contributing Author: "Construction Site Accidents: The Law and the Trial," New York State Bar Association, Trial Lawyers Section Digest, Fall 2007.
Co-Author with Christopher L. Sallay: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services, Spring 2007.
Co-Author with Anthony Gair: "Presentation of Damages-The Law and the Trial", NYSBA, Spring 2006.
Co-Author with Daniel A. Gair: "Winning Trial Strategies for the Plaintiff", "How to Try Damages", New York State Bar Association, Trial Lawyers Section Digest, Fall 2002.
Co-Author with Daniel A. Gair: "Discovery: More Than Just a Boilerplate Demand", "Practical Skills: Basic Tort and Insurance Law Practice", New York State Bar Association, Trial Lawyers Section Digest, Spring 2001.
Co-Author with Anthony Gair: "Combat Culpable Conduct Defense By The Defendant's Design Engineer", Leader's Product Liability Law & Strategy, Spring 1999.
Co-Author with Anthony H. Gair: "Preparing Plaintiff's Expert in the Post Kumho Era", "Products Liability Post-Kumho Tire: Strategy and Practice" New York State Bar Association, Trial Lawyers Section Digest, Fall 1999.
Author: "Pointers for Practitioners Picking Potential Fen-Phen Plaintiffs", Fen-Phen Litigation Strategist, Summer 1998.
Author: "Picking Fen-Phen Plaintiffs", Medical Malpractice Law & Strategy, Summer 1998.
Author: "Fen-Phen: Discovery from the Manufacture and Evaluation of the Potential Plaintiff's Case", "Fen-Phen: Medical Aspects & Potential Liability", Law Journal Seminars-Press, 1998.
Co-Author with Robert Conason: "Pending National Tobacco Settlement: A Smoke Screen?", New York Law Journal, Winter 1998.
Book Chapter Co-Author with Loren H. Brown: "Motions in Limine in New York Products Liability Litigation", Products Liability in New York, New York State Bar Association, 1998.
Co-Author with Anthony Gair: "New Frontier In Products Liability", New York Law Journal, 1996.
Author: Recent Trends in Products Liability: A Review of the Significant 1995 Decisions", NYSBA TICL Law Section Journal, Fall 1995.
Author: Recent Trends in Products Liability: A Review of the Most Recent Decisions", NYSBA TICL Law Journal, Fall 1994.
CASES OF NOTE
$100,000,000 recovery for the families of 9/11 victims.
$26,000,000 settlement for a pedestrian struck by a truck in a personal injury 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.
$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.
$12,500,000 for a parking garage employee crushed to death by the man lift he had been standing on.
$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.
$10,000,000 for a woman that was struck at the Hempstead bus terminal and had bilateral leg amputations.
$8,625,000 for the family of a Queens construction worker who was killed after falling from a ladder atop a building in Manhattan.
$8,500,000 for a baby brain-damaged at birth as a result of fetal distress.
$8,000,000 against a product manufacturer for a defective product which caused brain damage to a child.
$7,500,000 for the family of an airline crash victim.
$7,000,000 for the family of a retired widow struck and killed by a truck.
$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.
$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 decedent internal bleeding was not diagnosed.
$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.
$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.
$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 decedent was not wearing a helmet.
$5,000,000 for a Kings County construction worker who fell from a roof after it collapsed in Sheepshead Bay Brooklyn.
$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.
$4,850,000 for a Kings County infant injured at birth as a result of fetal distress.
$4,500,000 for the widow of a construction worker who fell from a height at a new construction project in Manhattan.
$4,500,000 for victims of a defective diet drug.
$4,000,000 for a lawyer struck by an MTA bus on the way home from work and sustained de gloving injuries.
$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.
$4,000,000 for a construction worker who suffered burns after falling into a pit of scalding water.
$3,800,000 for an Ulster County baby that sustained a skull fracture at birth as a result of improper use of forceps.
$3,700,000 for an infant injured at birth.
$3,500,000 in Suffolk County for the family of a DEA agent killed when the cesspool at his home collapsed.
$3,025,000 for the family of a 35 year old housekeeper struck by a bus owned by Nassau County and operated by Long Island Bus.
$2,950,000 for a woman who fell from a scaffold and sustained serious injuries which resulted in infection and death.
$2,650,000 for a married woman with no children who was killed in an American Airlines crash.
$2,500,000 in Bronx County for a carpenter that fell from a rolling scaffold and sustained fractures of his spine.
$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.
$2,400,000 against a hospital for failure to properly manage and maintain the airway of an unemployed 42 year old married man.
$2,300,000 for a young child injured at birth who suffered an Erbs Palsy.
$2,250,000 for the New York County family of an older man whose heart condition was misdiagnosed resulting in his death.
$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.
$2,150,000 in Nassau County for a prostate cancer patient that developed a fistula after a radical prostatectomy.
$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.
$2,000,000 in Bronx County for an 8 year old boy that lost vision in his eye as a result of a defectively manufactured toy mirror.
$2,000,000 to the wife of a 76-year-old Bronx man who died after spinal surgery as a result of fluid deprivation.
$1,850,000 in Nassau County for an unbelted passenger involved in a roll-over collision.
$1,800,000 for a woman who suffered a lacerated bowel during hernia surgery.
$1,675,000 for the family of an older man killed on an American Airlines flight.
$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.
$1,550,000 for a single male killed in a Swiss Air plane crash.
$1,550,000 against New Jersey Transit for a woman hit by their bus which left the scene and was found by forensic evidence.
$1,500,000 in Bronx County against a major beverage manufacturer when its truck struck a young student crossing a street in Jersey City.
$1,500,000 (full policy limits) for the family of two elderly parents killed when they were run over on a Queens County street.
$1,400,000 for a Suffolk County man that sustained leg fractures after being hit by an SUV at a nightclub in the Hamptons.
$1,250,000 for a Nassau County physician that sustained a traumatic brain injury in an auto accident.
$1,200,000 for a middle aged man who suffered a lacerated bowel during a biopsy.
$1,200,000 for a lady that had 2 lap pads left inside of her after a routine operation and was caused to sustain infection.
$1,200,000 for a Bronx construction worker who sustained a fractured talus after falling from a ladder. He never had surgery.
$1,000,000 (policy limit) for a bicyclist injured when a truck made a right turn in front of her causing serious injury.
$1,000,000 for an illegal immigrant who lost two fingers in a mattress cutting machine.
$950,000 for the wrongful death of an elderly woman who died after her pancreas was ruptured during a gall bladder removal.
$950,000 for the wrongful death of an unemployed 67 year old woman whose pancreas was perforated during a routine gall bladder operation.
$800,000 for the family of a bicyclist killed while operating his bike on the wrong side of the road and without a helmet.
$795,000 for an infant injured at birth sustaining an Erb's palsy in upstate, New York.
$750,000 for a Queens County woman that suffered a drop foot due to a perineal nerve injury suffered during spinal surgery.
$725,000 for the victim of ophthalmological medical malpractice.
$700,000 against a major foreign tire manufacturer for the wrongful death of an older unemployed Brooklyn man.
$700,000 in New York County for the death of a woman following gastric bypass surgery.
Howard Hershenhorn demonstrating an opening statement in a Construction Accident Case
This presentation is part of the New York State Bar Association Construction Site Accidents seminar 2009.