Howard S. Hershenhorn

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.

Howard discussing the impact of social media on personal injury cases during a class taught at Brooklyn Law School

• Wrongful death lawsuit filed over mislabeled Stew Leonard's cookie
• Grocer, Baker Face Lawsuit over Dancer's Fatal Allergic Reaction
• Dancer who died from mislabeled cookies suffered allergic reaction too intense for EpiPen: attorney
• Travis Scott Astroworld tragedy: Man paralyzed at 2017 show feels "tremendous sadness", attorney says
  
• Comments on Travis Scott concerts, 1010WINS radio
  
• A fan at a 2017 Travis Scott concert said he was partly paralyzed
  
• Man Paralyzed at 2017 Travis Scott Show ‘Devastated’ for Astroworld Victims
• See all articles in which Howard Hershenhorn commented on Travis Scott here
  
  
• Articles related to the $85 million verdict obtained for a pedestrian hit by a sightseeing bus:

• New York Law Journal
• New York Post
• NBC New York
• US News
• Daily Mail UK
• 1010wins radio

• NYC Bike-Lane Attack Victims Sue the City for More Than $600 Million
• Victims of bike path terror attack file $600M suit against city
• Tribeca Terror Attack Victims Plan To Sue City: Report
• Victims of bike path terror attack file $600M suit against city
• Fan sues Travis Scott after being pushed off balcony at concert
• Rapper Travis Scott sued by fan over concert injury that paralysed him
• Kylie Jenner's rapper boyfriend Travis Scott sued by concertgoer left paralyzed after fall from balcony
• Travis Scott Sued by Fan Who Says Concert Injury Paralyzed Him
• Bob Simon's widow settles wrongful death suit
• In Police Misconduct Lawsuits, Potent Incentives Point to a Payout
• Key evidence from Bob Simon's fatal car crash is missing
• Notice of $600M Claim Filed in Crane Collapse
• Widow of NYC crane collapse victim to sue the city for $600M
• Widow of man killed Manhattan crane accident wants expert probe
• Victim Seeks to Preserve Evidence in Crane Collapse
• Families sue as Valhalla crash anniversary nears
• Bronx crash: Union heads says Metro-North knew dangers
• Limo company blames Bob Simon for his own death
• Family sues Bronx landlord for deadly kitchen fire
• Diallo Lawyers Rip Dream Team
• Lawsuit Blames Brooklyn Church in a Death
• Hedge funder smack
• Crane widow's haunting grief
• Autopsy testimony begins in crane collapse trial
• WIDOW'S $50M CESSPOOL SUIT
• Diallo Family's Present and Former Legal Teams at Odds
• $ 3M Verdict in crash

• $100,000,000 recovery for the families of 9/11 victims.
• $85,000,000 verdict for a Pedestrian who was struck by a double-decker sightseeing bus.
• $28,000,000 for a 21 year old who was rendered paralyzed when he was a passenger in a Range Rover that crashed into a tree.
  
• $20,000,000 for a 58 year old man hit by a police car while he was walking on the road after a snow storm.
  
• $20,000,000 for a 23 year old involved in a train accident who suffered a below the knee amputation and partial foot amputation after falling onto the train tracks at the 14th Street PATH Train Station.
  
• $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.
• $15,000,000 for an elementary school student injured when her school bus was involved in a serious accident.
  
• $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.
• $10,725,000 in a Bronx apartment fire case due to the negligent installation of a new stove.
  
• $10,000,000 for a woman that was struck at the Hempstead bus terminal and had bilateral leg amputations.
• $10,000,000 for a 42 year old construction worker who fell in an unprotected elevator shaft.
• $10,000,000 for the wife of a crane operator whose husband was killed at a construction site in Queens while hoisting a steel beam which fell onto the crane cab crushing him to death.
  
• $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.
• $7,950,000 settlement before trial for a the wife whose husband was killed while a passenger in a limousine, we proved that the operator of the limo was negligently hired and retained and shouldn't have been entrusted to drive.
  
• $7,500,000 for the family of an airline crash victim.
• $7,500,000 wrongful death auto case for the family of a pedestrian killed by a left turning truck while her husband and son were in the “zone of danger.”
  
• $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.
• $6,600,000 for a 69 year old in Upstate New York who suffered a leg amputation after his femoral artery was punctured during the insertion of a guide wire.
  
• $6,450,000 on behalf of a 32 year old man injured at work while cutting railroad ties when using the saw provided to him kicked back because it had the wrong blade, multiple surgeries were required.
  
• $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.
• $5,000,000 for a 50 year old construction worker who fell from a ladder while at work, suffering a cervical herniation with surgery
• $5,000,000 settlement on behalf of a construction worker who fell from a scaffold that collapsed.
  
• $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.
• $4,450,000 for the wrongful death of a 45 year old police officer who was discharged from a Rockland County hospital without being properly anticoagulated.
  
• $4,500,000 for victims of a defective diet drug.
• $4,275,000 in a products liability action on behalf of a 44 year old man who was injured while at work due to the defective design and failure to warn by the manufacturer of an industrial machine.
• $4,250,000 settlement arising out of the negligent performance of a stem cell transplant which resulted in multi-system organ failure and required an ileostomy.
  
• $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 for a 15 month old with NF-1 whose doctors failed to undertake appropriate neuroimaging allowing a tumor to grow unchecked.
• $3,500,000 Wrongful death of a 78 year old woman who was prescribed a contraindicated medication and dose resulting in pain and suffering, extended hospitalization, and death. 
• $3,500,000 on behalf of a 35 year old woman who was struck by a bus while crossing the street sustaining an open leg fracture and degloving injury.  The bus driver contended that she was walking with an open umbrella which blocked her vision. 
• $3,500,000 Wrongful death involving a restaurateur who was admitted to the Emergency Room with signs and symptoms of a pulmonary embolus but was improperly discharged.
• $3,500,000 in Suffolk County for the family of a DEA agent killed when the cesspool at his home collapsed.
• $3,450,000 in a New Jersey wrongful death case where the doctors failed to identify a pneumothorax and internal bleeding.
  
• $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.
• $3,000,000 in a N.J. train accident case for injuries sustained by a pedestrian hurt by falling debris when the train crashed into the station.
• $3,000,000 for the family of a single nurse who died as a result of injuries sustained in a train accident.
• $3,000,000 for a 56 year old who died as a result of an urgent care’s failure to diagnose an aortic dissection. Full policy limits.
  
• $2,950,000 for a woman who fell from a scaffold and sustained serious injuries which resulted in infection and death.
• $2,950,000 settlement arising out of the perforation of the small intestines during a laparoscopic oophorectomy.
  
• $2,750,000 in a Medical Malpractice wrongful death for failure to diagnose toxic megacolon in a 76 year old unmarried woman resulting in septic shock 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.
• $2,500,000 in a Wrongful death of a 42 year old single man who drowned in an apartment complex pool in New Jersey when the on-duty lifeguard failed to rescue him.
  
• $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 Medical Malpractice case involving failure to inform of results of plaintiff’s PSA (Prostate-Specific Antigen) test Delay in cancer diagnosis and metastasis to spine.
  
• $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.
• $2,100,000 for the estate of an unmarried 25 year old construction apprentice with no children who died after falling into an elevator shaft while at work. 
  
• $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.
• $2,025,000 on behalf of a man who was misdiagnosed as having depression when in fact he had a slow growing brain meningioma.
  
• $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.
• $1,950,000 Medical Malpractice case involving failure to order and perform a timely colonoscopy of a single male after presenting to medical caregivers for ongoing bouts of diarrhea for several weeks.
• $1,950,000 medical malpractice involving improper incision during a cesarean section that resulted in the laceration and dissection of both ureters leading to the loss of one kidney.
• $1,850,000 medical malpractice involving failure to diagnose breast cancer. It led to a 15 month delay in diagnosis where it had progressed from Stage I to widely metastatic Stage IV cancer.
  
• $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.
• $1,750,000 Failure to recognize fetal distress during labor and delivery, causing HIE and hypoxic event to unborn child and child passed away unrelated to the malpractice.
  
• $1,675,000 for the family of an older man killed on an American Airlines flight.
• $1,650,000 in a Medical Malpractice after the failure to diagnose thoracic myelopathy.
  
• $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.
• $1,565,000 for a 48 year old football coach involved in a motor vehicle accident and suffered an elbow injury with surgery.
  
• $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 Wrongful death of a 65 year old man after failure to diagnose and treat a myocardial infarction.
• $1,500,000 for a young man whose doctor removed the wrong rib.
• $1,500,000 Medical malpractice case involving a brachial plexus injury caused by excess traction to the baby’s head and body during birth.
  
• $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.
• $1,295,000 Wrongful death of an elderly, married man with multiple significant comorbidities. Claims of medical malpractice for the failure to timely recognize and diagnose an evolving myocardial infarction.
  
• $1,250,000 Medical Malpractice involving a 65-year-old after failing to properly monitor the patient who was given morphine analgesic and suffered severe allergic reaction.
  
• $1,250,000 Wrongful death of a 69 year old retired chef who presented to the ED with complaints of repeated bouts of throwing up blood. Defendant’s failed to timely diagnose stomach ulcer.
• $1,250,000 Medical Malpractice case involving misinterpretation of a mammography resulting in a 13 month delay in diagnosing cancer.
• $1,250,000 Medical Malpractice wrongful death case involving failure to diagnose ovarian cancer in a 25 year old woman.
  
• $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.
• $1,150,000 Death of an elderly patient after colon perforation. 
• $1,150,000 Wrongful death of a working married father who was crossing against the light when he was struck by a vehicle who had the right of way. Full policy limits.
• $1,075,000 in a products liability case for an injured worker who’s hand was caught in a defective garage door which lacked entrapment protection.
• $1,010,000 in an elevator accident where the counter weights were found to be insufficient and the brakes had excessive wear.
• $1,000,000 65-year-old female pedestrian with multiple fractures after getting hit by a turning school bus. Full policy. 
• $1,000,000 for kid who slipped at a big box store on water which leaked from a display.
• $1,000,000 Medical Malpractice case involving the inappropriate discharge of a patient with an ongoing infection resulting in peritonitis and sepsis after a D & C procedure.
• $1,000,000 Bronx County Wrongful death. Radiologist’s improper interpretation of a chest CT scan. 
• $1,000,000 Medical Malpractice case involving failure to recognize bowel perforation leading to sepsis and requirement of life saving 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.

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, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf 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.

• Lecturer, 2011 Motor Vehicle Accident Litigation-The Road Less Travelled: Summary Judgment for The Plaintiff.
• Lecturer, American Bar Association Tort Trial & Insurance Practice Section-Emerging Issues In Premises Liability Litigation St. Petersburg Florida.
  
• Overall Planning Chair, NYC Chair and Lecturer: "Construction Site Accidents", New York State Bar Association, Trial Lawyers Section.
  
• Lecturer: "Emerging Issues In Premises Liability Litigation", American Bar Association, Tort Trial & Insurance Practice Section.
• 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.
• Overall Planning Chair, NYC Chair and Lecturer: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services.
• Panelist, "Litigation Strategies in Personal Injury Cases - Plaintiff's Point of View", Queens County Bar Association.
• Overall Planning Chair, NYC Chair and Lecturer: "Construction Site Accidents: The Law and the Trial", New York State Bar Association, Trial Lawyers Section.
• Overall Planning Chair, NYC Chair and Lecturer: "Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services.
• 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.
• 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.
• Lecturer and Panelist: "Sources of Evidence: All That You Leave Behind", Third Annual BNA Litigation Forum, "Electronic Discovery & Document Retention 2003", The Princeton Club.
• Lecturer and Panelist with Arthur Miller: "Discovery & Depositions", New York Law Journal & The National Law Journal, Litigation Summit & Exposition.
• NYC Local Chair and Lecturer: "How to Try Damages", New York State Bar Association, Trial Lawyers Section.
  
• 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.
• Lecturer and Panelist: "Practical Skills Basic Tort and Insurance Law Practice", New York State Bar Association.
• 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.
• Co-Chair and Lecturer: "Sweating the Small Stuff: The Basics on Motions, Objections and Discovery", New York State Bar Association, Trial Lawyers Section.
• 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.
• 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.
• Lecturer: "Products Liability", New York State Bar Association.