Firm News

LIFETIME ACHIEVEMENT AWARD FOR HERSH & HERSH CO-FOUNDER, NANCY HERSH

San Francisco, April 19, 2010 -- Hersh & Hersh is pleased to announce that its co-founder, Nancy Hersh will receive the San Francisco Trial Lawyers’ Lifetime Achievement Award. This honor recognizes the breadth and depth of Ms. Hersh’s career as a personal injury trial lawyer.

“Nancy’s outstanding results in trials and settlements have truly been groundbreaking and courageous,” notes Amy Eskin, a Hersh & Hersh partner. “These cases often involved issues of liability and causation that had never been tried and won before. Nancy’s tenacity, creativity and strength pitted our small law firm against the giants of the pharmaceutical, medical device and consumer product industry. Prevailing under those circumstances is a tribute to her skill and ability as a groundbreaking trial lawyer.”

Ms. Hersh and her father, LeRoy Hersh, essentially invented mass torts in the early 70s, representing hundreds of women who developed virulent cancers and other abnormalities resulting from the use of the drug DES. She not only prevailed, but in the process she redefined the standard applied to the statute of limitations in pharmaceutical product liability litigation.

Her landmark work on behalf of women includes cases against Dow Corning, the maker of silicone breast implants. Because of this work, silicone breast implants were taken off the market and thousands of women brought lawsuits and obtained compensation from the various manufacturers of breast implants.          

Recently, she served as a principal architect in the $690 million dollar settlement of the mass tort action against drug manufacturer Eli Lilly and Company involving its antipsychotic medication Zyprexa. 

“I am profoundly honored to receive recognition of my life's work from the San Francisco Trial Lawyers,” said Ms. Hersh. “My career continues to be dedicated to representing clients who would not otherwise have a voice and helping them through some of the most difficult times in their lives. Receiving this award from my peers gives even more meaning to my work as a trial lawyer.”

About Hersh & Hersh The law firm of Hersh & Hersh was founded in 1970 and is located in San Francisco, California. The firm’s trial lawyers represent clients locally and nationally advocating on behalf of individuals and their families, in small and large cases, class actions and multi district litigations. Hersh & Hersh has significant experience and groundbreaking results in among others, personal injury, products liability, medical device and drug litigations.

SAN FRANCISCO FERTILITY CLINIC DESTROYS EMBRYOS, CAUSES HEARTBREAK

San Francisco, September 14, 2009 – Hersh & Hersh announces that today it has filed a civil action in San Francisco County on behalf of Katherine Aschero (Katie) and Rob Aschero. The case involves the destruction of viable embryos without the Ascheros’ consent by a San Francisco fertility clinic. The embryo destruction is shocking in several respects and demonstrates the need for regulation of these clinics.

The complaint alleges that Laurel Fertility Care and its medical and clinical personnel harmed the plaintiffs by fertilizing many of Katie’s harvested eggs with a stranger’s sperm, rather than that of her husband Rob. The Aschero’s were informed of this after the fact, but Laurel Fertility Care and its personnel destroyed the resulting viable embryos without the Aschero’s consent and in violation of the contract entered into by the parties. The Ascheros have suffered greatly from this horrendous outcome of what had promised to be a potentially joyful event.

Shockingly, this is not the first time something like this has happened in the same laboratory on the same premises. Hersh & Hersh represented a woman whose eggs were fertilized with the wrong man's sperm in the same laboratory at the same location when another physician owned the practice. He lost his medical license after withholding the fact that he had fertilized her eggs with the wrong sperm, only to reveal the truth when the baby was two years old and after a Medical Board investigation. This resulted in a custody battle between the woman and the man whose sperm had been used.

The practice was sold and one of the defendants in the Aschero case set up shop in the same place and made the same mistake in the same lab. Only this time they told Katie and Rob of the mistake, but destroyed the healthy embryos produced without their permission and in violation of their contract and their wishes.

“The Asheros have suffered innumerable sorrows from defendants’ actions,” reflected Nancy Hersh, a founding partner of the firm. “They chose this particular clinic because of claims made by the clinic with regard to their care and success rate. Katie went through extraordinary physical and emotional trauma not only to provide the eggs, but hopefully to have a child as a result of the extensive and costly process involved.  Instead, she has very little hope of having a child with her husband, or at all, due to the defendants’ actions.”

The complaint alleges negligence, breach of contract, fraud by concealment among other claims. Punitive damages and a jury trial are sought. For a copy of the complaint and more information on the case, please contact Nancy Hersh at 1-800-441-5545.

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Case News Index

Guidant, St. Jude and Medronic Recall Cardiac Defibrillators and Pacemakers; Hersh & Hersh Wins First Motion to Remand Defibrillator Case to State Courts
Guidant recalled several defibrillator and pacemaker models, including the Ventak Prizm AVT, Prizm 2DR, the Contak Renewal and the Contak Renewal2.  Read More

Doctor Infects Patients with Hepatitis C
Hersh & Hersh has filed two lawsuits on behalf of individuals who were infected with Hepatitis C while being treated at Gordon Medical Associates in Santa Rosa, CA.  Read More

Marriott Fails to Pay Certain San Francisco Employees the Minimum Wage Required by the San Francisco Minimum Wage Ordinance
Hersh & Hersh is co-counsel in a case requiring Marriott to comply with the ordinance, which set a minimum hourly wage of $8.50 in 2004, $8.62 in 2005, and $8.82 in 2006. Read More

Hersh & Hersh Pursues Case Involving Malfunction of Surgical Stapler, the Ethicon ETS, Used in Stomach Surgery  Read More

Hayward Jury Slams All Pro Wresting School: Awards In Excess of $1.3 Million to Parents of Young Man Who Died Because of Reckless Training  Read More

Hersh & Hersh Representing Woman Thrown Off Horse at Party at Working Ranch; Novice Rider Left Substantially Disabled When Thrown From Highly Trained Working Horse   Read More

Hersh & Hersh Investigates Abuses by Drug Company and Health Care Provider in Conduct of Clinical Drug Trial After Patient Becomes Permanently Disabled   Read More

Hersh & Hersh Handles Consolidated Class Actions To Prevent Abuse of Consumers  Read More

Hersh & Hersh Prosecutes Hospital and Doctor Regarding Birth Injury That Caused Cerebral Palsy  Read More

Hersh & Hersh Prosecutes Cases on Behalf of People with Disabilities; Settles Suit Against National Hotel Chain La Quinta Inns  Read More

Plaintiff Shops Hit on New Pharma Angle arrow Read More

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Hersh & Hersh Wins $1.8 Million Verdict Against Bionx Implants, Inc. on Behalf of Marin County Firefighter arrow Read More

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Hersh & Hersh Settles  Landmark Embryo Mix-up Case for One Million Dollars arrow Read More

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