Selected Cases

Hersh & Hersh Settles Class Action against Marcus & Millichap Real Estate Investment Services for overtime pay violations. The joint application for preliminary approval of this settlement can be viewed by clicking on the link provided on our home page or on our Wage and Hour practice area page.

Hersh & Hersh wins landmark jury verdict against Terminix International for termite inspectors not paid overtime wages. For more on this case, click here. In a related case, the firm also settles $1.5 Million Class Action against ServiceMaster and Terminix for wage and hour violations for trainee termite inspectors.  For more on this case click here

Hersh & Hersh Successfully Settles Groundbreaking Case Involving Mild Traumatic Brain Injury (MTBI) After a Serious Rear End Accident Left Our Client (who had a normal MRI) With Memory Loss and Other Adverse Consequences. For more information on MTBI and its devastating effects, click here.

Attorneys at Our Firm Hersh & Hersh Recovers $2.9 Million from Caltrans on Behalf of Driver Seriously Injured in Cross-Median Collision.

Hersh & Hersh recovered a $2.9 million settlement for its client against against the California Department of Transportation (Caltrans) for the dangerous condition of Interstate 80 in Fairfield. Hersh & Hersh claimed that Caltrans failed to provide a safe and effective median barrier along the interstate to prevent cross-over accidents like this from occurring.  Gold Arrow Read More

Hayward Jury Slams All Pro Wresting School: Awards Over $1.3 Million to Parents of Young Man Who Died Due to Reckless Training.

A jury quickly reached a unanimous verdict earlier this week in the case against the owner of All Pro Wrestling ("APW") of Hayward, California, finding the wrestling school liable for reckless behavior. The high profile case received considerable media attention when filed by Hersh & Hersh in September, 2002. The case was filed by Norman and May Ong of Concord, California on behalf of their son Brian Ong who died as a result of injuries suffered during an Open Gym night at All Pro Wrestling in Hayward. Brian Ong, then 27 years old, began All Pro Wrestling Hayward's Beginner's Camp in March, 2001 and was fatally injured on May 28, 2001 as a result of being thrown to the mat twice after being asked to volunteer to "receive" a professional wrestling move (called the "flapjack") from a 7 foot, 400 pound wrestler who was being specially trained by APW to be a professional wrestler. 

Jury Awards $1.8 Million to Marin County Firefighter in Verdict Against Bionx Implants, Inc.

Hersh & Hersh successfully represented its client, former Marin County fireman James Hatch, in a case against Bionx Implants, a manufacturer of bio-absorbable devices used in sports medicine surgical procedures. A jury awarded him $1.8 million, finding that Bionx and its distributor failed to warn Mr. Hatch's physician of the risk that the arrow could break and move around inside the knee joint after hearing evidence that Bionx had known of the risk for over a decade. Bionx had omitted any information in its sales brochures or product information and had failed to inform its salesperson regarding the risk.


Hersh & Hersh Favorably Resolves Case on Behalf of Man Suffering from Permanent Injury After Cancer Misdiagnosis.

Hersh & Hersh favorably resolved a lawsuit on behalf of a man who was incorrectly diagnosed with a rare cancer, when in fact he had a very benign lump that could have been easily removed with surgery. As a result of the misdiagnosis the man underwent several rounds of debilitating chemotherapy and suffers from permanent hearing loss and loss of taste. 

Hersh & Hersh Settles on Behalf of Woman Injured by Negligent Hunter.

Hersh & Hersh settled a suit on behalf of a woman and her husband arising out of injuries the woman suffered while the couple were on a bird hunting expedition South Africa. The woman, an experienced hunter, has permanently lost the use of her eye and will most likely need to have the eye removed. She was shot in the face and body by a negligent fellow hunter who had had past instances of similar unsafe conduct while hunting.

Hersh & Hersh Resolves Dozens of Cases Concerning Vascular Stents Against the Manufacturer.

Long a leader in vascular medicine and medical product liability, Hersh& Hersh resolved dozens of lawsuits against a manufacturer of endovascular stents. The firm is currently pursuing several cases concerning a similar product manufactured by Guidant Endovascular Systems.


Hersh & Hersh Settles Case on Behalf of Parents who Lost their Child During Delivery

Traumatic Birth Injury specialists Hersh & Hersh settled a case on behalf of the parents of a child who died during delivery. The hospital and doctor in charge were negligent and the case was resolved without the need to proceed with litigation.

Hersh & Hersh Successfully Arbitrates Cerebral Aneurysm Malpractice Case Against HMO

Hersh & Hersh successfully represented through an arbitration hearing a woman and her husband in a medical malpractice case against Kaiser for failing to diagnose a cerebral (brain) aneurysm despite the woman's multiple visits to urgent care and calls for help for blinding, debilitating headaches. Finally, the aneurysm burst and the patient became paralyzed, and later died of the injury.

One of the major problems in the medical care in this case was that she was forced to see a nurse practitioner instead of a doctor, a cost-saving but dangerous trend in medical care. The Nurse Practitioner failed to understand what questions to ask and what she was seeing, so she made a diagnosis of "headache" instead of sending the patient to a neurosurgeon.

We hope that the successful outcome of the case produced more careful evaluation of headache patients and better education and usage of Nurse Practitioners.


Hersh & Hersh Proves the Importance of Evaluating Work-Related Injuries to Determine if Third-Party Claims are Appropriate

Hersh & Hersh successfully represented a carpenter who was severely injured at a jobsite due to faulty scaffolding construction. The client not only had a workers' compensation claim with his employer, but also a claim against the scaffolding company and the general contractor.

It is important to evaluate injuries in the workplace to see whether or not an injured worker has a third-party personal injury claim as well as his or her workers' compensation claim. The injured person may well be entitled to substantial compensation in addition to workmen's' compensation coverage.


Hersh & Hersh Successfully Replenishes Trust Depleted by Attorney's Negligence
Hersh & Hersh successfully represented a trust that had been depleted of almost all of its substantial assets due to an environmental claim that other attorneys had mishandled.

A receiver appointed by another state retained us to represent the interests of the beneficiaries. We determined that trust assets had been improperly paid, on behalf of the receiver and the beneficiaries of the trust, and recovered a significant amount of money from the attorneys who had originally represented the trusts.

During his lifetime, an individual created several trusts to benefit his loved ones. After his death, the State of California claimed that trust property had caused pollution to several pieces of real estate. But the attorneys retained to defend the trusts also agreed to represent persons in a position of conflict with the trusts and the beneficiaries. Without doing proper investigation, the attorneys agreed to pay substantially all the trusts' assets to the State of California.

In its legal malpractice actions, Hersh & Hersh must prove that the underlying action (here a toxic claim against the business, which was part of the trust) was improperly handled in order to achieve the proper result. We handle legal malpractice cases selectively in all areas of practice.


Hersh & Hersh Recovers Substantial Compensation for Families in Series of Felbatol Cases

Felbatol was a highly touted anti-spasmodic medication manufactured by Carter-Wallace, a major drug company. The manufacturer claimed it was superior to all other anti-spasmodics because physicians did not have to run laboratory studies to measure blood levels as was required by other drugs because of related dangers, such as aplastic anemia (almost always fatal), liver failure (also almost always fatal) and other life-threatening side effects. This was wrong and Carter-Wallace knew it was wrong.

Shortly after the drug was approved for sale by the Food and Drug Administration (FDA) based on Carter-Wallace's erroneous information, patients began to die of aplastic anemia, liver failure and other demonstrated serious side effects.

Investigation disclosed that Carter-Wallace knew of these potential side effects but did not disclose them because of the effect on the "bottom line". It would have hurt profits.

Hersh & Hersh successfully represented a substantial number of people and families affected by Felbatol, recovering substantial compensation for each.

Jury Awards $41 Million to Women whose Mothers Took DES During Pregnancy

A Manhattan jury ordered four drug manufacturers to pay $41,000,000 to eleven women who suffered injuries to their reproductive systems as a result of their mothers using the drug, diethylstilbestrol (DES), widely advertised as a miscarriage preventative.

Hersh & Hersh was successful in demonstrating that not only was the drug ineffective, but that it caused a rare cancer (clear cell adenocarcinoma) in the reproductive tract in daughters whose mothers who consumed this drug. In addition, the jury determined that the drug caused other serious injuries to the daughters' reproductive systems.

DES has been taken off the market as a treatment to prevent miscarriage in pregnant women.


Hersh & Hersh's Case Against Gun Manufacturer Provides Model for Other Such Cases

A fourteen-year-old high school student accidentally killed his best friend with his father's "unloaded" Beretta semi-automatic kept in the home for "safety". The gun had a poorly designed "load chamber indicator" and was not equipped with any type of safety lock.

Hersh & Hersh, along with the Center to Prevent Handgun Violence and the parents of the dead boy, filed a product liability action against Beretta seeking to compel the gun manufacturer to utilize available safety devices to prevent tragedies like this from happening.

This was the first such case to survive Beretta's heretofore successful pretrial maneuvering and was presented to a jury. Unfortunately, the jury found that the homeowner (the father of the boy who killed his friend) was mostly responsible. Although this case was unsuccessful, it provided a model for much other litigation that is still pending against gun manufacturers which seeks to hold them responsible for placing unsafe guns in the stream of commerce. Guns are responsible for thousands of accidental/non-intended deaths each year.

This is an example of a case taken, pursued and tried to conclusion for no fee. While this litigation was pending, Hersh & Hersh and the parents offered to waive any fee and settle the case for no money if Beretta would agree to effectuate safety changes in their handguns. Beretta refused.

Of interest is the fact that the trial court ordered a new trial of this matter, which is now pending.

Hersh & Hersh Successfully Settles Defective Soil-Sifting Machinery Case

Jury Awards over $800,000 to Plaintiff Seriously Injured by Faulty Ladder


Note: We have disclosed dollar amounts or other details of a judgment or settlement only in those cases where such information is not protected by a confidentiality agreement.

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