Ben represents persons in medical malpractice, personal injury, civil rights, products liability, nursing home, contingent-fee commercial disputes, and other complex civil litigation matters.
Ben has a State-wide practice and has successfully tried numerous cases in Maine’s state and federal courts and the courts of other states.
Significant recent decisions include:
Pierce v. St. Joseph Hospital, Edward Dunstan, MD and Millinocket Regional Hospital. (Me. Sup. 2016). $1.785 million jury verdict against a hospital and primary care physician, on behalf of a 71 year-old man who suffered a bacterial infection in his heart after a failure of his medical providers to communicate with each other regarding the results of blood culture testing. Plaintiffs turned down a $900,000 Offer of Judgment and obtained a verdict nearly double the pre-trial offer.
Hemond v. Frontier Communications of America, Inc., et al. (Vt. Sup. Ct. 2014). $22,5 million jury verdict on behalf of an electrical utility lineman who suffered bilateral, below-the-knee amputations resulting from high-voltage electrical operations. The verdict followed a three-week trial in Vermont, and is the second highest jury verdict in Vermont history.
Purington v. Midwest-Price Co. (Me. Sup. 2011). $300,000 jury verdict on behalf of a family of a driver killed by a collision with a tractor trailer. The tractor trucking company denied fault for the crash.
Parker v. City of South Portland, No. 06-129-P-S (D. Me. 2007). Unanimous jury verdict and award of $111,000 in a civil rights claim on behalf of a man shot by police with a Taser weapon.
Bouchard v. United States, 501 F.Supp.2d 200 (D. Me. 2007). Judgment of $1.1 million on behalf of motorist injured in a collision with a Federal Border Patrol officer.
Ben grew up in Portland, Maine and graduated from Deering High School in 1989, where he captained the varsity ice hockey team. He obtained his undergraduate degree at Cornell University, where he earned dual majors in Philosophy and Government. Following college, Ben served as Political Director to Congressman Tom Allen during his successful primary campaign for U.S. Congress. Following graduation from the Yale Law School in 1999, Ben returned to Maine to work as a law clerk to the Honorable Kermit V. Lipez of the United States Court of Appeals for the First Circuit. From 2000 through 2003, Ben practiced law at the New York City office of Latham & Watkins LLP. He represented clients in securities fraud, qui tam, whistleblower, Medicare fraud, and intellectual property cases.
|Award name||Grantor||Date granted|
|Lawyer of the Year||Best Lawyers||2017|
|Lawyer of the Year - Personal Injury Litigation - Plaintiffs||Best Lawyers||2016|
|"AV Preeminent" - Highest Level of Professional Excellence||Martindale-Hubbell||2016|
|Super Lawyer||Super Lawyer||2016|
|Best Lawyers||Best Lawyers||2016|
|Super Lawyer||Super Lawyers||2015|
|Best Lawyer||Best Lawyers||2015|
|Best Lawyer||Best Lawyers||2014|
|Super Lawyer||Super Lawyers||2014|
|Lawyer of the Year - Product Liability Litigation - Plaintiffs||Best Lawyers in America||2014|
|Best Lawyer||Best Lawyers||2013|
|Lawyer of the Year - Product Liability Litigation - Plaintiffs||Best Lawyers in America||2013|
|Super Lawyer||Super Lawyers||2013|
|Rising Star||Super Lawyers||2011|
|Litigation Star||Benchmark Litigation||N/A|
|Partner||Berman & Simmons, P.A.||2003 - Present|
|Adjunct Professor||University of Maine Law School||2006 - 2009|
|Associate Attorney||Latham & Watkins LLP||2000 - 2003|
|Law Clerk||U.S. Court of Appeals, 1st Circuit||1999 - 2000|
|Association name||Position name||Duration|
|American Bar Association||Member||N/A|
|American Association for Justice||Member||N/A|
|Maine Trial Lawyers Association||Governor||N/A|
|AAJ Nursing Home Litigation Group||Member||N/A|
|Attorney Information Exchange Group||Member||N/A|
|In Brief||$2.75 Million Settlement with United States Government on Behalf of Patient Paralyzed by Spinal Epidural Abscess||2016|
|In Brief||The Road to a $22.5 Million Jury Verdict||2014|
|In Brief||Who Are These People on My Jury?||2013|
|In Brief||Commercial Truck Accidents: Using Government Regulations and Oversight to Prove Your Case||2012|
|In Brief||Developing the Electrical Injury Case||2010|
|In Brief||Evaluating The Nursing Home Case: Accidents, Falls and Elopement||2009|
|In Brief||Evaluating the Nursing Home Case||2008|
|In Brief||Negligent Driving by Police Officers: Re-opening the Courthouse Door||N/A|
|In Brief||The Jury Trial's Last Stand: Wyeth v. Levine||N/A|
|In Brief||Victims of the Abuse are Fighting Back||N/A|
|In Brief||Evaluating the Nursing Home Case: The Pressure Ulcer Case||N/A|
|In Brief||Survival & Wrongful Death Claims in Maine||N/A|
|In Brief||Making The Injured Plaintiff Whole: Maine Tort Damages In Practice 1||N/A|
|Yale Law School||Law||JD - Juris Doctor||1999|