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About me

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.

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Photos and videos

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Practice areas

Licensed

  1. Medical Malpractice: 40%
  2. Nursing Home Abuse: 20%
  3. Defective Products: 10%
  4. Wrongful Death: 10%
  5. Other: 20%
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Payment

Fees:

Contingent (33-40%)

Attorney endorsements

1 total 

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  • Peter L Thompson

    Ben is an extremely gifted and skilled attorney. I recommend him highly.

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    Peter Thompson Personal injury Attorney
    Relationship: Worked together on matter

Contact info

Berman & Simmons

PO Box 961
Lewiston, ME, 04243

Berman & Simmons

85 Exchange St
Portland, ME, 04101

Berman & Simmons

23 Water St
Bangor, ME, 04401

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Resume

License
StateStatusAcquiredUpdated
MEActive200307/13/2016
NYCurrently registered 200003/07/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Awards
Award nameGrantorDate granted
"AV Preeminent" - Highest Level of Professional ExcellenceMartindale-Hubbell2016
Lawyer of the Year - Personal Injury Litigation - PlaintiffsBest Lawyers2016
Super LawyerSuper Lawyers2015
Best LawyerBest Lawyers2015
Lawyer of the Year - Product Liability Litigation - PlaintiffsBest Lawyers in America2014
Best LawyerBest Lawyers2014
Super LawyerSuper Lawyers2014
Best LawyerBest Lawyers2013
Super LawyerSuper Lawyers2013
Lawyer of the Year - Product Liability Litigation - PlaintiffsBest Lawyers in America2013
Rising StarSuper Lawyers2011
Work experience
TitleCompany nameDuration
PartnerBerman & Simmons, P.A.2003 - Present
Adjunct ProfessorUniversity of Maine Law School2006 - 2009
Associate AttorneyLatham & Watkins LLP2000 - 2003
Associations
Association namePosition nameDuration
American Bar AssociationMemberN/A
American Association for JusticeMemberN/A
Maine Trial Lawyers AssociationMemberN/A
AAJ Nursing Home Litigation GroupMemberN/A
Education
School nameMajorDegreeGraduated
Cornell UniversityN/AN/AN/A
Yale Law SchoolLawJD - Juris DoctorN/A