Securing some of the largest personal injury verdicts in Massachusetts for his clients.
Ben Zimmermann’s success for clients both in and out of the courtroom is the result of his in-depth understanding of the law and trial practice, his tireless attention to detail in developing the facts of a case, and his commitment to his clients. In his almost two decades of practice, Ben has secured some of the largest personal injury verdicts in Massachusetts for the firm’s clients. In one year alone, Ben obtained two of the ten largest personal injury/wrongful death jury verdicts in Massachusetts, including a $20.6 million verdict against Toys "R" Us for a defective pool slide in a case. The verdict resulted in a decision from Massachusetts' highest Court, the Supreme Judicial Court, which upheld the award in a landmark opinion in Aleo v. Toys R Us, Inc., 466 Mass. 398 (2013). In 2019, Ben and his partner David McCormack obtained a $30.55 million medical malpractice verdict for the family of a child injured at birth, one of the largest jury verdicts in 2019 and among the largest medical malpractice verdicts in Massachusetts history.
Ben’s practice is dedicated to the litigation and trial of personal injury cases, with an emphasis in the areas of defective products, medical malpractice, construction site accidents, and premises liability. He has also litigated, tried, and handled the appeal of cases aimed at obtaining insurance coverage for injured clients where coverage is disputed. Ben is a member of numerous bar organizations and committees, and is a regular lecturer at continuing legal education programs and to area law students. He has regularly been recognized in the Top 100 Massachusetts Super Lawyers.
After graduating from Fordham University School of law in Manhattan in 1999, Ben took a position in the litigation department of a large firm in New York, but quickly realized that he wanted to represent individuals in the courtroom. Presented with the opportunity, Ben joined SUGARMAN as an associate in 2000 and became a principal of the firm in 2007. In addition to his skills as a trial lawyer, Ben has served as SUGARMAN's Managing Partner since 2013.
The First Circuit Court of Appeals reversed the U.S. District Court’s decision to dismiss product liability claims against a foreign manufacturer for lack of personal jurisdiction in Massachusetts. The First Circuit agreed with SUGARMAN's attorneys that the individual fulfillment of each order, the language in the manufacturer manual inviting direct contact from consumers and the significant stream of sales into Massachusetts over a fifteen-year period were enough to establish personal jurisdiction under existing Supreme Court precedent. The case was remanded back to U.S. District Court in Boston for further proceedings.
The Massachusetts Appeals Court affirmed the trial court’s denial of a protective order requested by the defendant, Massachusetts General Hospital (“MGH”), in a medical malpractice case involving a labor and delivery at the hospital. MGH’s attorneys had sought to prevent SUGARMAN from questioning hospital witnesses as to whether or not the medical providers involved in the labor and delivery, including a travelling nurse supplied to MGH by a staffing company, had complied with MGH’s internal policies regarding fetal heart monitoring of the baby. The Appellate Court, however, agreed with SUGARMAN that such questions were permissible under the Massachusetts Rules of Civil Procedure. SUGARMAN’s attorneys eventually resolved the medical malpractice claims against the MGH providers before obtaining a $30.55 million jury verdict against the corporation that had supplied the travelling nurse to MGH.
The Massachusetts Supreme Judicial Court upheld a jury verdict of $20.6 million, including the jury's award of punitive damages, in this landmark wrongful death case arising out of the defective design and manufacture of an inflatable pool slide.
SUGARMAN attorneys represented a Massachusetts state trooper who was catastrophically injured when struck by a car registered to Quisset Properties and insured by Quincy Mutual. Quincy Mutual denied coverage for the state trooper's injury claims on the basis that its insured (Quisset) failed to provide Quincy Mutual with necessary information about its business and, as a result, was in breach of the insurance contract. SUGARMAN attorneys intervened on behalf of Quisset and successfully argued on appeal that the insurance policy applied. As a result, SUGARMAN was able to obtain a sizable settlement, paid by two insurers including Quincy Mutual, for the state trooper.
A jury verdict against a medical laboratory in a medical malpractice lawsuit was reached where the lab negligently reported its test results, leading to a patient's permanent nerve damage. The Massachusetts Supreme Judicial Court rejected the medical laboratory's appeal and affirmed the jury's verdict won by SUGARMAN.
The verdict in this lawsuit against a bar, which included punitive damages against the bar and its management company for failure to provide adequate security, was upheld on appeal. The verdict was reached after a patron died off the premises of the bar, as a result of the inadequate security measures.
Recovery for 31 year-old man following the negligent maintenance and removal of an Intra-Aortic Balloon Pump (IABP) at a Boston-area hospital, resulting in clotting, arterial tearing and eventual below-the-knee amputation. The plaintiff brought suit against multiple defendants presumed to be responsible for pressure applied to the IABP during the hematoma control and for the attempted balloon removal. The case settled following over a dozen depositions conducted by Sugarman attorneys, who were able to uncover the responsible medical providers, some of whom had not been identified in the medical records.
Pre-suit settlement of medical malpractice case for 61-year-old man who suffered major stroke after his doctors and nurses failed to administer a critical medication for two days while the man was a hospital inpatient following cardiac surgery.
Pre-trial settlement on behalf of children of a middle-aged temporary worker who was crushed to death between the forklift he was operating and a metal shelving unit in a South Shore warehouse where he had been assigned to work by his staffing agency.
Following a two-week trial in Suffolk County Superior Court in Boston, SUGARMAN Principals Benjamin Zimmermann and David McCormack obtained a $30.55 million jury verdict on behalf of a child who suffered permanent and catastrophic brain injuries during his mother’s labor and delivery at a Boston hospital. The jury agreed that the nurse responsible for monitoring the baby’s heart rate and well-being during labor had failed to ensure that the baby was responding appropriately and that the nurse’s failure to comply with the standard of care resulted in the baby’s severe oxygen deprivation going undetected. The jury awarded damages for both the young boy and his parents.
An Essex County jury sitting in Newburyport rendered a verdict in favor of a 42-year-old woman who suffered significant neck injuries at a hospital in Lynn, MA, after being positioned on an operating room table for routine surgery. After she was anesthetized and medically paralyzed, her unsecured head fell off the table resulting in permanent nerve damage to her neck.
A Plymouth County jury sitting in New Bedford rendered a substantial verdict in favor of the estate of a pedestrian who was killed by a car that went off the road and struck him while walking his dog in Easton, MA. The plaintiff, his widow, alleged that the teenage driver that struck him lost control because he was engaged in a race or horseplay with another teenage driver. The jury found both drivers responsible for the incident in issuing their award.
Settlement of medical malpractice case on behalf of 70-year-old patient who was over-prescribed NSAIDS (Indomethacin) by physician and nurse practitioner in Quincy, MA, to treat gout for more than two years. The medication caused irreversible kidney failure, forcing the patient into dialysis for several years.
SUGARMAN lawyers secured $20.6 million in punitive and compensatory damages in Essex Superior Court in Salem, MA for a Colorado man whose wife was critically injured from a defective pool slide sold online and in stores by Toys R Us. The slide was imported from China and did not comply with federal standards regulating swimming pool slides. The jury award is the largest wrongful death/personal injury verdict in Massachusetts in 2011 and was upheld on appeal. Aleo v. SLB, 466 Mass. 398 (2013).
Settlement for family of pedestrian who was killed after being hit by a car. The defendant property owner failed to install barriers or guardrails in a shopping center access road, both of which would have prevented the accident and the pedestrian's death.
Middlesex County jury returns verdict on behalf of construction worker injured in fall from unguarded opening in construction project. The plaintiff sustained debilitating injuries and fractures as a result of the fall. One of 10 largest jury verdicts reported in Massachusetts in 2011.
Product liability claim was brought against the manufacturer and
distributor of the truck for failing to design truck with safety
mechanism to prevent uncontrolled movement in the event of a shift into
gear while pumping. As a result of the defective design of the truck, it shifted into gear and crushed a firefighter's leg, resulting in the need for amputation.
Settlement of medical malpractice lawsuit for widow and family of middle-aged man who became brain damaged and ultimately died as a result of a ruptured spleen suffered during a colonoscopy. While the complication is rare, it is known to occur. The medical negligence case/wrongful death case was brought for failure to recognize signs of splenic rupture and bleeding in the hours following the procedure.
SUGARMAN lawyers know that the damage done to lives by injury can be profound, yet often difficult to quantify or describe. And those effects last a lifetime. Our personal injury lawyers have the experience and resources to make a powerful case by developing the evidence and using expert consultation and testimony in order to prove your claim at trial. Just as important, we represent the injured and their families with special regard for the social, mental and emotional issues they face.