Processing and Learning from Trial Loss with Ben Gideon

Join Ben and Rahul for their in-depth discussion of Ben’s recent three-week jury trial in which Ben represented a little girl who developed cerebral palsy following the development of necrotizing enterocolitis in the NICU.  Ben discusses how decision-making guided by big data led to him and his client to turning down an $11 million offer after closing arguments to take a verdict.  He discusses what he learned following extensive discussions with jurors following the trial. Ben describes how this verdict influences his thinking about data, risk and approach to trial moving forward.

About Ben Gideon

https://gideonasen.com/our-team/benjamin-gideon/

Ben grew up in Portland, Maine, attended public schools and graduated from Deering High School in 1989. Ben’s father, Martin Rogoff, was a prominent member of the Maine Law School faculty, so Ben grew up immersed in discussions of the law. Ben began to develop his legal skills early in life through nightly arguments with his father at the dinner table.

In high school, Ben played varsity soccer and was the captain of the hockey team. Following high school, Ben attended Cornell University in Ithaca, NY. Ben attempted to walk on to the Cornell hockey team, but was eventually cut from the team, ending his hockey career. Depressed and disappointed at this failure, Ben became a poor student, failed several classes, and was told he was being suspended from college on academic probation.

After rehabilitating himself through some community college courses, Ben was able to gain re-admission to Cornell and to complete his degree. Ben applied to law school and was admitted to Boston University School of Law. There, Ben was a standout student. His grades were so exceptional after his first year that he was accepted as a transfer student to Yale Law School where he earned his law degree.

Ben began his career in private practice at a large, multi-national law firm, Latham & Watkins, in New York City. He practiced there for several years before deciding to return to Maine to join Berman & Simmons, PA, Maine’s largest plaintiff’s law firm.

EDUCATION

• Cornell University, 1993
• Yale Law School, 1999

RECOGNITIONS

• The Inner Circle of Advocates, 100 of the Best Plaintiff Lawyers in the U.S., 2019-present
• American College of Trial Lawyers, Fellow, 2020-present, Top 1% of all lawyers
• America’s Top 100 Attorneys ― Listed in Maine for Personal Injury, Medical Malpractice, and Products Liability, 2017
• The Best Lawyers in America ― 2013–present; “Lawyer of the Year,” 2016–present
• Super Lawyers ― “Super Lawyer,” 2013–present
• Martindale-Hubbell ― Top Rated “AV Preeminent”
• Chambers & Partners USA ― Listed for Litigation: Medical Malpractice & Insurance and Mainly Plaintiff
• Benchmark Litigation ― “Litigation Star”
• AVVO — Rated 10.0 out of 10

MEMBERSHIPS

• Maine Board of Overseers of the Bar, Professional Ethics Commission
• Maine State Bar Association
• American Association for Justice (AAJ)
• American Bar Association
• Governor, Maine Trial Lawyers Association

ADMISSIONS

• Maine (2003)
• U.S. District Court, District of Maine (2010)
• Vermont (2016)
• New Hampshire (2010)
• U.S. District Court, Southern District of New York (2002)
• New York (2000)

 

A Leader at Berman & Simmons

During his years at Berman & Simmons, Ben rose from an associate to become an owner and practice leader at the firm. Ben was instrumental in helping the firm re-invent its approach to litigating and trying cases; expanded its areas of practice expertise; and recruited and trained many talented lawyers.

During his 17 years at Berman & Simmons, Ben enjoyed many...