Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation
BURG SIMPSON IS OPEN AND REMAINS FULLY OPERATIONAL DURING THE COVID-19 PANDEMIC
JULY 2020 E-NEWS
$157 Million Settlement Secured for Victims of the Merrimack Valley Gas Explosions.
Michael S. Burg and Seth A. Katz are pleased to announce that a final class action settlement of $157,000,000.00 has been secured for the victims of the gas explosions that rocked the communities of Lawrence, Andover, and North Andover, Massachusetts on September 13, 2018.
Mass action and class action lawsuits were filed by lawyers representing multiple groups of plaintiffs against Columbia Gas and its parent company NiSource, Inc., following the explosions and fires. This settlement is separate from the money paid to the towns to cover infrastructure repairs and other expenses, as well as from the individual claims involving personal injuries and wrongful death. Residents and businesses will be able to submit claims upon the settlement receiving final approval from the Court.
Seth Katz said, “We are honored to have represented and provided a voice for the individuals and businesses affected by this tragedy. The natural gas systems in the United States are old and in disrepair. These explosions and fires, which resulted in the loss of life, injuries, and millions of dollars in property losses, are an example of what can happen when gas companies fail to repair and replace worn gas lines. We hope that this event and the results of this case will force gas companies to employ the safe practices necessary to prevent something like this from happening again.“
Burg Simpson Secures an Additional Award & Increases Client Recovery to $9 Million
Burg Simpson continued its efforts to obtain maximum recovery for the victims of a tragic personal injury case. Shareholder David Hersh fought for and secured a multi-million dollar attorney fee award against the United States arising from a serious bicycle crash case occurring on U.S. Air Force Academy grounds. This award brings the total Burg Simpson has recovered for its clients, James Nelson and his wife, Elizabeth Varney, during their 10-year battle with the government to over $9,000,000.00
This highly complex case with two trials and two appeals took more than a decade to win, but on February 12, 2019, following the second appeal by the United States, a panel of the 10th Circuit Court of Appeals affirmed the $7.3 million judgment entered by Judge Wiley Daniel, determining the United States had acted willfully and was responsible for the damages sustained by Mr. Nelson.
David Hersh was ably assisted in this case by his teammates at Burg Simpson, including paralegal Autumn Goes who worked with Mr. Hersh on this case from the very start. Pictured from left are Mr. Nelson, Ms. Varney, Ms. Goes, and Mr. Hersh.
Consistently recognized by his peers, Mr. Hersh has been selected by Super Lawyers, Best Lawyers in America, The National Trial Lawyers, 5280 Colorado Top Lawyers, Law Week Colorado’s Barrister’s Best, and the American Board of Trial Advocates. In 2015, David P. Hersh also attained the “Top Ten” status by Colorado Super Lawyers, and is one of only 15 Colorado attorneys who has received this distinction.
Tom Henderson Named Co-Chair of the
Colorado Trial Lawyers Association Task Force
Burg Simpson shareholder Tom Henderson is the chair of the firm’s bad faith insurance litigation division. Mr. Henderson was recently named co-chair of the Colorado Trial Lawyer Association’s newly formed Business Interruption Task Force. The Colorado Trial Lawyers Association (CTLA) formed the new task force because these types of insurance claims are going to be different from what most CTLA members have encountered in the past. Most of these business policies are not cookie-cutter, so they must each be separately analyzed to determine what coverage there is for lost business income during the pandemic. Unfortunately, yet predictably, the insurance industry has been busy denying every business income interruption claim that has been submitted. The task force members will be developing strategies for getting the insurance industry to pay the benefits owed for these claims.
Burg Simpson shareholder Thomas W. Henderson is the Chair of the Bad-Faith Insurance division of the firm’s Commercial Litigation Department . Mr. Henderson spent the first twenty years of his practice representing the insurance companies and now uses his unusual background to structure his clients’ cases to maximize the potential of getting the insurance companies to pay. Tom represents both individual consumers and businesses in their pursuit of insurance claims.
JOIN US FOR CRAIG HOSPITAL’S
Annual Charity Bike Ride:
This year’s “Pedal for Possible”
will be a virtual ride!
Craig Hospital’s Therapeutic Recreation department established the Pedal 4 Possible (P4P) charity bike ride in 2015 to raise money for patients who are experiencing spinal cord and brain injury. Due to the need for social distancing right now, this year’s P4P will be a virtual ride. The ride will take place from Saturday, September 19th to Saturday, September 26th, and you can complete your course from any location you choose! Please join Burg Simpson and register for Pedal for Possible now: 2020 Registration.
Shareholder Peter Burg is one of America’s leading trial lawyers and one of the nation’s foremost legal experts handling claims for persons with traumatic brain and spinal cord injuries. Mr. Burg is a past Chairman of the Operating Board of Directors for Craig and served on both the Craig Hospital Operating Board and the Craig Hospital Foundation Board for more than a decade. Register now and join Peter and our virtual team for this year’s Pedal for Possible!
It’s Motorcycle Season:
Please Drive Safely and Share Our Roadways
If You Have Been Injured in a Motorcycle Crash
If you have been injured in a crash caused by a negligent driver, it is important to contact an experienced personal injury lawyer to guide you through the legal process and maximize your chances of obtaining the compensation you deserve. Our experienced motorcycle crash lawyers have helped injured riders secure millions of dollars. Our consultation is free, so call us at Burg Simpson now to arrange for a case evaluation.
Burg Simpson shareholder Stephen J. Burg is the practice group leader of the firm’s personal injury team . He represents victims of automobile and motorcycle crashes, trucking accidents, and also focuses his practice on product liability injuries, gas explosions, wrongful death, and harmful drugs and medical devices. As a dedicated advocate for those who have been harmed by the carelessness of others, Mr. Burg has a long-standing reputation for his formidable skills as a litigator and a negotiator. He has a passion for holding negligent parties accountable for their actions and maximizing financial recoveries for his clients.
Burg Simpson Remains Fully Operational
During the Pandemic
We hope that you and your family are safe and doing well during this difficult time. While our offices are now open, some of our attorneys and professional staff are still working remotely to assist in the social distancing practices necessary to fight the pandemic. Although not everyone is in the office at this time, please know that Burg Simpson remains fully operational. We are committed to working on our clients’ cases and to assisting others who need and are seeking legal representation.
We are available to discuss your legal matters and concerns by email, telephone, or video conferencing and are committed to providing our clients with the best representation possible. Stay well and stay safe.