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 great successes and some disappointing failures, but overall managed to build the most successful plaintiff’s personal injury and medical malpractice practice in the State of Maine. Ben achieved success in a broad range of different types of plaintiff’s cases—police civil rights, product liability, medical malpractice, nursing home, maritime and industrial accidents.

Early in his career, Ben achieved a landmark civil rights verdict against a police officer for violating his client’s civil rights with a Taser shooting. The verdict was affirmed on appeal to the United States Court of Appeals for the First Circuit.

In 2014, after 4 ½ year of litigation, Ben achieved a record-setting $22.5 million jury verdict in Burlington, Vermont, on behalf of a utility lineman who lost both of his legs during a high-voltage powerline switching operation.

Ben followed his Vermont verdict with a verdict of $1.75 million jury verdict in a medical malpractice trial in Bangor, Maine.

More recently, Ben recovered $2.5 million in a medical malpractice case tried to a jury in New Hampshire.

Over the past decade, no other plaintiff’s lawyer in Maine can match Ben’s level of success on behalf of his clients, which include:

• Recovering more than $130 million in verdicts and settlements
• Achieving 31 verdicts or settlements in excess of $ 1 million
• Recovering more than $50 million for the victims of medical malpractice
• Recovering tens of millions of dollars for victims of car and trucking accidents.
• Recovering more than $11 million in actions against major automobile manufacturers, including Toyota, Hyundai, and Fiat Chrysler
• Recovering more than $15 million from power and electrical utility companies
• Recovering millions of dollars for families of the victims of the El Faro maritime disaster
• Recovering more than $5 million from 3 trials and several settlements of medical malpractice and personal injury against the U.S. Government
• Recovering millions of dollars for victims of nursing home negligence and abuse
• Recovering millions of dollars for victims of dangerous and defective products

Peer Recognition

Ben’s accomplishments, professionalism and character have won him the recognition of his peers. Ben has been named in Best Lawyers in America every year since 2013 and was named “Lawyer of the Year” for the State of Maine twice. Ben has been listed in Super Lawyers every year since 2013. He has received the top rating of “AV Preeminent” from Martindale-Hubbell and has a 10.0 out 10 rating on AVVO.

In 2019, Ben became only the second lawyer in Maine to be inducted into the Inner Circle of Advocates, an invitation-only group of the best 100 plaintiff lawyers in the United States.

Here is how the Inner Circle describes its criteria for membership:

Membership Criteria

Membership in The Inner Circle of Advocates is by invitation and based on criteria that include an applicant’s performance and success in the courtroom. The Inner Circle carefully evaluates experience, reputation, judicial references, and peer evaluations to identify the best 100 trial lawyers in the country. Typically, applicants are expected to have at least three verdicts of one million dollars or a recent verdict in excess of ten million dollars to be considered for membership. The Inner Circle looks for cutting edge lawyers in their jurisdiction who are active courtroom lawyers with a willingness to learn and teach about our craft and to be part of a close-knit, sharing group of professional colleagues. Membership in The Inner Circle of Advocates is not just an accolade, it is a commitment to participate in a unique laboratory of professional advancement.

In 2020, Ben was inducted as a Fellow in the American College of Trial Lawyers (ACTL), an invitation-only group limited to the top 1% of lawyers. Here is how ACTL describes the qualifications required for membership:

Membership in the College cannot exceed one percent of the total lawyer population of any state or province.

Founding Gideon Asen LLC

After 17 years at Berman & Simmons, in November 2020, Ben decided to leave one firm he loved and had helped to build, to form a new law firm, Gideon Asen LLC.

“I was very proud of everything we accomplished at Berman & Simmons,” Ben said, “but I was excited by the challenge of building a new firm that could be even better.”

Ben’s first step was to recruit Taylor Asen to join him.

“Taylor and I have a common mission,” Ben said. “Although we’re separated by 12 years, Taylor also attended Yale Law School and completed prestigious Federal clerkships. He’s insanely smart.”

“But perhaps more important, Taylor and I share a common vision of a plaintiff’s law firm where clients have access to exceptional lawyers and service. We are both supremely competitive and don’t tolerate mediocrity. We believe we owe it to our clients to give them the very best, and that is what Gideon Asen will provide.”

Podcast, Writing and Teaching

Ben enjoys thinking about the practice of trial law and strategies for success and is a frequent writer and speaker on trial topics.

Ben co-hosts a podcast called Elawvate! which focuses on the human factors and guiding principles that drive successful lawyers and law firms.

Personal Life and Interests

Ben lives in Freeport, Maine, with his wife, Sara Gideon, and three children, Julian, Aleksandr, and Anna Josephine. Sara is a former two-term Speaker of the Maine House of Representatives and was the 2020 Democratic Nominee for U.S. Senate in Maine. When Ben is not practicing law, he enjoys skiing at Sugarloaf, fishing in Casco Bay, hiking, canoeing, traveling and just spending time with his family.