Benjamin R. Novotny, J.D.

Benjamin R. Novotny has tried over 95 jury trials—almost all in the field of medical malpractice.

 

Ben was born and raised in Norfolk, Nebraska. His first job as a kid was riding on the back of his grandpa’s trash truck. Hard work and determination were ingrained in him, making him the person he is today.

 

Ben obtained his undergraduate degree from the University of Nebraska-Lincoln and his juris doctor from Suffolk University Law School. He attended the evening program at Suffolk so that he could work during the day to pay for his education.

Ben has a passion to fight for victims of medical malpractice, catastrophic injuries, and wrongful death. He has years of experience helping individuals and families harmed by negligence. Ben has won well over $500 million in verdicts and settlements for his clients. Some of Ben’s successes include:

 

Andrea Larkin, et al. v. Dedham Medical Associates, et al.: Ben was lead trial counsel in a case that resulted in a recovery of over $40 million (with interest) for a 28-year-old woman who suffered a catastrophic stroke hours after labor and delivery of her daughter. In 2015, this was the largest verdict in Massachusetts and the 20th largest verdict in the United States.

 

Edward Xu v. Tufts Medical Center, et al.: Ben was lead trial counsel in a case that resulted in a verdict of over $30 million (with interest) on behalf of a family whose newborn suffered from severe short bowel syndrome, which requires that he be tube fed for the rest of his life.

 

McCollins v. Judge Rotenberg Center: Ben garnered nationwide attention as lead trial counsel in a case involving the use of electro-shock therapy on children with autism at the Judge Rotenberg Center (JRC). During the trial, Ben successfully fought to have the dramatic videotape depicting the controversial use of electro-shocks release to the public. This was the first time in the JRC’s 41-year history that such a videotape had been released. The story quickly spread across the United States and internationally. Before the end of the trial, hundreds of thousands of people signed petitions to end the use of electro-shock therapy. Since then, the tragic case has been publicized on notable news networks such as CNN and BBC, and in magazines such as New York Magazine. While Ben tried the case to a successful conclusion, the impact of the case went well beyond the courtroom and resulted in several positive changes, including:

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• An investigation and statement by the United Nations calling electro-shock therapy torture

• The U.S. Food and Drug Administration (FDA) sending a warning letter to the JRC stating that the use of electro-shock therapy on autistic children violates FDA regulations

• The State of New York refusing to send children to the JRC

• New Massachusetts legislating setting standards for the use of electric shock therapy

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Estate of Joshua Messier v. Bridgewater State Hospital: Ben helped to obtain a $3 million settlement for a family whose 23-year-old disabled son was improperly restrained and killed by correction officers at a Massachusetts prison. This success resulted in sweeping systemic changes to improve the care and treatment of disabled individuals in state prison systems.

 

Zaw Zaw v. The Iowa Clinic, et al.: Ben was called in by co-counsel at the last minute to serve as lead trial counsel in a case in which he won a $2 million jury verdict for his client who was given an incorrect vasectomy instead of a circumcision.

 

Estate of Zoe Rosenthal v. Charles J. Davignon, et al.: In April 2021, during the COVID‑19 Pandemic, Ben contributed to the $9.5 million verdict obtained on behalf of two daughters whose mother was negligently killed while walking her dog in a crosswalk near her home. According to the court clerk, this result set a record for a non-economic damages verdict for wrongful death with adult heirs in Western Massachusetts.

 

​Ben’s ability to understand and tell his client’s story, combined with his vast knowledge of medicine, have earned him numerous awards and accolades throughout his career. Most notably, Ben was recognized as a 2018 Lawyer of the Year by Massachusetts Lawyers Weekly.

 

Ben has lectured at continuing legal education seminars in the areas of medical malpractice, personal injury law, and technology in the courtroom. Additionally, Ben has provided legal analysis and commentary on topics related to medical malpractice for various news stations.

 

Ben serves on the Iowa Association for Justice Board of Governors and is a member of the Winneshiek County Judicial Magistrate Appointing Commission.