Insight

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Protecting the Public

Burg Simpson founder and three-time Best Lawyers® “Lawyer of the Year” honoree Michael S. Burg discusses the impact of the firm’s national cases and how its trial lawyers continue to add to the firm’s 45-year legacy.

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JS

Justin Smulison

March 3, 2023 12:00 AM

Burg Simpson Eldredge Hersh & Jardine, PC is both lead counsel and co-counsel in a number of major national cases, all designed to protect consumers from harmful products, as well as substandard construction and infrastructure, just to scratch the surface.

“Recent years have been among the most challenging for everyone on physical, economic and social levels. Our job is to remain mindful of those who need the strongest representation, often in the most difficult areas,” said Michael S. Burg, who founded the firm 45 years ago in Colorado—where it is still headquartered—with the goal of providing a courtroom voice for injured victims.

Now one of the leading plaintiffs’ firms in the U.S., Burg Simpson has over 60 lawyers and almost 200 staff in seven offices. The firm has secured more than $2 billion in verdicts, settlements and judgments for clients. This includes more than 100 individual recoveries in excess of $1 million each in the areas of mass tort, class action, personal injury, workers’ compensation, construction defects, medical malpractice and complex business and commercial litigation.

“We have innovative and diverse legal teams who continue to adapt. Our young associates and shareholders work hard to carry on our mission of protecting consumers and holding large corporations accountable,” said Burg, who was recognized as a Best Lawyers “Lawyer of the Year” in Denver for Mass Tort Litigation / Class Actions - Plaintiffs in 2013 and 2018 and for Product Liability Litigation – Plaintiffs in 2016. “Our expansive litigation backgrounds and diversity of cases demonstrate the depth and breadth of our trial experience. Continuing to add talented individuals to our teams ensures that we maintain this momentum.”

Personal Injury and Medical Malpractice

Burg Simpson has successfully assisted its clients in the past year with cases resulting in many multimillion-dollar settlements and verdicts in the areas of personal injury and medical malpractice. “Our extensive experience in these areas gives us a unique advantage in obtaining the types of awards that result in long-term care for our clients and their families” said Burg.

Major Class Actions

Burg Simpson represents individuals who have been injured by defective or dangerous drugs and medical devices. Our experienced team of litigation attorneys and paralegals have worked together to handle these cases, some of which have involved some of the world’s largest high-profile companies.

The firm also represents plaintiffs in a critical federal tort claim gaining national attention. From 1953 to 1987, service members and civilians living or working at Camp Lejeune U.S. Marine Base in North Carolina were exposed to harmful chemicals in the base water. Estimates indicate that one million people may have been affected by the contaminated water. Several studies have shown varying degrees of causation and correlation between the chemicals found in Camp Lejeune’s water and multiple health conditions, including cancers, infertility, miscarriage and birth defects, among others.

Additional high-profile consumer law cases include representing a client who was scalded and suffered severe burns when her Sunbeam Crock-Pot exploded in 2019. While the product has since been recalled after more than 100 similar injuries, the firm’s goal is to hold the manufacturer accountable for these types of injuries.

“Class actions and complex personal injury claims can be difficult cases to prove,” Burg said. “However, our knowledgeable lawyers are dedicated to pursuing justice on behalf of these injured victims and their families.”

Body Broker Case

The “Body Broker Case” was an example of Burg Simpson’s ability to fight for their clients at the intersection of science, ethics and the law. In November 2019, the firm secured $58.5 million in compensatory and punitive damages for families who had donated the bodies of their deceased loved ones to Steve Gore and the companies he worked for, including Biological Resource Center (BRC) and Platinum Training, LLC.

The jury verdict was one of the largest civil verdicts in Arizona history and shuttered the defendant company. The case also put a spotlight on the consequences of not treating donated bodies with dignity and respect.

Additionally, Burg Simpson is also involved in pursuing civil claims against the Sunset Mesa Funeral Home in Montrose, Colorado. The owners of this business were recently sentenced to 15 and 20 years, respectively, in prison for their treatment of donated bodies.

Construction Defect

Burg Simpson further strengthened its reputation as a leader in construction defect law in 2020 when it opened its Tampa, Florida office. The firm represents several condominium owners and homeowner associations on significant defect claims in Florida.

“Construction abruptly stopped on many of these buildings during the past housing crisis,” Burg noted. “When building resumed, the work was done hastily and as cheaply as possible just to get the buildings completed and on the market. Consumers are now paying the price for the shoddy construction, and our firm’s goal is to hold the builders accountable and to ensure that consumers can purchase safe housing.”

Infrastructure and Natural Gas Litigation

The firm has also secured favorable resolutions in cases stemming from infrastructure deficiencies across the U.S. The country is still using gas lines that are very antiquated, often with old, outdated pipes and materials. This results in gas explosions around the country on a fairly regular basis. One marquee trial in 2023 will be in Colorado against Xcel Energy, a provider of natural gas in the state’s pipelines. This specific case resulted from an explosion near a senior center at Heather Gardens, which put more than a dozen buildings at risk, created property damage, and resulted in one death.

“Xcel had previously testified that some of the Federal Pipeline Safety Act does not apply to them, which is insane,” Burg said. “Federal regulation obligates their duty to inspect their lines anytime there is a risk of damage to the lines. Burg Simpson intends to hold them accountable so that in the future, they will appropriately inspect their lines, ensure consumer safety and prevent further tragedies.”

Awards, Achievements and a Look to the Future

Burg Simpson’s commitment to excellence has resulted in countless accolades for the firm and its lawyers. In 2023, Burg Simpson was awarded a national Tier 2 ranking from U.S. News – Best Lawyers® “Best Law Firms” in Mass Tort Litigation / Class Actions – Plaintiffs and a Tier 1 metro ranking in Colorado for Construction Law; Litigation - Construction; Mass Tort Litigation / Class Actions - Plaintiffs; Personal Injury Litigation - Plaintiffs; Product Liability Litigation - Plaintiffs; Professional Malpractice Law - Plaintiffs; and Workers’ Compensation Law - Claimants.

Best Lawyers recognized two Burg Simpson lawyers as 2023 “Lawyer of the Year” recipients in Denver: Shareholders Craig Nuss for Construction Law and Brian K. Matise – Mass Tort Litigation / Class Actions - Plaintiffs. Additionally, 27 Burg Simpson attorneys were recognized in The Best Lawyers in America® and 11 in Best Lawyers: Ones to Watch® in America for 2023.

“We are extremely proud to be staffed by many of the most creative and strategic trial lawyers who are positively impacting the legal landscape,” Burg said. “The favorable results achieved by our veteran leaders and rising stars continue to ensure that Burg Simpson will remain at the frontlines in the fight for peoples’ legal rights.”

Colorado Office:

40 Inverness Drive East

Englewood, CO 80112

Phone: 303.792.5595

Fax: 303.708.0527

The firm also has offices in Florida | Wyoming | New Mexico | Arizona | Ohio | Nevada

www.BurgSimpson.com

Headline Image: Burg Simpson Eldredge Hersh & Jardine, PC

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