The Immeasurable Impact of Advocacy

Burg Simpson founder Michael S. Burg discusses how the firm’s results transcend the courtroom to improve life for consumers and professionals nationwide.

Lawyer posing in a checker suit

Justin Smulison

February 29, 2024 10:00 PM

Burg Simpson Eldredge Hersh & Jardine, PC is driven by a passionate belief in the law and the impact it can make when properly applied.

Formed in 1976 in Denver, Colorado, Burg Simpson has since expanded to 62 lawyers and 200 staff in seven offices spanning six states. This national presence has uniquely positioned the firm at the forefront of civil law in the U.S. and has earned Burg Simpson a reputation for unparalleled advocacy in all areas of catastrophic injury and wrongful death. This includes class actions, product liability, construction defects, birth injuries and medical malpractice, as well as personal injury and commercial litigation. The trial law firm has secured more than $2 billion over its 45-year history, and with several far-reaching cases in progress, it will continue its tradition of excellence in 2024.

“We are proud to be lead and co-counsel in major nationwide trials and actions,” said founder Michael S. Burg. “Our mission is to achieve high-value results that will further protect the public and also maintain the integrity of the legal profession.”

Ohio Trail Derailment – Class Action

Burg Simpson’s Ohio office has been crucial for those affected by the freight train derailment that occurred on February 3, 2023. In that accident, 38 Norfolk Southern train cars transporting hazardous materials derailed in East Palestine, Ohio. Several cars burned for more than two days, and the release of various chemicals and pollutants into the air and ground forced nearby residents to evacuate.

A class action was filed by residents against Norfolk Southern, and a federal judge appointed firm shareholder Seth A. Katz as a co-lead attorney for the dozens of law firms and several hundred plaintiffs for that action. In addition to seeking maximum compensation for physical and real damages, Katz and his team are monitoring the long-term health of the affected residents since cancers and similar fatal diseases can take years to detect and be traced back to the derailment.

“The public can be preyed on by lawyers who don’t have the capability to handle cases of great complexity,” said Burg, who has been recognized by The Best Lawyers in America® annually since 2007 for Mass Tort Litigation / Class Action - Plaintiffs, and who received the Colorado Trial Lawyer Association’s Norman Kripke Lifetime Achievement Award in 2022. “Injured victims and their families need real trial lawyers who can make a difference and who are willing to take cases to trial and to fight for the rights of their clients.”

Body Broker Case

The “Body Broker Case” was an example of Burg Simpson’s ability to fight over the long haul for 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,” Burg said. “The case also put a spotlight on the importance of treating donated bodies with dignity and respect.”

After the initial jury verdict, the trial court ruled that the punitive damages award was constitutionally excessive, reducing it to $8.5 million (for a total of $17 million). But the Burg Simpson trial team appealed on behalf of the Donor families, and ultimately, the court ruled in favor of the Donor Families and ordered the trial court to reinstate the original judgment of $58.5 million. Burg Simpson is now litigating a bad faith case in federal court against BRC’s insurance company to further ensure justice is served.

Construction Defect

Burg Simpson’s Florida office opened in 2020 to serve as a beacon for consumer advocacy, particularly in the area of construction defects. COVID-19 caused an interruption in many construction projects. Once they resumed, they were often hurried to completion, so the work was inefficient and, in many cases, dangerous. The firm now handles some of the largest condominium defect claims in Florida on behalf of owners and homeowner associations.

“There is still some attempt to limit construction defect claims in the state as developers try to insulate themselves from liability,” Burg noted. “Many of the entities selling these properties and homes have no assets, so we must first pierce the corporate veil in order to hold the right parties accountable.”

Taking On Terrorism

Burg Simpson is also honored to be part of a consortium of law firms representing 3,500 Iraqi War veterans and Gold Star families in a civil lawsuit against seven EU banks. Filed under the Justice Against Sponsors of Terrorism Act (JASTA), the suit requests damages, charging that the banks are responsible for various shootings and roadside bombings because they processed Iranian money that paid for the attacks between 2003 and 2011.

The banks previously admitted wrongdoing and agreed to $3.2 billion in payouts to the U.S. government in exchange for delayed prosecution for violating sanctions against Iran and other countries. But Burg noted that veterans and their families are still enduring the physical and emotional harm suffered from the attacks, which are only being intensified by tie-ups in court. “We are proud to fight for our veterans,” Burg said. “As we inch toward a fair resolution, we need our country and politicians to step up for these families by holding these banks accountable.”

Catastrophic Injuries and Class Actions

Burg Simpson continues to demonstrate national leadership in the areas of catastrophic injury and liability suits against well-funded defendants, including:

  • Grayhawk Golf Club’s Isabella Restaurant (Arizona). The firm represents two families whose children, one of whom was a seven-year-old and one of whom was a five-year-old, suffered near-death experiences after being served food containing extreme levels of THC—the main psychoactive ingredient of marijuana.
  • Gaylord Resort and Hotel (Colorado). A client and his family were in the indoor pool area of the Gaylord Hotel when the entire HVAC system collapsed. A part of the system landed on the client’s head, causing brain bleeds as well as a broken neck and back.
  • Banner Health. In this class action, Burg Simpson represents 272 doctors who claim the Arizona-based healthcare system routinely changed medical coding for certain procedures, cheating the physicians out of bonuses and compensation.

Ensuring the Next Generation of Lawyers

Burg Simpson’s commitment to excellence has resulted in countless accolades for the firm and its lawyers. Burg Simpson has a national Tier 2 ranking from Best Law Firms® 2024 in Mass Tort Litigation / Class Actions – Plaintiffs and was recognized as a Tier 1 firm 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 shareholder Scott J. Eldredge as the 2024 “Lawyer of the Year” in Denver for Professional Malpractice – Plaintiffs. The firm continues to successfully fight and resolve cases on behalf of families whose children were catastrophically injured during birth. Birth injury litigation, including cerebral palsy and brachial plexus injury cases, remains an important part of the firm’s medical malpractice department.

Burg Simpson also continues to stand out as a legal leader, with 21 attorneys listed in The Best Lawyers in America and seven new lawyers as Best Lawyers: Ones to Watch® in America for 2024.

“Peer reviews are extremely valuable and humbling because it frequently means we earned the respect of those who are on the other side of the courtroom,” Burg said. “We are also delighted that our younger and newer lawyers are upholding this reputation for impactful advocacy and excellent client service.”

Headline Image: Burg Simpson Eldredge Hersh & Jardine, PC

Related Articles

"Lawyer of the Year"

Black and white headshot photo of woman lawyer

Jennifer Arnett

Insurance Law

Boulder, CO


How A Claim Can Create A ‘Class’ of Its Own

by Justin Smulison

One civil claim can help a victim recover, prevent others from the same harm and even save lives. Tom Connick has experienced this directly, having been at the ground floor of injury claims that have led to high-value class action settlements.

Fire Consuming Paper Money


Protecting Patients, Families and the Public

by Justin Smulison

Thousands of patients experience unfathomable pain while being treated. Some turn to Koskoff Koskoff & Bieder PC for justice, empathic counsel and results.

Group of lawyers gathering for a firm photo

"Lawyer of the Year"

Thomas B. Mooney

Thomas B. Mooney

Education Law

Hartford, CT



Ontario Personal Injury Claims: How Long Can Clients Expect to Wait?

by Salvatore Grillo

Personal injury lawyer Salvatore Grillo discusses types of personal injury claims and how long lawyers and clients can anticipate wait times for resolution.

Insurance forms and a pen with doctor in background


What Are the Benefits of Hiring a Lawyer After a Car Accident?

by Jamie S. Cogburn

Want to learn more about the benefits of hiring a car accident lawyer? Contact J. Cogburn Law for a free consultation with a Las Vegas car accident lawyer.

Man at desk writing with two toy cars in front of him


Injured in a Car Accident? 7 Steps You Need To Take Immediately

by Mark H. Perenich

Personal injury lawyer Mark Perenich offers advice on the seven most important steps to take immediately after you have been injured in a car accident.

Man and woman in car with airbags deployed and smoke coming from dash

An Employer’s Guidebook to Responding to Online Harassment

by Belle Harris and Brent Siler

Navigating online defamation against your business requires strategic responses. Two employment lawyers guide how to leverage contracts, understand social media limitations and the risks of legal action.

Image of person pushing giant phone with mouth and words coming out


Businesses Must Prepare for the New Department of Labor Independent Contractor Rule

by Kirby Black and Steven T. Clark

Two employment law lawyers explain how a new DOL rule making it more likely workers will be classified as employees, rather than independent contractors, has caused legal challenges and prompted businesses to reassess worker status and policies.

Block with outline of person slightly out of place from other blocks


The Wagner Law Group: ERISA and Employment Law

by The Wagner Law Group

For more than 25 years, The Wagner Law Group has combined the personalized attention and reasonable rates of small law firms with the specialization and sophistication of large firms to tackle all of their clients' ERISA and Employment Law needs.

Female Attorney in a Gray Suit Presenting to a Female Judge


The Long, Short, Thick and Thin of It

by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket


Gust Rosenfeld P.L.C. on Protecting Arizona Employers

by Justin Smulison

Gust Rosenfeld attorney Robert D. Haws discusses emerging trends in employment litigation and how the firm’s Employment and Education Law practice groups have protected clients in and out of Arizona’s courtrooms.

Gust Rosenfeld P.L.C. on Protecting Arizona Employers


5 Things To Do if You’re at Fault in a Car Accident

by Alex De Castroverde

Have you been in a car accident in Las Vegas, NV? Learn more about what to do if you were at fault. Contact a car accident attorney to discuss your case.

Man in blue jacket standing in front of smoking car


What if I’m Partially at Fault for My Car Accident?

by Christopher M. Davis

Experienced personal injury lawyer Christopher M. Davis explains what to do when you are partially at fault in a car accident in the state of Washington.

Man and woman discussing black car crashed into white car

6 Ways a Lawyer Can Help You With Your Medical Malpractice Claim

by Adam Malone

If you believe you have a medical malpractice claim, contact an experienced medical malpractice lawyer. Read on to learn how they can help with your claim.

Doctor in white lab coat showing x-ray to patient in blue scrubs


Georgia's Protector

by Justin Smulison

As one of the nation’s leading brain injury authorities, Adam Malone’s legal accomplishments continue to benefit Georgia’s public and its legal community.

Lawyer sitting in a chair with a book posing for photo

Trending Articles

Announcing the 2022 Best Lawyers® in the United States

by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue

by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

The U.S. Best Lawyers Voting Season Is Open

by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

The Best Lawyers in Australia™ 2024 Launch

by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How To Find A Pro Bono Lawyer

by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power

by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Inflation Escalation

by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?


Bentley & More LLP: Beacon of Hope

by Bentley & More

With a unique blend of expertise in trial advocacy and workers’ compensation, Bentley & More LLP has established itself as a beacon of hope for injured workers.

Bentley & More LLP: Beacon of Hope for Injured Employees

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

The Upcycle Conundrum

by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Wage and Overtime Laws for Truck Drivers

by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect

by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards

by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law

by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers