Andrew Finkelstein

covid-19 message from Marc Diller

andrew finkelstein, personal injury attorney, of counsel,  diller law, pc

15 Court Square, Suite 800
Boston, MA
Phone: 617-523-7771

Of Counsel

BAR ADMISSIONS

  • New York
  • New Jersey
  • United States Federal District Court in New York and New Jersey
  • United States Supreme Court
  • United States Court of Appeals for Veterans Claims (CAVC)

EDUCATION

  • Syracuse University, B.S. Brooklyn Law School, J.D.

MEMBERSHIPS

  • Executive Committee Member of The National Trial Lawyers 2013 – 2020
  • New York State Bar Association
  • Orange County Bar Association
  • Trial Lawyers for Public Justice
  • American Trial Lawyers Association
  • New York State Trial Lawyers Association
  • Million Dollar Advocates Forum and the Multi-Million Dollar
  • Advocates Forum
  • Executive Board Member of National Trial Lawyers of America
  • Executive Board Member of New York State Trial Lawyers Association
  • The Round Table 2014: America’s 100 Most Influential Trial Lawyers by The Trial Lawyer magazine
  • The Round Table 2015: America’s 100 Most Influential Trial
  • Lawyers by The Trial Lawyer magazine
  • The National Safety Council

Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties. An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.

He is a frequent lecturer at the Finkelstein & Partners Center for Continuing Legal Education. Mr. Finkelstein’s lecture topics include, “Building the case using experts and lay witnesses”, “Science in the Courtroom”, “Technology in the Courtroom”, “Prosecution of a Pharmaceutical Case”, “The Ethics of On-line Advertising”, and “Structured Settlements and the Personal Injury Settlement”. In addition to these presentations, he volunteers his time to present the firm’s “Commit to Quit Texting While Driving” seminar to high school students throughout New York.

Mr. Finkelstein also served as Captain of the 9/11 Victim Compensation Fund in a pro bono capacity through “Lawyers Care”. Finkelstein & Partners, with Mr. Finkelstein’s oversight, obtained over $10 million for victims and waived all legal fees associated with this representation. He was honored by the Association of Trial Lawyers of America for his leadership participation in the program.

In recognition of his commitment to consumer protection, Mr. Finkelstein has been appointed to several committees overseeing nationwide litigation involving dangerous pharmaceuticals. Mr. Finkelstein is the Chairman of the Plaintiff Personal Injury Steering committee for the Neurontin Liability Multi District Litigation in Boston, MA. He has worked closely with the FDA regarding the adverse effects associated with Neurontin, having filed a Citizens Petition seeking enhanced warning of the side effects of this drug, specifically increased suicidal tendencies. Additionally, Mr. Finkelstein is a member of the Executive Steering Committee of the Hormone Replacement Therapy Multi District Litigation in both Philadelphia, Pennsylvania and Little Rock, Arkansas. He is a member of the Plaintiff Steering Committee of the Ortho Evra Birth Control Patch New Jersey Coordinated Litigation, and the Plaintiff Steering Committee of the Viagra Multi District Litigation in Minneapolis, Minnesota.

Mr. Finkelstein is a professor at the renowned Trial School where the best trial lawyers go to get pointers and hone their trial skills.

Selected Recent Cases

Manufacturer and Distributor Accountable for Not Fixing Known Problem

Andrew represented a worker killed by a defectively designed machine. Andrew claimed that the machine manufacturer did nothing to fix a known problem that caused other workers catastrophic injuries in the past. During trial, the machine manufacturer and their distributor settled.

Motorist Injures Minor in Motor Vehicle Crash

Andrew represented a 16-year-old student who had serious physical injuries requiring several surgeries and extensive hospitalization and rehabilitation after a motor vehicle accident. The medical treatment resulted in the client having to repeat her tenth grade year. Andrew was able to settle the case at a mediation.

Unsafe Work Conditions Cause Truck Driver to Fall 10 Feet

Andrew represented a truck driver for a retail auto supply store who broke many bones after stepping off an unprotected edge in a warehouse while making a delivery. This eventually led to an amputation below his knee and installation of a prosthetic device. The safety gate that normally protects the edge was removed from the loading dock level in order to speed up the delivery. The employer was accountable for failing to uphold a safe work place and settled at jury selection to avoid taking the case to court.

Child Injured by Defective Design of Commercial Lawn Mower

Andrew represented a seven-year-old boy who was playing in his driveway when he was struck in the head with a baseball that became projectile after being run over by a commercial lawn mower. The child’s skull was fractured and he required extensive surgery to repair the skull damage, motor skill impairment and cognitive problems. An engineering expert determined the defective design of the mower violated industry standards. The landscaper was also at fault for failing to police the lawn for objects before mowing. The case was settled at mediation.

Failure to Treat Acute Asthma Timely

Andrew represented a 30-year-old client who entered the hospital with shortness of breath and was dead two days later. The cause of death was Acute Respiratory Distress Syndrome (ARDS). The hospital failed to perform the standard testing which would have allowed for a timely discovery of this disease and saving a life. After depositions of the doctors and the hospital representatives, the case was settled.

Nursing Home Abuse

Andrew represented a nursing home resident who was under doctor’s orders to only be served soft food due to a disability. The nursing home and food delivery service ignored these orders because sufficient protocols and systems were not in place. The client was served a hard-boiled egg which caused her to choke to death. It was the hope of the client’s family that the nursing home administration change their ways and this does not happen to other residents. The case against the two entities settled.

Unsafe Conditions at a Train Station

Andrew represented a train commuter who stepped through a metal plate causing him to fall on both knees and tear his quadriceps in both legs. This thin metal plate was placed over a hole without being secured as a temporary fix to a serious problem. The client required multiple surgeries and now uses a cane to walk. Had train station authorities properly secured the metal plate, ensuring safety for passengers, the fall never would have happened. The case was settled just before jury selection.

Dog Bite Results in Tearing Injuries

Andrew represented a 12-year-old client who was bitten in the face by a dog, causing terrible tearing injuries. The client suffered significant disfigurement which will require long term therapy as well as future plastic surgery to try to revise her scars. The case went to trial and a jury determined the defendants to be liable for the dog’s actions.

War Hero’s PTSD Triggered from Crash

Andrew represented a veteran who fought in Afghanistan during Operation Enduring Freedom and returned home to work as a Corrections Officer. His position involved checking cars for contraband at one of the entrances. While examining the rear of a van, another van lurched forward, momentarily pinning and injuring him. While the physical injuries were not too extensive, the surprise of the trauma triggered his then under control PTSD. Andrew’s client was ultimately unable to return to work due to the severe depression that developed from this work-related event. The case was settled before trial.

Pick-Up Driver Runs Over Motorcyclist

Andrew represented a motorcyclist who was run over by a pick-up driver who pulled out from a stop sign directly in front of him. Andrew’s client had multiple broken bones and required several surgeries. The police issued a ticket to the pick-up driver for failing to yield the right of way. Initially, the insurance company tried to blame the client for being on a motorcycle and only offered a small portion of the insurance policy. With Andrew’s representation, the client was able to receive the full amount left on their policy, which was offered well before trial.

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