Dustin B. Herman Esq.

Associate

Dustin B. Herman Esq.
Biography

Dustin joined The Spangenberg Law Firm as an associate in 2015. Prior to joining the Spangenberg Team, Dustin was an attorney with Romano Law Group in West Palm Beach, FL, where his practice focused on pharmaceutical and medical device litigation as well as catastrophic injury cases. He has handled cases involving traumatic brain injuries, medical malpractice-wrongful death, product liability-wrongful death, gas drilling/fracking cases, commercial disputes, and various mass tort cases including Actos, BP Oil, DePuy ASR, DePuy Pinnacle, Propecia, Stryker Rejuvenate/ABG-II, Yaz, and the Zimmer Natural Knee II.

Dustin has handled complex product liability cases in both federal and state courts and is experienced in handling mass tort cases that have been consolidated into multidistrict litigation (or an “MDL”). Dustin is one of the primary attorneys litigating the Stryker Rejuvenate/ABG-II cases in state-court in FL.

Dustin lectures across the country on various legal topics and is the author of numerous publications, including a chapter in the 4th Edition of AAJ’s “Anatomy of a Personal Injury Lawsuit,” which was released in March 2015 by Trial Guides and AAJ.
In 2013, Dustin was named as one of south FL’s “Most Effective Lawyers” by the Daily Business Review; in 2014, he was selected as one of the National Trial Lawyers Association’s “Top 100 Trial Lawyers” (for the south FL area); and in June 2015, Dustin was named as a Rising Star by Super Lawyers.

Dustin is a passionate supporter of local and national justice associations. He served on the Board of Directors for the Young Lawyers Division of the Florida Justice Association between 2014 and 2015 and is also a member of the Ohio Association for Justice and the American Association for Justice. Dustin was recently elected as the Chair of AAJ’s Gas Drilling/Fracking Litigation Group.

Dustin received his undergraduate degree from the University of Florida. He received his law degree from Florida International University College of Law, where he was a member of the FIU Trial and Moot Court Teams. Dustin earned the Book Award in Evidence and multiple Dean’s List awards while in law school. In 2008, Dustin studied European Union law at Universidad de Sevilla and in 2009 he was given the opportunity to go to Florence, Italy where he studied International Criminal Law and other international policies concerning “Social Justice.”

Dustin and his wife, Dana, recently relocated to Ohio from Delray Beach, FL.

Contact Dustin: Dherman@spanglaw.com

Education
  • 2002, High School Diploma, East Lake High School, East Lake, Florida
  • 2007, Bachelor of Arts, Business Administration; Minor, Agricultural Law, University of Florida, Gainesville, Florida
    • Fraternity: Pi Kappa Alpha
    • Deans List
  • 2010, Juris Doctor, Florida International University College of Law, Miami, Florida
    • Mock Trial Team: Finalist 2009 Zehmer Mock Trial Competition, Fort Lauderdale, Florida; 2010 AAJ Mock Trial Competition, Regionals, Phoenix, Arizona
    • Moot Court Team
    • Book Award: Evidence
    • Dean’s List: 2007, 2009
  • Summer 2008, Universidad de Sevilla, Seville, Spain
  • Summer 2009, Gonzaga University School of Law, Florence, Italy
  • September 2009-December 2009, Internship, Miami-Dade County Public Defender’s office
  • October 2010-July 2011, Broad and Cassel, Attorneys at Law, West Palm Beach, Florida
  • July 2011- August 2015, Romano Law Group, Lake Worth, Florida
  • September 2015-Present, Spangenberg Shibley & Liber LLP, Cleveland, Ohio
Professional Membership
  • Board of Directors, Young Lawyers Section, Florida Justice Association (2014-2015)
  • Ohio Association for Justice
  • Florida Justice Association
  • American Association for Justice
  • The National Trial Lawyers
Recent Lectures
  • Co-author, Trial Toolbox®: “Res Ipsa Loquitur,” 2013
  • Gas Drilling/Fracking Cases: What the Frack?,” American Association For Justice, February 2013, Winter Convention Seminar Materials
  • Witness Testimony and Reports,” National Business Institute, December 2014, Seminar Materials
  • The Gatekeeper’s Discretion: Daubert Is All About The Judge,” Florida Justice Association’s Journal, 581, pp. 30-37, December 2014
  • Co-author, Trial Toolbox®: “Elements of Damages in Florida,” 2014, 2015
  • Trial Toolbox®: “Daubert Law in Florida,” 2015
  • Trial Toolbox®: “Daubert Law in Ohio,” 2015
  • Co-author, “Anatomy of a Personal Injury Lawsuit,” 4th Ed., Trial Guides, 2015
  • Co-author, “Elements of Damages in Florida,” Florida Justice Association’s Journal, 583, pp. 63-74, March/April 2015
Awards & Recognition
  • Super Lawyers, Rising Star, 2015 & 2017
  • The National Trial Lawyers: Top 100 Trial Lawyers, 2014, 2015
  • Elected as Chair of AAJ’s Gas Drilling/Fracking Litigation Group, 2015
  • “Most Effective Lawyers” 2013, Personal Injury Category, for the south Florida area by the Daily Business Review

Case Results
  • January 2012 – $3,171,000 Verdict – Medical Malpractice/Wrongful Death Case; member of trial team in a month-long medical malpractice trial involving a man who suffocated after having an angioedema reaction to the drug, Lisinopril, and after the rehabilitation clinic that prescribed the drug waited 4 hours to transfer the patient to an emergency room.
  • October 2012 – $28,500,000 Verdict – Brain Injury Case; member of trial team in two-week brain injury trial involving a man who suffered a traumatic brain injury and developed dystonia after being head-butted by the manager of a used car lot.
  • September 2014 – Confidential Settlement – Product Liability Case; one-off hip case involving a Zimmer Trilogy Constrained Liner; drafted complaint; drafted response to dispositive 12(c) motion to overcome choice-of-law issue regarding the applicable statute of limitations; handled all fact and expert depositions; obtained Design History File, regulatory file, MDR’s, and other pertinent documents; performed all document review; hired experts; worked with experts in creating expert reports; conducted mock trials; drafted responses to and successfully defended against Daubert motions; drafted response to and successfully defended against motion for summary judgment; worked case up for trial. Case settled two days before trial started.
  • Mass Tort Cases Handled or Currently Handling:
  • Actos Bladder Cancer;
  • DePuy ASR;
  • DePuy Pinnacle;
  • Gulf Oil Spill;
  • Propecia;
  • Stryker Rejuvenate and ABG-II;
  • Yaz.
Outside The Courtroom

Dustin and his wife, Dana, have been married since 2011 and recently moved to Ohio so they could be close to Dana’s (big!) Italian family. They now live in Beachwood, Ohio. Dustin was born and raised in FL and loves doing anything on the water. He especially enjoys fishing, spearfishing, scuba diving, and wakeboarding. He also loves snowboarding and says he looks forward to making the best of the long Cleveland winters. "It's not where you're at, but who you're with that counts," he says. "It's why we moved to Cleveland in the first place. I love going to Dana's grandmother's house for pasta Sundays and spending time with family."

Dustin attended the University of Florida and is a life-long Gator fan. Now that he is a Clevelander, he has made the transition to becoming a Browns, Cavs, and Indians fan. He says he will also root for Ohio State (as long as they aren’t playing the Gators).
Even when he is not in the office, Dustin is almost always available to his clients by email or on his cell phone. He says: “If you love what you do, you never work a day in your life. And I truly feel that way about being a trial lawyer.”

Publications
  • Co-author, Trial Toolbox®: “Res Ipsa Loquitur,” 2013
  • Gas Drilling/Fracking Cases: What the Frack?,” American Association For Justice, February 2013, Winter Convention Seminar Materials
  • Witness Testimony and Reports,” National Business Institute, December 2014, Seminar Materials
  • The Gatekeeper’s Discretion: Daubert Is All About The Judge,” Florida Justice Association’s Journal, 581, pp. 30-37, December 2014
  • Co-author, Trial Toolbox®: “Elements of Damages in Florida,” 2014, 2015
  • Trial Toolbox®: “Daubert Law in Florida,” 2015
  • Trial Toolbox®: “Daubert Law in Ohio,” 2015
  • Co-author, “Anatomy of a Personal Injury Lawsuit,” 4th Ed., Trial Guides, 2015
  • Co-author, “Elements of Damages in Florida,” Florida Justice Association’s Journal, 583, pp. 63-74, March/April 2015