Dustin Herman, Esq. Photo

Dustin B. Herman, Esq.

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Dustin Herman, Esq. Video Play
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Overview

Dustin B. Herman is a partner with Spangenberg Shibley & Liber in Cleveland, OH, where he concentrates his practice on pharmaceutical and medical device litigation, products liability, medical malpractice, catastrophic/brain injury cases, and trucking cases. Before moving to Ohio in 2015, Dustin practiced law in Florida with the Romano Law Group.

  • 2013, Dustin was named as one of south FL’s “Most Effective Lawyers” by the Daily Business Review for his role in obtaining a $28.5 million verdict in a traumatic brain injury case (see full listing of case results below).
  • 2014–2022, Dustin was selected as one of the National Trial Lawyers’ “Top 100 Trial Lawyers” (for south Florida/Ohio)
  • 2015, 2017-2022, Dustin was named as a “Rising Star” by Super Lawyers
  • 2019, President of the National Trial Lawyers’ Top 40 Under 40
  • 2021, Best Lawyers, Product Liability—Plaintiffs
  • 2022, Best Lawyers, Product Liability—Plaintiffs; and Personal Injury—Plaintiffs
  • April 2022, Dustin and Dennis Lansdowne obtained a $6.5 million verdict in a malpractice/wrongful death case.

Dustin lectures across the country on trial advocacy, Daubert issues, and discovery of Electronically Stored Information (ESI). He 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.

Dustin has been or is currently representing clients in the following mass tort cases:

  • MDL 2804, In re: National Prescription Opiate Litigation (Law and Briefing Committee);
  • MDL 2606, In re: Benicar (Olmesartan) Products Liability Litigation (Daubert Briefing Committee);
  • Anti-Terrorism Litigation, 1:17-cv-08709, O’Sullivan, et al. v. Deutsche Bank AG, et al. (S.D.N.Y) and 1:17-cv-00915, Holladay, et al. v. The Islamic Republic of Iran (D.D.C.) (Co-Chair, Discovery Committee; Law and Briefing Committee);
  • Silicone Contaminated Eye Injection Litigation, pending in state courts in Arizona, New York, and Florida (co-lead counsel);
  • MDL 2545, In re Testosterone Replacement Therapy Products Liability Litigation;
  • In re: Stryker Rejuvenate and ABGII Hip Implant Products Liability Litigation (one of the lead lawyers who litigated cases in Florida state courts);
  • MDL 2331, In Re Propecia (Finasteride) Product Liability Litigation (Science Committee);
  • MDL 2327, In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation;
  • MDL 2299, In re: Actos (Pioglitazone) Products Liability Litigation;
  • MDL 2244, In re: DePuy Orthopaedics Pinnacle Hip Implant Products Liability Litigation;
  • MDL 2197, In re: DePuy Orthopaedics ASR Hip Implant Litigation; and
  • MDL 2179, In re: Oil Spill by the Oil Rig “Deepwater Horizon.”

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. He currently serves on the Board of Directors for the Cleveland Academy of Trial Attorneys and the Board of Trustees of the Ohio Association for Justice. He is also a member of the Cleveland Metropolitan Bar Association, Federal Bar Association, Florida Justice Association, and the American Association for Justice. Dustin served as Co-Chair of AAJ’s Gas Drilling/Fracking Litigation Group from 2014-2016 and Co-Chair of AAJ’s Silicone Contaminated Eye-Injection Litigation Group from 2018-2021.

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, moved to Ohio from Delray Beach, FL in 2015. They live in Twinsburg, Ohio with their son, Dylan, and daughter, Ava.

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

Leadership and Professional Memberships

  • Past-President, The National Trial Lawyers’ Top 40 Under 40, 2019
  • Executive Committee, The National Trial Lawyers’ Top 40 Under 40, 2018-Current
  • Board of Trustees, Ohio Association for Justice, 2021-Current
  • Board of Directors, Cleveland Academy of Trial Attorneys, 2019-Current
  • Co-Chair of AAJ’s Silicone Contaminated Eye Injection Litigation Group, 2017-2021
  • Chair, The National Trial Lawyers’ Top 40 Under 40 Trial Academy Bootcamp, 2019-Current
  • Co-Chair of AAJ’s Gas Drilling/Fracking Litigation Group, 2015-2016
  • Board of Directors, Young Lawyers Section, Florida Justice Association, 2014-2015
  • Ohio Association for Justice
  • Cleveland Academy of Trial Attorneys
  • Cleveland Metropolitan Bar Association
  • Florida Justice Association
  • American Association for Justice
  • The National Trial Lawyers
  • Federal Bar Association
  • Public Justice

Presentations and Lectures

  • Negligent Drilling/Fracking Cases, American Association for Justice's 2013 Winter Convention; Miami Beach, Florida; February 12, 2013.
  • The Neuroscience and Endocrinology Behind Propecia, Propecia Multidistrict Litigation Plaintiffs' Steering Committee Meeting; St. Louis, Missouri; August 1, 2013.
  • The Legal Side of Social Media, Central Palm Beach County Chamber of Commerce-West; West Palm Beach, Florida; September 27, 2013
  • Damages: Loss of Capacity For Enjoyment of Life, Florida Justice Association's Workhorse Seminar; Orlando, Florida; February 20, 2014
  • Demonstrating Your Case to the Judge and Jury through "Strategic Visualization", Connectionology Seminar; Columbus, Ohio; March 12, 2014
  • Mass Torts Update, Connectionology Seminar; Columbus, Ohio; March 12, 2014
  • The Science Behind Propecia, Med School for Mass Tort Lawyers; Boca Raton, Florida; May 8, 2014
  • Gas Fracking - Takeaways For Case Selection, American Association for Justice's Annual Convention; Baltimore, Maryland; July 28, 2014
  • Discovery of Electronically Stored Information, National Business Institute; Fort Lauderdale, Florida; December 11, 2014
  • Daubert Comes to Florida, National Business Institute; Fort Lauderdale, Florida; December 11, 2014
  • Daubert Comes to Florida, National Business Institute; West Palm Beach, Florida; December 12, 2014
  • Damages: Loss of Capacity For Enjoyment of Life, Florida Justice Association’s Workhorse Seminar; Orlando, Florida; February 19, 2015
  • Dealing With Daubert, Connectionology Seminars of America; Cleveland, Ohio; April 2, 2015
  • The Story of Propecia: It All Started With a Village of Pseudo-hermaphrodites From the Dominican Republic, Med School for Mass Tort Lawyers; Boca Raton, Florida; May 7, 2015
  • Daubert Strikes Back: Defending Your Experts, Florida Justice Association’s Annual Convention; Orlando, Florida; June 11, 2015
  • Daubert/Frye University, Florida Justice Association’s Workhorse Convention; Orlando, Florida; March 29, 2016
  • New Rules, New Strategies: Owning E-Discovery, Spangenberg Litigation Institute; Cleveland, Ohio; April 15, 2016
  • 7 Deadly Sins of E-Discovery: Adapting (or Perishing) in the Evolving World of Electronically Stored Information, Ohio Association for Justice’s Winter Convention; Cleveland, Ohio; November 4, 2016
  • Fundamental Concepts and Principles Which you Need to Know and Understand Regarding “E-discovery,” National Trial Lawyers Summit; Miami, Florida; February 7, 2017
  • The “Daubert Report” – Everything You Need to Know But Were Afraid to Ask – How Daubert Reports Can Win Cases and Lose Cases – Beware of the Minefields! Florida Justice Association’s Workhorse Seminar; Orlando, Florida; February 28, 2017
  • Strategic Visualization – Not Just At Trial, But Throughout the Entire Case, Spangenberg Litigation Institute; Cleveland, Ohio; April 21, 2017
  • Identifying and Handling Mass Tort Cases for the Single Event Firm, Ohio Association for Justice’s Annual Convention; Columbus, Ohio; May 5, 2017
  • Understanding the Two-Step Process of E-Discovery, Ohio Association for Justice’s Winter Convention; Cleveland, Ohio; November 3, 2017
  • The Pretrial Conference-Understanding How Cases Can Be Won and Lost in and Through the Pretrial Conference and Pretrial Statement-What You Need to Know! What You Need to Avoid!”, National Trial Lawyers Summit; Miami, Florida; February 4, 2018
  • Handling, Litigating, and Trying the Product Liability Case in Aquatic Injury/Death Cases Including Scuba Diving and Undersea Adventures, Florida Justice Association’s John Romano Workhorse Convention; Orlando, Florida; March 22, 2018
  • Daubert Motions and Motions in Limine, Spangenberg Litigation Institute; Cleveland, Ohio; April 27, 2018
  • Employing E-Discovery in Every Case: The Nuts and Bolts, Ohio Association for Justice’s Annual Convention; Columbus, Ohio; May 3, 2018
  • The Eggshell Theory of Damages, The Florida Justice Association’s John F. Romano Workhorse Seminar, Orlando, Florida, February 21, 2019
  • 7 Deadly Sins of Cross Examining the Defense Medical Examiner, Spangenberg Litigation Institute; Cleveland, Ohio; April 26, 2019
  • E-Discovery in Every Case: A Methodology, Ohio Association for Justice’s Annual Convention; Columbus, Ohio; May 3, 2019
  • National Trial Lawyers, 40 Under 40 Trial Academy Bootcamp (Chair), Orlando, Florida; November 22-24, 2019
  • Cross Examining the DME, The National Trial Lawyers Summit; Miami, Florida, January 19, 2020
  • National Trial Lawyers, 40 Under 40 Trial Academy Bootcamp (Chair), Denver, Colorado; March 13-15, 2020
  • Glasgow Coma Scale: Misunderstandings, Misinterpretations, Misleading-Misleads – How and Why the Glasgow Coma Scale Interpretations Continue to Obliterate So Many TBI Cases Simply Because the Plaintiff Attorney Fails to Understand What the GCS Is and Is Not, The Florida Justice Association’s John F. Romano Workhorse Seminar; Orlando, Florida; March 27, 2020
  • E-Discovery in Medical Malpractice Cases: Medical Records are Just the Beginning! Ohio Association for Justice’s Annual Convention; Columbus, Ohio; August 14, 2020
  • Every Single Case Involves the Discovery of Electronically Stored Information: What Every Lawyer Must Know and Understand to Successfully Employ E-Discovery in Every Case, Ohio Association for Justice’s Annual Convention, Columbus, Ohio; August 14, 2020
  • Recent Changes to Ohio Rules of Civil Procedure, Cleveland Academy of Trial Attorneys; Cleveland, Ohio; September 23, 2020
  • The Legacy of Craig Spangenberg: A Tribute to a Trial Lawyer, Stalwart, and Teacher—and What We Can Learn From His Rules, Analogies, Theories, and Teachings That Are Still Applicable Today, The Florida Justice Association’s John F. Romano Workhorse Seminar, Orlando, Florida; February 24, 2021
  • A New Era—Ohio Adopts the Federal Rules Governing Discovery: What Ohio Attorneys Need to Know About Their Ethical and Professional Obligations Under the New Rules, Ohio Association for Justice Annual Convention; Columbus, Ohio; June 16, 2021
  • National Trial Lawyers, 40 Under 40 Trial Academy Bootcamp (Chair), Orlando, Florida; August 20-22, 2021
  • E-Discovery in Medical Malpractice Cases: Medical Records Are Just the Beginning! Ohio Association for Justice Winter Convention; Cleveland, Ohio; November 15, 2021
  • National Trial Lawyers, 40 Under 40 Trial Academy Bootcamp (Chair), Denver, Colorado; March 4-6, 2022
  • Secret of Medical Records: Following the Hidden Breadcrumbs to Find the Information, Ohio Association for Justice’s Annual Convention, Columbus, Ohio; May 5, 2022

Awards and Recognitions

  • Best Lawyers, Product Liability; Plaintiffs and Personal Injury, 2022
  • Best Lawyers, Product Liability—Plaintiffs, 2021
  • Super Lawyers, Rising Star (Ohio), 2022
  • Super Lawyers, Rising Star (Ohio), 2021
  • Super Lawyers, Rising Star (Ohio), 2020
  • Super Lawyers, Rising Star (Ohio), 2019
  • Super Lawyers, Rising Star (Ohio), 2018
  • Super Lawyers, Rising Star (Ohio), 2017
  • Super Lawyers, Rising Star (Florida), 2015
  • The National Trial Lawyers: Top 100 Trial Lawyers (Ohio), 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022
  • The National Trial Lawyers: Top 100 Trial Lawyers (south Florida), 2014
  • The National Trial Lawyers: Top 40 Under 40 (Ohio), 2016, 2017, 2018, 2019, 2020, 2021, 2022
  • The Trial Lawyer Magazine’s Top 40 Under 40, “Member Spotlight,” Spring 2017
  • “Most Effective Lawyers” 2013, Personal Injury Category, for the south Florida area by the Daily Business Review for role in obtaining a $28.5 million verdict

Case Results

  • $28,500,000 Verdict—Brain Injury; 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.
  • $6,500,000 Verdict—Medical Malpractice/Wrongful Death; 52 y/o woman went to an emergency room and was misdiagnosed; she died the next day from pneumonia.
  • $6,000,000 Settlement—Medical Malpractice/Wrongful Death; woman died after complications from heart surgery.
  • $4,900,000 Settlement—Brain Injury; represented a woman who suffered a traumatic brain injury after a 4-foot section of an iron vent pipe fell on her head while she was sitting at her desk. The building was being remodeled, and the pipe fell after it was left unsecured by the general contractor and the plumbing subcontractor.
  • $3,171,000 Verdict—Medical Malpractice/Wrongful Death; 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.
  • $2,750,000 Settlement—Medical Malpractice/Wrongful Death; represented a man whose doctors discovered a small tumor in his small intestine, but due to negligence and bad communication between the doctors, there was a 4-year delay in diagnosing the tumor as cancer. By the time it was discovered, the cancer was terminal.
  • $1,900,000 Settlement—Medical Malpractice/Wrongful Death; man who had surgery on throat died of a heart attack after deadly delay in diagnosis.
  • $1,900,000 Settlement—Product Liability/Defective Hip; represented a woman who had to undergo multiple hip surgeries and suffered from serious complications from a persistent infection after having surgery to remove the defective hip.
  • $1,500,000 Settlement—Product Liability/Eye Injections; represented plaintiffs who were injured by contaminated eye injections.
  • $1,250,000 Settlement—Lower Leg Amputation; represented a 73-year-old truck driver who suffered a below-the-knee amputation after he was run over by a fork lift at a delivery site.
  • $1,250,000 Settlement—Car Crash/Wrongful Death; young woman was killed in a head-on crash.
  • $1,000,000 Settlement—Trucking Crash; two woman were injured as a result of a trucking collision on I-80.
  • $1,000,000 Settlement—Motorcycle Crash; motorcycle repair shop negligently repaired the motorcycle, resulting in a deadly crash a week after the repair.
  • $750,000 Settlement—Product Liability/Defective Hip; represented a woman who had to undergo a revision surgery and who suffers from permanent pain and disability after receiving a defective hip implant.
  • $725,000 Settlement—Medical Malpractice/Wrongful Death; represented the family of a 72-year-old woman who died in the hospital after an 11-hour delay in diagnosing and treating a paraesophogeal hernia.
  • $675,000 Settlement—Medical Malpractice; man with was severely injured when he was prescribed the wrong dose of his medication.
  • $500,000 Settlement—Brain Injury/Car Crash; disputed liability case in which a woman suffered a traumatic brain injury in a low speed collision.
  • $500,000 Settlement—Assisted Living Facility Malpractice/Wrongful Death; represented the family of an 82-year-old woman with dementia who died after falling out of an unsecured window on the third floor of an assisted living facility.
  • $475,000 Settlement—Medical Malpractice; doctor failed to prescribe correct antibiotics, resulting in an infection in the heart requiring heart valve replacement.
  • $400,000 Settlement—Medical Malpractice/Wrongful Death; man died of cardiac arrest after being left unattended in front of an MRI machine.
  • $300,000 Settlement—Product Liability/Vaping Device; man injured after vaping device exploded in his face.
  • $290,000 Settlement—Car Crash; obtained a settlement in excess of the policy limits in a disputed liability case in which our client suffered a concussion and two herniated discs in her neck, but had not undergone surgery yet.
  • $250,000 Settlement—Product Liability/Defective Hip; one-off defective hip case involving a prosthetic hip that broke inside of a patient, requiring a revision surgery.
  • $358 Million Settlement—In re: Benicar (Olmesartan) Products Liability Litigation (MDL 2606); represented clients who suffered gastrointestinal damage from a blood pressure medication. Dustin served on the Daubert Briefing Committee for the Plaintiffs’ Executive Committee.
  • $4.29 Million Settlement—Re Propecia (Finasteride) Product Liability Litigation (MDL 2331); represented clients who suffered alterations to their hormone system and damage to the histoarchitecture of the penile tissue after taking a drug for hair loss. Dustin served on the Science Committee for the Plaintiffs’ Steering Committee.
  • $26 Billion Settlement—MDL 2804; In re: National Prescription Opiate Litigation; representing cities and counties against the manufacturers, distributers, and dispensers (i.e., pharmacies) of prescription opioids, which caused the opioid epidemic. Dustin serves on the law and briefing committee for the Plaintiff’s Executive Committee.
  • Anti-Terrorism Litigation; 1:17-cv-08709, O’Sullivan, et al. v. Deutsche Bank AG, et al. (S.D.N.Y); 1:17-cv-00915, Holladay, et al. v. The Islamic Republic of Iran (D.D.C.); currently representing U.S. soldiers and Gold Star families in lawsuits against some of the largest and most powerful banks in the world. Dustin serves on the Law and Briefing Committee and Discovery Committee. The lawsuits seek to hold the banks accountable under the Anti-Terrorism Act and the Justice Against Sponsors of Terrorism Act for providing hundreds of billions of dollars to Iran and its de facto terrorism arm, Hezbollah.

Publications

Outside the Courtroom

Dustin and his wife, Dana, have been married since 2011. They moved to Ohio in 2015 so they could be close to Dana’s (big!) Italian family. They now live in Twinsburg, Ohio with their son, Dylan, and daughter, Ava.

Dustin was born and raised in Florida and loves doing anything on the water. He especially enjoys fishing, spearfishing, scuba diving, and wakeboarding. He also loves snowboarding and tries to make 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."

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 Gaurdians 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.”

    They were prompt and clear in their communication

    - Jerry B.

    I was having a hard time finding someone to represent me. I was frustrated. But after SS&L took my case, I was treated VERY well! Ericka Campbell is a rockstar! She was phenomenal at communicating with me. Spangenberg Shibley & Liber are the utmost

    - William R.

    SS&L treated me well and I felt supported.

    - Brian R.

    Our Family will be Forever Grateful!

    - Tim S.

    Attorney Tor and the whole team at Spangenberg Shibley & Liber, including the receptionist, made me feel welcome, comforted, and confident throughout my case. They showed me respect and kindness from start to finish.

    - Zandra S.
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