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Brian E. Bergin

Associate | bbergin@smsm.com
Associate | New York, NY
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Brian E. Bergin is an associate trial attorney in the firm's New York office. He focuses his practice on general litigation matters, including those involving alleged labor law violations, construction defects, and general negligence. Mr. Bergin also serves the firm’s Construction Law Group in that capacity. A portion of Mr. Bergin’s practice is further dedicated to defending products liability claims involving automobiles, medical devices, medical instruments and breaches of warranty. Mr. Bergin also has substantial experience in complex commercial litigation, insurance litigation and in defending medical malpractice actions. Prior to joining Segal McCambridge, Mr. Bergin represented medical care providers at a Manhattan-based litigation firm.

Mr. Bergin earned his Juris Doctor from St. John's University School of Law, where he earned the Dean's List Graduation Award, a Merit Scholarship, and the Families of Freedom World Trade Center Memorial Scholarship. During law school, he served as Articles and Notes Editor of the American Bankruptcy Institute Law Review, co-founded the Irish-American Law Students Association, and was a member of the Labor and Employment Law Society. Mr. Bergin also holds a Bachelor's Degree in Philosophy, Politics, and Law from Binghamton University, where he earned Dean's List Honors.

In his spare time, Mr. Bergin enjoys golf, baseball and home remodeling.

Honors

  • Dean’s List Graduation Award
  • Families of Freedom World Trade Center Memorial Scholarship Recipient
  • Merit Scholarship Recipient

Professional & Civic Involvement

  • New York State Bar Association

REPRESENTATIVE MATTERS

Second chair during a seven-week jury Labor Law trial involving a thirty-year old Union Ironworker who allegedly sustained career-ending injuries following a twenty-five foot fall at the World Trade Center. Was responsible for coordinating defense on Plaintiff’s economic claims and examination of Plaintiff’s expert. Jury returned a verdict of less than half of what Plaintiff requested in future lost wages and declined to provide an award for future pain & suffering.

Second chair during a three-week damages only Labor Law trial that settled favorably just prior to deliberations.

Successfully defeated summary judgment motion in Staten Island Labor Law action leading to favorable settlement in case involving alleged injuries sustained during Hurricane Sandy rebuild.

Defeated summary judgment motion in New York County Labor Law case involving an alleged fall sustained by a Union worker at the World Trade Center.

Authored and argued numerous Appellate briefs and motions in the Appellate Divisions, First and Second Department, and the Court of Appeals.

Obtained discontinuance of all claims against pediatrician in high exposure medical malpractice case based on an alleged failure to diagnose cardiac and pulmonary issues.

Member of trial team in case involving alleged failure by two Staten Island neurologists to timely diagnose stroke and provide clot-busting agent tPA.

Supporting trial attorney in Westchester case where jury rendered defense verdict after plaintiff alleged long-term steroidal treatment caused avascular necrosis to develop.

Obtained summary judgment in Bronx case on behalf of primary care physician who allegedly failed to diagnose and treat nursing home patient’s decubitus ulcers resulting in sepsis.

Obtained summary judgment in Westchester matter for internist in nursing home negligence case where the plaintiff alleged that a failure to prescribe psychological medications resulted in a fall.

Obtained dismissal in Queens case on behalf of defendant hospital in a wrongful death matter involving an alleged failure to appreciate and treat fatal cardiac issues in elderly patient with significant co-morbidities.

Defeated motion to restore and reinstate all claims in Kings on behalf of orthopedic surgeon whose operation allegedly caused complex regional pain syndrome.

PUBLISHED APPELLATE OPINIONS

Lind v. Tishman Constr. Corp. of N.Y., 180 A.D.3rd 505 (N.Y.A.D. 1st Dept. 2020).

Whitnum v. Plastic & Reconstructive Surgery, P.C., 142 A.D.3rd 495 (N.Y.A.D. 2nd Dept. 2016).

Third Circuit Holds Post-Petition Pension Fund Withdrawal Liability is Entitled to Administrative Expense Priority, 4 St. John’s Bankr. Research Libr. No. 6 (2012).

Education

St. John's University School of Law, J.D., 2013

Binghamton University, B.A., Philosophy, Politics, and Law, 2010

Admissions

  • New York, 2013
  • U.S. District Court for the Southern District of New York, 2017
  • U.S. District Court for the Eastern District of New York, 2017