Tobias (“Toby”) J. Hirshman is of counsel at McCarthy Lebit. He has thirty-five years of experience practicing in state and federal courts. Mr. Hirshman focuses on the representation of Plaintiffs in catastrophic personal injury, medical malpractice, nursing home and wrongful death matters. Over the years, Mr. Hirshman has obtained numerous six and seven figure recoveries on behalf of the clients he has represented. He also represents plaintiffs in false claims act litigation.
Before joining McCarthy Lebit, Mr. Hirshman was a partner in another firm where he primarily practiced medical malpractice litigation from 1996 through 2012. Prior to that he was a partner at another firm where his practice focused on the defense of physicians in medical malpractice litigation in the state of Ohio. Before his career as a medical malpractice defense attorney, Mr. Hirshman practiced law with the Appalachian Research & Defense Fund in West Virginia where he was involved in public interest litigation in the areas of public utilities regulation, environmental law, civil rights, and prisoners’ rights.
Mr. Hirshman is the former head of the Ohio Association for Justice Medical Malpractice Section and is a former member of the Board of Directors of that organization. He has also served as a Board Member of the Cleveland Academy of Trial Attorneys.
West v. National Mines Corporation, 285 S.E. 2d 670 (W.Va. 1981). Successful appeal to the West Virginia Supreme Court of Appeals in an action challenging the generation of air pollution by various coal companies.
Dawson v. Kendrick, 527 F. Supp. 1252 (S.D.W.Va. 1981). Class Action under 42 U.S.C.§1983, challenging the conditions of confinement in the Mercer County, West Virginia jail.
Medley v. Ginsberg, 492 F. Supp. 1294 (1980). Class Action under 42 U.S.C. 1983, challenging the conditions in mental hospitals in the state of West Virginia.
Devon v. Miller, 280 S.E. 2d 108 (WVa. 1981), cert. denied 102 U.S. 1622. Litigation regarding the oil and gas industry and its regulation (Amicus Brief).
Tug Valley Recovery Center v. Watt, 2 The 95-87 Reporter 127 (US Dist. Ct. S.D.W.Va. 1982). One of multiple suits, administrative proceedings and negotiations regarding the coal industry and its regulation under the Federal Surface Mining Control and Reclamation Act.
Skeen v. Appalachian POwer Company, Para. 23, 442 Util. L. Rep. (1981). Quasi-judicial proceeding before the West Virginia Public Service Commission regarding the spraying of herbicides on transmission line rights of way.
Padney v. Metro Health Medical Center, 145 Ohio App.3d 759 (8th Dist. 2001). Employer intentional tort case involving the transmission of multi-drug resistant tuberculosis in the work place.
Council of Senior West Virginians v. Costle, 3rd Cir. Nos. 79-1025 and 79-1026, cert. denied 50 USLW 3916 (1982). Major air pollution litigation against the EPA and various electric utilities regarding issues of interstate air pollution.
Over the past 35 years, Mr. Hirshman has been involved in medical malpractice litigation, representing both plaintiffs and defendants. For the last 24 years, he has focused on the representation of plaintiffs. He has obtained numerous six and seven figure recoveries over that period of time.