Overview

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.

Education

• University of Vermont
  • BA
• California Western School of Law
  • JD

Admissions

• Ohio
• West Virginia
• District of Columbia
• California

Awards

• Martindale-Hubbell rating of AV® Preeminent
• Ohio Super Lawyers® 2012-2014 & 2017

Activities

• American Association for Justice, Member
• Ohio Association for Justice, Member, Chair of the Medical Malpractice Section 2003-Present
• Cleveland Academy of Trial Attorneys and Public Justice, Member

Articles

• The Right to Setoffs After Abolition of Joint and Several Liability, CATA News 2010
• Does a Plaintiff Seeking to Challenge the Constitutionality of a Tort Reform Statute Need to Asset that Challenge in the Complaint and Serve it on the Attorney General? CATA News, Fall 2004
• Challenging the Constitutionality of Tort "Reform", Ohio Trial 2004
• Medical Malpractice Liability, CATA News 2003

Presentations

• speaker on subjects pertaining to medical malpractice litigation

Experience

Appeal in Challenge of Air Pollution by Coal Companies

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.

Challenging the Conditions in Jail

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.

Challenging the Conditions in Mental Hospitals

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.

Oil and Gas Litigation

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).

Regulation under the Federal Surface Mining Control and Reclamation Act

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.

Quasi-judicial Proceeding Regarding the Spraying of Herbicides

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.

Employer Intentional Tort Case

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.

Air Pollution Litigation Against the EPA and Electric Utilities

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.

Medical Malpractice Case

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.