Benjamin R. Novotny
Benjamin R. Novotny is a partner at Lubin & Meyer. He garnered nationwide attention as lead counsel in the McCollins v. JRC case, a medical malpractice lawsuit involving the use of electro-shock therapy on children with autism at the Judge Rotenberg Center in Canton, MA. While this case was tried to a successful conclusion, resolving in a confidential settlement during jury deliberations, the impact of the case went well beyond the courtroom.
During the trial, Attorney Novotny successfully fought to have the dramatic videotape depicting the controversial use of electro-shocks released to the public. This was the first time in the JRC’s 41-year history that such a videotape had been released. The story quickly spread across the United States and overseas. Before the end of the trial, petitions to end the use of electro-shock therapy had hundreds of thousands of signatures.
To date, the positive changes associated with the McCollins case have included:
- An investigation and statement by the United Nations calling electro-shock therapy torture
- The U.S. Food and Drug Administration sending a warning letter to the JRC stating that the use electro-shock therapy with autistic children violates FDA regulation
- The State of New York refusing to send children to the JRC
- New Massachusetts legislation to set standards for the use of electro-shock therapy.
Attorney Novotny has tried several multi-million verdicts including:
$40+ million verdict (with interest) - Larkin v. Johnston case of 28-year-old woman suffered a stroke hours after giving birth
$30+ million verdict (with interest) - Jury found Tufts Medical Center doctors negligent in care of newborn, leaving boy with debilitating condition.
He also brought forward the well publicized Messier v. Bridgewater State Hospital case, resulting in a $3 million settlement and sweeping changes to mental health care in the state.
Attorney Novotny has been selected as a Massachusetts Super Lawyer Rising Star, from 2009-2015 in Boston Magazine.
He manages the multimedia trial presentations and demonstrative exhibits at Lubin & Meyer, and has lectured at Massachusetts Continuing Legal Education seminars on the topic of personal injury law and technology in the courtroom.
Attorney Novotny graduated summa cum laude from the University of Nebraska-Lincoln (B.S. Environmental Biology), cum laude from Vermont Law School (M.S.E.L.), and cum laude from Suffolk University Law School (J.D.).
Attorney Novotny is admitted to practice in the Commonwealth of Massachusetts and the State of New Hampshire, and is admitted to practice before the N.H. Supreme Court. He is a member of the American Association for Justice, the American Bar Association, and the Massachusetts Bar Association.