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.
Prior to joining the firm as an associate, Attorney Novotny worked at Lubin & Meyer for over five years as a medical reviewer and litigation assistant.
Attorney Novotny has been selected as a Massachusetts Super Lawyer Rising Star, from 2009-2013 in Boston Magazine. He obtained 2010’s first multi-million dollar medical malpractice verdict—$2.06 million with interest for a wrongful death trial involving a bowel obstruction.
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.