Nancy Hersh, Partner

Nancy has shared the practice with her father LeRoy for over 30 years. Throughout her career, she has been a passionate advocate for using the law to address women's healthcare issues and other areas of social justice. Her experiences as one of the first woman personal injury lawyers has given her the combination of tenaciousness, determination, and empathy for her clients needed to tackle a series of groundbreaking cases including DES Litigation and the first breast implant case to establish the connection between silicone and physical injuries.

• Expert in women's healthcare issues, including areas of medical malpractice involving women, such as obstetrical malpractice; and drugs and medical devices intended primarily for women like IUDs, DES, breast implants, diet drugs, and other such products.

• Developed DES Litigation, successfully fighting the big drug companies like Eli Lilly and Abbot Drugs on behalf of children whose mothers took DES during pregnancy.  Nancy first started looking into this drug (given to prevent miscarriage) after meeting with a young woman who dropped into the office. After investigating the woman's history, Nancy found medical literature that showed that DES caused problems in the reproductive systems of children exposed to the drug in utero.

• Tried first breast implant case to establish the connection between silicone and physical injuries, and showing that breast implants frequently ruptured spontaneously, spreading silicone throughout women's bodies. Fighting companies like Dow Corning and Bristol Meyers Squibb, Hersh & Hersh went on to successfully represent many people against these medical and industrial giants.

• First woman President, San Francisco Trial Lawyers (1979).

• One of the first women admitted into the American Board of Trial Advocates, which only admits lawyers of substantial experience and good moral character.

• Law Professor, Hastings College of the Law for 16 years, teaching Personal Injury Litigation.

• Featured on the cover of California Lawyer, a nationally sold publication, with a story about Nancy's advocacy in the area of women's issues.

• Admitted to practice before all Courts of the State of California and U.S. District Court.

Education

• Juris doctorate from Boalt Hall School of Law, University of California, Berkeley (1970)
   
• Bachelor of Arts from University of California, Berkeley. (1967)
  Major: Anthropology, Graduated Phi Beta Kappa

• Attended public schools in San Francisco, from Lawton and Parkside Grammar Schools to Hoover Junior High School, to Lincoln High School.

Personal Statement

A native San Franciscan, I am dedicated to using the law to achieve justice.
I was born in San Francisco in 1945 to Belle and LeRoy Hersh, and was raised in the Sunset District. Seeing my father's love for the practice of law, I decided at the age of twelve that I wanted to be a lawyer. My father's love of his clients and his ability to do justice and achieve social change through his profession was an inspiration to me. We have now shared the practice, cases, trials, ideas, and our work lives for over thirty years. It has never been dull.

My father taught me compassion in the practice of law, respect for the individual, promotion of justice, and belief in individuals' rights and the jury system. I learned the art of cross-examination and trial from him. He has learned a little from me, as well – the art of jury selection, how to give an eleven-hour closing argument, and the art of ongoing damages.

I am a strong advocate for women's healthcare issues

I have been interested in women's healthcare issues since I began to practice. At that time – and unfortunately even now – the healthcare system and the drug companies treated women differently than men.

This interest has led me to develop expertise in the areas of medical malpractice involving women, such as obstetrical malpractice, and in the area of drugs and medical devices designed especially for women such as IUDs, DES (the drug given to pregnant women to prevent miscarriage), breast implants, diet drugs, and other such products.

My experiences as one of the first woman personal injury trial lawyers have made me a tougher, better lawyer with more empathy toward those who have suffered any kind of prejudice. 
My law school class had a total of 220 students but only 20 women, the largest class of women it had ever had. At the time I attended law school and started to practice, there were many law professors, judges, and lawyers who did not think that women could, or should, practice law.

There were some professors who told me that I was unfairly depriving some worthy young man of a place in the school and that I would practice for a year, get married, have children and quit. They were wrong about the quitting part – here I am thirty years later!

There were judges who asked me to get coffee for them and the other trial lawyers during trial. There was the judge who told me women should try only divorce cases just as I was about to begin a medical malpractice trial. There were male lawyers who came unglued when confronted by vigorous advocacy by a woman lawyer. And so on. Fortunately, these experiences have dissipated with time, personal success and recognition, and with the entry of many more women into the profession.

Women make very effective trial lawyers, bringing many special qualities that make them great advocates for individual plaintiffs. One of my highest verdicts came when I gave my closing argument nine months pregnant! I am happy and proud to be a woman and a trial lawyer.

Most of all, I love the practice of law, I love a good trial, and I believe in our system of justice.

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