Amy Eskin Hersh & Hersh
It was the summer of 1974, and four- teen-year-old Amy Eskin was glued to the TV, watching the Watergate hear- ings and, in particular, Barbara Jor- dan, a member of the House Judiciary Committee, holding those in power accountable. “When I saw her, I knew I wanted to be a lawyer,” says Eskin. “I wanted to give people a voice to power and protect them from the abuses of power.”
Her conviction held and she joined Hersh & Hersh, first as a paralegal in 1981 and then, after passing the bar in 1987, as an associate and finally, in 1992, as a partner. As a litigator, she’s tried many cases and settled countless others. Most of these cases involve indi- viduals who have suffered catastrophic injuries due to de- fective medical devices, products, or prescription drugs, or who were injured due to the negligence of a driver or com- pany. Her practice also includes consumer class actions, wage and hour cases, whistleblower actions, and wrongful termination. “I feel honored to represent people who have the courage and integrity to stand up against someone who has harmed them,” she says.
Her firm is well known for being the first to file a case against Wyeth, which manufactured the diet drug Fen- Phen and was marketed as an antiobesity medication. Rep- resenting dozens of plaintiffs who developed severe heart and lung diseases from the drug, Hersh & Hersh obtained more than $150 million for their clients. “Even though the drug has been taken off the market, people are still be- ing diagnosed with Fen-Phen-related injuries. We still have Fen-Phen cases,” says Eskin.
Eskin also currently represents women who have been injured by a transvaginal surgical mesh, a medical device marketed as being safe and effective for treatment of in- continence and pelvic organ prolapse. The manufacturers of these devices can bypass performing human safety test-
ing by showing that their product is “substantially similar” to one already approved and on the mar- ket. “In 2008 the Food and Drug Administration issued a public health notification about the risks and problems associated with this product,” says Eskin. “In our cases, we contend that the manu- facturer was aware of the risks and problems associated with mesh re- pair long before the FDA issued its public health notification.”
Maintaining access to justice for her clients is an ongoing challenge, she says. For example, in AT&T Mobility v. Concepcion the United States Supreme Court granted
AT&T’s request to allow it to use the fine print in con- tracts to eliminate class actions. This decision allows cor- porations to prevent consumers and employees from band- ing together to challenge companies that defraud them or discriminate against them in the workplace. Despite this decision, Eskin and Hersh & Hersh continue to represent consumers and employees.
On the other hand, says Eskin, surprisingly the U.S. Su- preme Court has recognized the societal benefit of plain- tiff ’s work. “The justices acknowledged that state tort suits uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly. Law- suits are one way to keep people aware of the dangers,” says Eskin.
With twenty-four years of experience, Eskin firmly believes in the trial by jury system. She was elected into the Ameri- can Board of Trial Advocates, which has as its mission the preservation of the civil jury trial. “Bay Area juries are still very good at seeing the truth behind negligent conduct,” she says. “They want to achieve justice for people. They are aware, more than ever, of the ways in which peoples’ rights can be ignored by corporations and employers.”
Eskin’s firm participates in BASF’s mediation program.
THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 35
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