Firm Profiles:

Clyde Bergstresser:

Clyde Bergstresser is a shareholder of Campbell Campbell Edwards & Conroy, a nationally recognized firm of trial lawyers with offices in Boston, Philadelphia and other cities in New England and New Jersey. He is a fellow of the American College of Trial Lawyers. After graduating magna cum laude from Newark Institute of Technology, Mr. Bergstresser earned his law degree from Boston College Law School. He is admitted to practice in all courts of Massachusetts.

Mr. Bergstresser's practice focuses on major plaintiffs personal injury litigation, including medical malpractice, legal malpractice, psychiatric malpractice and other professional liability. An experienced trial lawyer, he served as trial and appellate counsel in Glicklich v. Spievack, 16 Mass.App.Ct. 488 (1983), the first reported decision in Massachusetts addressing the issue of causation in a case involving "delayed diagnosis" of cancer.

Mr. Bergstresser periodically lectures for Massachusetts Continuing Legal Education (MCLE), Massachusetts Bar Association, Massachusetts Association of Trial Attorneys, Harvard Risk Management, Massachusetts Psychiatric Association, Massachusetts Psychological Association, Harvard Continuing Medical Education, Boston University Law School, and Boston College Law School, among others. He continues to be invited to speak in training sessions for medical and psychiatric staff at New England Medical Center, McLean Hospital and Massachusetts General Hospital, among others.

Curriculum Vitae

Professional:

Shareholder. Trial counsel, Campbell Campbell Edwards & Conroy, 33 attorney firm concentrating in trial practice throughout the Northeast United States. Mr. Bergstresser's practice focuses on the handling of complex medical and professional malpractice and negligence matters.

Previous Associations:

1974-1975   Associate: Frank, Kowal & Shubow
  Boston, Massachusetts
1975-1980   Partner: Shubow, Stahlin & Bergstresser
  Boston, Massachusetts
1980-1994   Member and Officer: Stahlin & Bergstresser, P.C.
  Boston, Massachusetts
1994-2001   Senior Member: Bergstresser and Associates, P.C.
  Boston, Massachusetts

Education:

1971   B.S., magna cum laude, Newark Institute of Technology
1974   J.D., Boston College Law School

Bar Admissions:

1974   Massachusetts and U.S. District Court, District of Massachusetts

Professional Organizations:

Publications:

Description of Professional Practice:

  1. Focus of practice has been on major plaintiffs personal injury litigation, including medical malpractice, legal malpractice, other professional liability, psychiatric malpractice, premise liability, workplace liability, injury from toxic mold and lead poisoning among other causes of personal injury and death.


  2. Trial and appellate counsel in Glicklich v. Spievack, 16 Mass.App.Ct. 488 (1983); the first reported decision in Massachusetts addressing the issue of causation in a case involving "delayed diagnosis" of cancer.


  3. Trial counsel in Rogers v. Okin, et.al., U.S. Federal District Court, D. Mass., C.A. 1608T: This case involved the first major class action on behalf of mental patients in a state facility alleging the constitutional right to refuse invasive drug treatment and the use of locked seclusion in non-emergencies. After a 74 day trial, the district court found for the plaintiffs on the underlying constitutional rights and issued a permanent injunction to enforce their newly created rights. The Commonwealth appealed the case to the First Circuit, where the decision was essentially affirmed. The U.S. Supreme Court accepted certiorari and later remanded to the First Circuit. The case was then referred to the Supreme Judicial Court for consideration of effects of state law on the issues presented. All of plaintiffs' claimed rights were upheld on the basis of state law. Thereafter the First Circuit also found federal constitutional "liberty" interests to support the underlying claims. "Rogers" hearings are now routinely held in all Probate and District Courts before administering anti-psychotic medication to institutionalized patients.


  4. Periodic guest lecturer for Massachusetts Continuing Legal Education (MCLE), Massachusetts Bar Association, Massachusetts Association of Trial Attorneys, Harvard Risk Management, Harvard Continuing Medical Education; Boston University Law School, Boston College Law School, among others.


  5. Invited Guest Speaker in training sessions for medical and psychiatric staff at New England Medical Center,(1998), McLean Hospital, 1985 - 1993 and Massachusetts General Hospital, 1994,1998-present, among others.


  6. Participant in filming of the "Model Commitment Hearing" sponsored by MHLAC in the role of the patient's attorney. This film is to be used and has been used in training sessions for lawyers, law students and other professionals (1977).


  7. Hearing Officer (Administrative Law Judge), under contract with the Department of Public Health (March 1979 - 1987).


  8. Assisting counsel to William Homans, Esq., listed second on the principal brief of the defendant in Commonwealth v. Robert O'Neal, ultimately resulting in the decision finding capital punishment in violation of the Constitution of the Commonwealth of Massachusetts: (1975) 367 Mass. 440 369 Mass. 242.

Reported Cases:

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Campbell, Campbell, Edwards & Conroy:

Litigation Practice
A substantial part of our work involves the handling of complex civil litigation including major product liability, aviation, commercial and environmental actions brought against clients. A significant portion of the firm's time is spent litigating a wide variety of claims in the areas of personal injury, professional liability, premises liability, construction litigation, fidelity & surety, property damage, workers compensation, and breach of warranty.

In an effort to reduce clients' exposure to lawsuits and manage risk, the firm has advised and consulted on a wide variety of legal and risk management topics ranging from fraternity and sorority liability programs to teaching foreign nationals American product liability law.

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The firm actively defends state-of-the-art issues in product liability litigation such as consumer warnings and instructions, epidemiology, toxicology, kinematics and injury mechanisms, stability of four wheel drive vehicles, and rollover protection in industrial equipment. The firm presently acts as regional trial counsel in the northeast for five major institutional clients in cases involving passenger vehicles, premises liability and materials handling equipment.

The firm's aviation practice group regularly handles cases involving negligence, product liability, employment and contract claims which have been brought against clients.

Advanced Motions and Appellate Practice
To meet the needs of our clients in this specialized area, a group of the Firm's attorneys have devoted significant time to appellate advocacy. Our expertise includes a comprehensive understanding of the procedural and jurisdictional nuances of appellate practice, meticulous research and analysis of the legal questions involved, as well as the nuts and bolts of meeting the diverse requirements of the various courts in which we practice.

Whether the task at hand is to preserve a favorable result or overturn an adverse one, we have the skill and experience to provide counsel on the prospects of a successful appeal. And by using a variety of innovative techniques - including graphics and other leading-edge technologies - we are able to maximize those prospects by presenting arguments in a persuasive and creative manner. Our appellate practice involves us in various capacities on appeal, representing clients in cases handled by other Firm lawyers at trial, as special appellate counsel in cases handled by other firms at trial, and as amicus curiae in matters in which our clients have an interest in a developing area of the law.

Commercial Litigation Practice
Our commercial litigation practice covers a wide variety of Subject matters including employment actions, sexual harassment, wrongful termination, corporate and partnership disputes, collection matters, loan workouts, debt restructuring, domestic and international contract actions, intellectual property, unfair competition and defamation and shareholder actions.

Our attorneys represent institutions and individuals in actions involving reorganizations and workouts in secured and unsecured debt situations, restructuring, collection actions, asset investigation and location, breach of trust, lender liability, breach of fiduciary obligations, valuations of closely held corporations, RICO, representation of sureties and guarantors, enforcement and validity of security interests, equity litigation to reach and apply assets, evictions, lender environmental exposure, as well as in defense of other claims. We represent creditors in all state and federal trial courts including the Land Court, Probate Court and Bankruptcy Court, as well as all appellate courts.

Environmental
A fair amount of the firm's time is spent defending a wide variety of claims in the areas of toxic torts and environmental litigation. Claims handled range from representing manufacturers of hazardous chemicals and toxic solvents, owners and operators of properties alleged to be contaminated, lenders having secured interests in property alleged to be contaminated, distributors of food products claimed to be tainted, property owners in lead exposure and carbon monoxide exposure cases, individual and institutions in social host and alcohol intoxication cases, to insurance companies in coverage disputes. The cases involve claims brought under both state and federal environmental statutes, as well as in tort.

Professional Malpractice and Negligence
The Firm's professional malpractice and negligence practice group focuses on handling medical, legal and professional malpractice claims on behalf of clients. We represent numerous clients who have been injured, many catastrophically, and family members of those who have died as a result of professional negligence. Cases involving failure and delayed diagnosis of medical conditions including breast and other cancers, surgical errors, improper treatment, obstetric negligence, neurologic damage, paralysis, radiologic errors, orthopedics, improper administration of medication and unnecessary surgery are dealt with regularly.

For more information regarding Campbell, Campbell, Edwards & Conroy, please feel free to browse our main web site www.campbell-trial-lawyers.com.  

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