As one of New York’s most respected personal injury lawyers, Jeff Korek’s nearly 40 years of experience have taught him that trends driving the future of his practice area often emerge from unexpected places. The two new legal trends that have the power to shape personal injury law are no different, Korek told Best Lawyers in a recent interview.
The rise in IVF personal injury litigation, or fertility misconduct filings, and the dramatic downturn in personal injury trials could influence the practice area in unforeseen ways, the senior trial partner and key litigator at Gersowitz, Libo, & Korek, P.C. said.
After a 2021 case in California—In re Pacific Fertility Center Litigation, U.S. District Court for the Northern District of California, No. 18-cv-01586—where a jury awarded nearly $15 million to five patients who lost eggs or embryos due to a storage tank failure, IVF personal injury cases are becoming steadily more prevalent in and around New York City, Korek said.
"We've been honored to be called upon by numerous families. Recently, there's been a lot of movement, a national discussion in fact, surrounding reproductive rights, specifically ownership over embryos and which families get access to care or fertility rights,” said Korek.
“What do you do when that embryo is misplaced or damaged? What do you do when your last chances to become pregnant are lost? That field is being discussed because of a growing group of private equity firms pigeonholing public medicine, turning it into a corporate practice dependent on seeking the bottom line financially rather than showing up for the individuals seeking care."
Recognized in Best Lawyers since 2006, the senior trial partner and key litigator at Gersowitz, Libo, & Korek, P.C. was first named "Lawyer of the Year" for Plaintiff's Personal Injury Litigation – New York City in 2016 and again for Plaintiffs Medical Malpractice Law – New York City in 2020, a testament to his exceptional legal skills and dedication to his clients.
Known for his meticulous preparation, leadership and dedication to going the extra mile for his clients, Korek’s experience and unwavering commitment have led to some of the highest verdicts and settlements in New York State history, instilling continued confidence in his clients and peers alike.
After nearly 40 years of experience in New York courtrooms, seeking justice for individuals suffering from severe, untimely accidents, Korek's legal tenacity and passion for securing justice and positive outcomes for his clients has yet to wane.
His diverse experience has given Korek a unique perspective on where personal injury litigation is headed. If current trends maintain, the field may have a constitutional crisis on its hands, he said.
“Trials have become increasingly scarcer in the personal injury practice area post-COVID-19, a right attributed to us by the Constitution, and something the courts need to reaffirm," said Korek.
In 2018, Korek's outstanding legal skills were further recognized when the Litigation Counsel of America inducted him into the Trial Lawyers Honorary Society. This prestigious honor is a testament to his excellence in the art and science of crafting structured, successful litigation.
Operating out of New York City, a central metropolitan hub for business, law and many other globally spanning industries, comes with its own set of professional challenges. According to Korek, these challenges have been exacerbated by several factors–some more recent than others.
"The proliferation of technology and our reliance on it has changed what we do on a critical level, with the COVID-19 pandemic having a major impact on that growth. Along with that, I think, unfortunately, with trials and the current trial system set up the way it is, it has become more and more difficult to get young lawyers out trying cases.”
After receiving a J.D. from Hofstra University, Korek began his legal career in 1986 as a clerk for the Law Offices of F. Lee Bailey & Aaron J. Broder. He eventually gained admittance to the New York and New Jersey State Bar Associations and the U.S. District Courts, Southern District and Eastern District of New York.
Since then, Korek worked as a senior trial attorney for numerous firms around the city before joining Gersowitz, Libo, & Korek, P.C in 1992. Korek's legal focus has always been on medical malpractice, construction accidents, and any other legal matters that may fall under the personal injury bubble.
In addition to tackling newly emerging personal injury litigation and trends, Korek, the former president of the New York State Trial Lawyers Association, has worked tirelessly to improve the state’s civil justice system and enact initiatives aimed at limiting risks for injured consumers.
"I think that this recent sensationalism of some of the verdicts truly takes away from people seeking to have their grievances heard. My overall opinion is that people have an innate right, and the courts are an amazing forum to express that right, despite all its flaws. The 'risk' for corporations to have people in their community go up against them legally, in a courtroom setting, isn't an unfair advantage by any means," stated Korek.
Lauded as a "powerful" and "influential" personal injury litigator by the New York Times, Korek was elected president of the NYSTLA in 2007, the youngest president in the nonprofit’s history.
Following his stint as president, Korek transitioned to a role as a board member of LawPAC, New York's action committee, and remains an active member.
"Our meetings are designed to support both sides, offering bipartisan support for politicians, candidates and the public,” said Korek.
“LawPAC plays a massive part in continuing to level the playing field for people without the financial means and anyone supporting those concepts. Anyone looking to push victims seeking fair litigation or trial toward arbitration has the full and unwavering support of LawPAC. Our initiatives help ease that burden."
Korek's career is a testament to his unwavering dedication to justice and his exceptional skills as a personal injury litigator.
"One key ingredient I've noticed in colleagues doing great work for families and victims is hard work. It sounds so trite, but it's true,” said Korek.
“Going into their homes, speaking to them personally, trying to understand what they are going through, and getting a real handle on what you're trying to do makes all the difference. It grants me great satisfaction to provide those going through misery, suffering and unexpected loss with a sense of closure.”
