Kenneth M. Levine is a graduate of the Boston Latin School, Boston College and New England Law-Boston. Following graduation from law school, Kenneth M. Levine began his career as a law clerk for a judge in Phoenix, Arizona, before spending several years as an attorney at various law firms, both in Phoenix and in Boston, Massachusetts. Mr. Levine eventually joined the Boston firm of Kendrick and Gormley where he represented the Harvard Medical School affiliated hospitals in medical malpractice cases. At that firm Mr. Levine established a particular expertise in birth injury medical malpractice cases. In 1990, he left the firm and established his own practice, Kenneth M. Levine and Associates, LLC, in Brookline, Massachusetts. Mr. Levine’s practice changed from the defense of medical malpractice cases to representing the victims of medical negligence. Mr. Levine is the nations leading expert in the area of obstetrical brachial plexus birth injuries and has achieved several of the largest jury verdicts and settlements in the country. The law firm excelled in the litigation of all expert-based cases, such as complex medical malpractice and product liability. Mr. Levine also litigated civil rights matters.
Legal consultant and screenwriter for films, movies, and television. Relying on the experience of 42 years as a nationally known trial lawyer to advise studios, writers, directors and producers about courtroom scenes, dialogue, subject matter, and trial procedure. Also, screenwriting for films, movies and television writing dialogue for courtroom and legal scenes.
Working on set with the actors, producers, writers, and directors to provide direction and advice for courtroom and legal related scenes.
Most recently acted as a legal consultant and screenwriter with acclaimed writer Kata Weber, Cannes Film Festival award winning Director Kornél Mundruczó and Academy Award winning Director/Producer Martin Scorsese on the film Pieces of a Woman. Worked directly with writers, directors, and producers on the set to assist the director and actors in the filming of courtroom and legal scenes. Present on the movie set for the filming of the courtroom scenes working with Academy Award nominated actress Victoria Kirby, Academy Award winner Ellen Burstyn and Emmy Award Winner Molly Parker as well as the other actors.
Assist litigation counsel in uncovering the factors that motivate jurors’ decision-making, create, and test persuasion strategies, and ultimately provide the strategies that will influence the jurors.
Simulated in-person or online trial presentations that assess which arguments are persuasive by uncovering jurors’ decision-making processes
Test case themes and theories to uncover potential biases, strengths, and vulnerabilities of a case. Identify the concepts and themes that resonate most, providing strategic recommendations for crafting the most persuasive story.
Conduct Mock Trials and Focus Groups to allow presentation of a case, including the opposition case, to jury-eligible individuals representative to gain a detailed, behind-the-scenes understanding of how the case will be viewed at trial. Also, to test specific issues, themes, arguments, and witnesses.
Founder, Managing Attorney
1990 – 2021
Boutique law firm specializing in the litigation and trial of complex medical malpractice, product liability, civil rights, and other expert-based cases. Nationally recognized in birth injury medical malpractice cases as well as trial preparation and practice. Lead trial counsel in more than 250 major jury trials in 35 states. Kenneth M. Levine and Associates developed a specialty and national reputation in the litigation of birth injury cases, in particular cases concerning infants who suffered brain damage at birth and erbs palsy/brachial plexus injuries. Ken Levine was the most recognized and successful attorney in the country for erbs palsy/brachial plexus injury cases.
Litigated numerous multi-million-dollar complex medical malpractice, product liability and other cases from inception through settlement or trial.
Prepared and established litigation strategy. Retained and prepared all experts (medical, legal, business) and witnesses for deposition and trial testimony. Conducted depositions, motions, and hearings. Drafted, edited, and analyzed memorandum, motions, briefs, disclosures, and other documents. Argued motions and attend hearings. Reviewed hospital regulations, and risk management documents. Researched and reviewed medical and other literature. Managed law firm’s nurses to review medical records and literature to determine selection of medical malpractice cases.
Engaged with leaders and experts in the fields of medicine, science, technology, business, and education on a regular basis.
Represented clients at the Superior Court, Court of Appeals and Supreme Judicial Court for the Commonwealth of Massachusetts. Also, in the Superior Court of more than 35 states across the Country. Argued before the Supreme Court of the States of Wisconsin, Florida, Kansas, and Georgia as well as the United States Court of Appeals for the First, Second, Fifth, Seventh, Eighth and Ninth Circuits.
Managing attorney for the firm. Responsible for business development and of all aspects of conducting the firm. Direct all financial aspects of the firm including payroll, budgets, and case expenses.
Responsible to lead and direct a staff of attorneys, paralegals, nurses, and legal assistants. Planned strategically for the firm’s growth, establish marketing plans, developed budgets, generated business, managed the firm’s website and social media, ensured that the firm was organized and effective and do all things necessary to conduct a successful multi-million-dollar business.
Managed all aspects of human resources including recruitment of attorneys, nurses, and staff, establish policies, maintain employee and corporate records, and arrange for payroll processing and employee benefits.
1988 – 1990
Senior trial attorney for 65-person law firm. Represented clients as lead trial counsel in medical malpractice, general liability, commercial and related litigation. Prepared and established litigation strategy. Retained and prepared all experts and witnesses for deposition and trial testimony. Conducted depositions, motions, and hearings in litigation matters. Drafted memorandum, motions, briefs, disclosures, and other documents. Argued motions and attended hearings.
Managed firm’s 30-person litigation department. Reviewed strategy and process of cases with litigation lawyers. Reviewed pending cases, reported to principal partners concerning the status and direction of litigation cases.
1985 – 1988
Trial attorney for law firm defending medical malpractice cases. Defended medical cases for the Controlled Risk Insurance Company (representing Harvard Medical School teaching hospitals, including Massachusetts General Hospital, Beth Israel Hospital, Brigham and Women’s Hospital and Mt. Auburn Hospital). Defended medical malpractice cases for JUA/Pro Mutual (representing doctors and hospitals). Trial counsel on more than 40 medical malpractice cases. Drafted, reviewed, edited, and analyzed memorandum, motions, briefs, disclosures, and other documents. Prepared case reports and coordinated efforts with insurance companies to discuss case status, litigation strategy and claims settlement.
1983 – 1985
Litigation attorney for law firm specializing in litigation and trial of complex medical malpractice, product liability and general liability cases. Second chair trial counsel for jury trials. Attended depositions. Drafted, reviewed, edited, and analyzed memorandum, motions, briefs, disclosures, and other documents Prepared and responded to document requests. Argued motions and attended hearings.
Law Clerk – Maricopa County Superior Court, Phoenix, Arizona
1981 – 1983
Law clerk to the presiding/chief justice for the superior court in Arizona’s most populated County. Reviewed legal briefs, memorandum and other legal documents submitted to the Court. Conducted legal research and prepared memorandum concerning various legal issues. Attended trials and hearings.
New England Law, Boston, MA Juris Doctorate (1981)
Boston College, Boston, MA Bachelor of Arts (1978)
Boston Latin School, Boston, MA (1974) Awarded National Merit Scholarship
Speaker, “Life in the Trenches: a talk with a real-life tort lawyer,” Harvard Law School, October 2016
Faculty Member, MCLE’s Winning Your Case Before Trial, January 2011
Panelist at the Massachusetts Academy of Trial Attorneys (MATA) Trial Success Stories Program, November 2010
American Association for Justice, Washington DC (2015, 2017, 2019) Principal Faculty: Litigation of Obstetrical Brachial Plexus cases
American Association for Justice (2017) Winter Convention, Austin, Texas
Topics covered: Unpredictable Obstetrical Emergency, Maternal Forces of Labor, Risk Factors for Shoulder Dystocia, selection of medical experts, pretrial and trial motions, trial strategy, medical research, state of the current medicine, and examination/cross examination of witnesses and experts
American Academy of Emergency Medicine (1996) Annual Meeting, Orlando, Florida
Topic of Presentation:
How Race, Income and Education affect the quality of care in the Emergency Department. Medical Malpractice/ Traps for the Unwary in the Emergency Department.
Clinical Trends in Pharmacy Practice Volume 7, No. 3 (2003)
Pharmacy Law: Malpractice Issues
Shoulder Dystocia is an Obstetrical Emergency, or is it? It’s time to revisit how we define it. Birth Trauma Litigation Winter Journal
American Association for Justice
Arkansas, Alabama, Florida, Kansas, New Hampshire, Maryland, New York, Illinois, Wisconsin, Texas, Georgia, South Carolina, North Carolina, Oregon, Oklahoma, Idaho, California, Minnesota, Michigan, Ohio, Virginia, Washington State, Washington, D.C., Tennessee, Missouri, Kentucky, Maine, Nebraska
Litigation and trial consultant for birth injury medical malpractice cases in England, Ireland, Australia, and Turkey
Mr. Levine represented families of New York fire and police who perished at the World Trade Center on September 11th before the Victims Compensation Fund on a pro bono basis.
Mr. Levine worked on the film with executive producer Martin Scorsese and award winner writer Kata Weber and director Kornel Mundruczo as a legal consultant and contributing screen writer.