Michael Flomenhaft is a graduate of Boston University School of Law and the Trial Lawyers College. The vast majority of his practice involves trying cases for victims of traumatic brain injury (TBI) and severe chronic pain. He has tried traumatic brain injury and chronic pain cases throughout the United States. His chronic pain cases frequently involve Complex Regional Pain Syndrome (CRPS)/Reflex Sympathetic Dystrophy (RSD) or other traumatically caused changes in the nervous system producing agonizing, unrelenting pain and potentially adverse brain consequences.
He is renowned for his vast knowledge of neurosciences encompassing neuroimaging, neuropsychology, neurobiology and the neuroanatomy of brain trauma and chronic pain and trial skills related to these subjects. He is also distinguished for his knowledge in spinal neurology, the psychologically fragmenting consequences of trauma including Post Traumatic Stress Syndrome (PTSD), and the evidentiary challenges entailed in the courtroom presentation of these claims.
Many of Mr. Flomenhaft’s major awards have been for clients whose brain injury was either unrecognized or initially medically minimized. These awards include cases in which there has often been no loss of consciousness, no emergency room diagnosis of brain injury, and no prior imaging proof that brain trauma has occurred. In addition to having tried brain injury and chronic pain cases throughout the United States, he is frequently retained by New York attorneys to take over trial of their brain injury or severe chronic pain cases already in progress.
Mr. Flomenhaft has won landmark evidentiary rulings from New York state courts establishing the scientific validity of Diffusion Tensor Imaging (DTI), which shows white matter/axonal brain damage not infrequently seen in victims of motor vehicle whiplash and construction accidents, Quantitative Electroencephalography (qEEG), which can profiles deterioration in the brain’s electrical activity following traumatic brain injury, and Functional Magnetic Resonance Imaging (fMRI), showing brain changes demonstrating severe pain. Additionally, he is the first New York lawyer to put into evidence: diffusion tensor imaging, quantitative MRI analysis showing brain atrophy, electrical evidence of sleep disturbance as a consequence of traumatic brain injury, and fMRI to objectively demonstrate severe chronic pain by showing associated brain activation.
From 2008-2009 Mr. Flomenhaft served as a Neurolaw advisor to the Program for Imaging and Cognitive Sciences at Columbia University (PICS) (See New York Law Journal announcement dated November 17, 2008). In 2009, he presided over Grand Rounds to the radiology residents at Columbia University College of Physicians and Surgeons lecturing on advanced brain imaging used in litigation. In 2011, Mr. Flomenhaft was a featured lecturer on proving severe pain by brain imaging at the 2011 Second Circuit Judicial Conference: The Legal Brain-Space: NEUROSCIENCE & THE LAW. At this conference, he presented a paper entitled: The Emerging Imaging Science of Chronic Pain Objectifying the Subjective. In 2013, he delivered two lectures at Fordham Law School in the school’s seminar: Neuroscience and Law. In 2014, he chaired and was a lead speaker of the landmark conference: Neuroscience in the Courtroom at Fordham Law School. About the Conference In 2015, he joined the Board of Advisors of the newly formed Neuroscience and Law Center at Fordham Law School.
United States District Court: Southern District of New York
United States District Court: Eastern District of New York
United States Court of Appeals for the Second Circuit
American Association for Justice
New York State Trial Lawyers Association
New York State Academy of Trial Lawyers
Board of Advisors, Fordham Law School, Neuroscience and Law Center
Society for Neuroscience
North American Brain Injury Society
International Neuroethics Society
The Social and Affective Neuroscience Society