Biography
Kenneth Gack, Esq. is widely respected for his neutrality, objectivity, and candor in claims of professional negligence, and for his sensitivity in addressing the human element in the pursuit of resolution. References from most of the acknowledged practitioners in this field throughout California, both plaintiff and defense, are available upon request.
He has mediated and arbitrated thousands of matters, with considerable emphasis on claims arising out of the provision of medical care (medical malpractice). These claims include:
Representative Matters
- Damages allegedly arising from the provision of surgical care, including general, orthopedic, neurological, reconstructive/cosmetic, vascular, urologic, and cardiac procedures. Representative examples include vascular extravasation resulting in death, neurological injuries during orthopedic fixation procedures, impotency occurring after lumbar fusion, death of a patient during surgical suite cosmetic procedure, and retained foreign objects.
- Elder abuse claims including failure to diagnose, misdiagnosis, and failure to intervene in patient care. These claims typically are for wrongful death and require a familiarity with the statutory provisions applicable to these claims.
- Failure to diagnose/delayed diagnoses by general practitioners and specialists for a wide variety of progressive conditions. Among these claims include alleged failures in sigmoidoscopy/colonoscopy visualizations; inadequate response and monitoring of blood pressure and kidney output, resulting in kidney failure and dialysis; visualization, monitoring, and treatment for retinal compromise and ocular pressures; cancer monitoring and discovery; and cardiac assessment, investigation and diagnostic claims.
- Pre-, peri-, and post-natal injuries to both the newborn and the mother, including claims of death to mother or child; quadriplegia, cerebral anoxia, or severe hypoxia, and brain stem injuries necessitating significant supervised lifelong care. These cases frequently require familiarity with the needs of the injured for lifecare planning and the availability of publicly funded programs as adjunct to those plans. Defendants have included hospitals, physicians, midwives, and nursing personnel, involving both private practitioners and public entities. I have helped parties resolve a large number of seven figure claims in this area.
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
- Honoree, Careers of Distinction Award, Sonoma County Bar Association, 2019
- Board Member, SEE International, 2014
- Recognized as a "Top Neutral," Daily Journal Top California Neutrals List, 2013
- Recognized as a ADR Northern California Super Lawyer, San Francisco Magazine, 2006-2013
- Distinguished Mediator of the Year Award, San Francisco Trial Lawyers Association, 2004
- President and Board Member, Legal Aid of Sonoma County, 2010-2012
- Member, Association of Business Trial Lawyers
- Member, San Francisco Trial Lawyers Association
- Frequently requested lecturer on ADR and civil litigation
- Member, American Healthcare Lawyers Association ADR Panel
- ADR training includes the Advanced Mediation Training Program at the Pepperdine University Institute for Dispute Resolution, the National Association of Securities Dealers and California State Bar ADR Roundtables
- "Gack's Got the Knack for Settlement," ADR Profile, Daily Journal, August 10, 2012
- JAMS, 1996-present
- Private practice emphasizing alternative dispute resolution services, 1994-1996
- Founding and managing partner, James, Gack, Bernheim and Hicks, Santa Rosa, 1982-1994
- Judge pro tem, Sonoma County Superior Court, 1983-present
- J.D., Pepperdine University, 1976
- B.A., Anthropology, Cal. State University, Dominguez Hills, 1973
Counsel Comments
- "I look forward to future mediations with Ken in other cases as he has been one of the most effective mediators I have been lucky enough to associate with."
-Attorney, Sacramento Area Firm - “Ken has exceptional skills. He was very prepared, focused and listened to the attorneys and clients. Not a minute was wasted…he managed to weave through the many layers of controversy. He deserves a medal for settling this case.”
- "Mr. Gack is always prepared, always knowledgeable, and always cuts to the core of the relevant issues. Use him once and you will use him again."
- Prominent Bay Area Litigator - “Extraordinary mediation skills in terms of technical knowledge, ability to moderate all involved, [and a] sophisticated manner of guiding discussion. Ken Gack is one of the best in the state.”
- “Ken Gack is one of the best mediators in the business. Very effective and well-prepared. Kept working the case even after the mediation concluded.”
- “Patience, wisdom, [and] ability to read different personalities. [Ken] was excellent.”
- “Thanks again for working so so hard to get this case settled. It’s a testament to your reputation that you continue to put in 110% effort on the cases. I know after all these years it must be hard to stay focused and engaged the way you do…that’s why you are the go to guy at the head of the pack in Northern California.”
- “Ken was awesome. His patience and ability to understand the motivations in [multiple] rooms and how to nudge and to understand when parties were at their limit.”
- “Thanks again for a very strenuous effort on your behalf in resolving this very difficult case. It’s always great working with you.”
- “[Ken has the] ability to tell it like it is to all the parties when they were wrong. He followed up and settled the matter soon thereafter.”
- “Ken, you are a class act…You have an excellent skill set…I really appreciated your time and expertise.”
- “[Ken has] superior knowledge of issues regarding medical malpractice.”
- “[He is] highly skilled at mediation. Especially valuable for post-mediation follow-up. Ken is one of the best.”
- “Ken is very excellent at moving the parties to the center.”
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Practice Areas
- Agribusiness
- Arbitration
- Business/Commercial
- Construction
- Employment
- Environmental
- Health Care
- Personal Injury/Torts
- Professional Liability
- Real Property
- Securities
- Special Master/Discovery Referee
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This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More