Recent settlements
  • $1,560,000.00 Motor Vehicle Accident
  • $2,200,000.00 Wrongful Death
  • $1,250,000.00 Motorcycle Accident
Free Consultation No fee unless succesful we will travel to you
  • Top 100 Trail Lawyers
  • AVVO Car Accident 2015
  • AVVO Top Attorney Car Accident
  • American Academy of Trial Attorneys
  • 10 Best 2015

lung x-ray

A recent court decision focused on the Ortho Evra patch, a birth control option that prevents pregnancy by transferring synthetic hormones through the wearer’s skin.

While arguably more convenient than other forms of birth control, the patch is not without risks, including death.

Continue reading

fresh milkIn order to adjudicate a claim, a court must have subject matter jurisdiction, personal jurisdiction, and venue. If subject matter jurisdiction is not present, the only remedy is dismissal of the case because the court lacks the authority to hear the case.

With regard to personal jurisdiction and venue, however, there is also the possibility of a transfer of the case to a more appropriate forum. This is especially true in the federal courts.

Recently, a corporation with deep ties to Massachusetts challenged the jurisdiction and venue of a lawsuit filed against it in a New York federal court.

Continue reading

medical words

There are many ways in which a product can be deemed defective. Sometimes, only a single defective product results from a manufacturing error. In other words, something went wrong during the process of making the product.

In other cases, all of the products in a particular line are found to be defective due to a poor design or perhaps a failure to warn. Recently, a Massachusetts appellate court reviewed a trial court’s decision declaring a medical device defective due to its design and lack of a proper warning.

Continue reading

large clockAbout a year ago, we shared with you a Massachusetts Court of Appeals decision in a malpractice case in which the issue was whether or not suit had been filed within the three-year statute of limitations set forth under Massachusetts law.

The intermediate appellate court decided that the case was timely filed under the continuing treatment doctrine. Since that time, however, the state’s highest court has reviewed the case and decided otherwise.

Continue reading

sorrel mareReleases and waivers of liability are so commonplace these days that many people sign them without even stopping to consider the consequences. Perhaps they even doubt that such agreements will hold up in court if an accident does happen.

The truth is that a release or waiver is an important legal document that has the potential to forfeit considerable legal rights, particularly the right to recover compensation for injuries (or even a wrongful death) suffered due to the negligence of the individual, business, or government to which the waiver is granted.

Occasionally, the courts will find a reason to rule a particular release or waiver invalid, but, very often, these documents are upheld as legally binding upon the person who signed them. Thus, it is always a good idea to carefully consider whether the activity for which a waiver is required is important enough to forego your right to sue, should you be seriously injured because of another party’s negligence or carelessness.

Continue reading

bottle and glass

Clearly, the United States Constitution guarantees the criminally accused the right to counsel. However, exactly when, and under which circumstances, that right first attaches is sometimes a point of contention.

Recently, Massachusetts’ highest court was called upon to revisit this issue as it concerned a defendant’s right to counsel regarding whether or not to submit to a breathalyzer test after being arrested for drunk driving.

In a previous case, the court had held that no such right exists, but the defendant pointed to a change in Massachusetts statutory law as a reason to change the common law as to this issue.

Continue reading

small clock

Most people understand that there are statutes of limitations that govern the time that an injured person has to bring a claim in a court of law. There are numerous other issues of timeliness, however, of which the general public may be less aware.

One of those issues – the notice period for a medical malpractice lawsuit – was at issue in a recent appellate court decision.

Facts of the Case

In a case recently decided by the Massachusetts Appeals Court, Arsenault v. Bhattacharya, the plaintiff was a woman who sued her primary care physician, seeking redress for alleged medical malpractice in the treatment of the her wrists. The woman’s complaint was filed on October 21, 2013. The defendant first began treating her for carpal tunnel and cervical spondylosis with radiculopathy in January 2008.

Continue reading

pedestrian crossingThere are thousands of laws on the books in Massachusetts and across the nation. What happens when two of those laws potentially conflict? For instance, if a driver is obligated to stop for a pedestrian in a crosswalk, but the pedestrian is obligated to obey a pedestrian crossing signal, what happens if both the driver and the pedestrian disregard their statutory duties?

Does one law trump the other? Not necessarily. According to a recent case decided by the Massachusetts Appeals Court, the laws have equal force, and it is up to a jury to decide the relative fault between two parties who may have violated their respective duties.

Continue reading

interstate trafficEarlier this month, the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) released an “Early Estimate of Motor Vehicle Traffic Fatalities in 2015,” projecting that some 35,200 motor vehicle accident fatalities occurred nationally last year.

The good news is that this number, while tragic, is lower than the 43,510 fatalities that happened 10 years earlier. In fact, the number of traffic fatalities has been dropping steadily since 2005, except for a 4% increase in 2012. Unfortunately, if the NHTSA’s report is accurate, 2015 saw a 7.7% increase in the overall number of fatalities on U.S. roadways.

Continue reading

grocery store

Store owners, including those that own grocery stores, convenience markets, and other establishments selling food, have a responsibility to keep their premises in a reasonably safe condition. Although there are some general requirements, the specifics of what is considered “reasonable” can vary from case to case.

Generally, the term “reasonably safe condition” means that, at a minimum, a store or supermarket should keep its aisles clear and accessible, make sure its floors are clean and dry, and respond promptly should an employee or customer cause a spill or other issue compromising customer safety.

Continue reading