Medical Malpractice Overlooked In Massachusetts?

This Channel 4 I-Team investigative report describes how medical malpractice lawsuits that settle for money before trial rarely lead to doctors being disciplined. See full article here: Hundreds Of Doctors Who Settle Malpractice Claims In Mass. Are Not Held Accountable

According to the report which examined

"records for more than 16,000 doctors and found 654 of them have settled one or more malpractice claims in the last decade. Out of those, only six doctors — less than 1 percent — have been disciplined by the state board."

These findings are similar to those of a national state by state analysis by Public Citizen: State Medical Boards Fail to Discipline Doctors with Hospital Actions Against Them, as reported in sister publication NH Medical Malpractice News.

Massachusetts Gun Maker Settles Wrongful Death Lawsuit

The Associated Press is reporting via Google News that "a Massachusetts gun-maker has agreed to pay nearly $600,000" to the families of two men (one wounded one killed) by a gun said to be stolen from the company, Kahr Arms. See the AP article here:
Mass. gun-maker to pay $600K in gun-death lawsuit

Abandoned Med-mal Lawsuits Weigh Heavy on Legal System

A report in the Boston Globe reveals that 59 percent of medical malpractice claims filed are simply abandoned, according to a new study published by the Journal of Health Affairs: Dropped Medical Malpractice Claims: Their Surprising Frequency, Apparent Causes, And Potential Remedies.

Information from the abstract of the study, authored by Dwight Golann, a professor at the School of Law, Suffolk University, in Boston, Massachusetts reads:

"Most medical malpractice claims are neither settled nor adjudicated. Instead, they are abandoned by the plaintiffs who bring them. This study measured the frequency and cost of abandoned claims and gathered opinions from attorneys and other experts on why plaintiffs drop claims. Plaintiffs in the study abandoned 58.6 percent of claims against defendants, while settling only 26.6 percent and adjudicating 14.8 percent. Claims are not dropped because a large percentage of them are frivolous, but for other reasons. The most important is that as plaintiffs acquire more information in the course of a lawsuit, they often conclude that a claim is weaker than they had first thought. The author recommends that insurers and hospitals adopt new procedures to encourage both plaintiff attorneys and defense representatives to exchange information more efficiently, discuss the merits of malpractice cases more candidly, and resolve cases quickly. Such reforms would greatly reduce both the frequency and the duration of cases that are dropped, and thus the cost of malpractice litigation."

Massachusetts General Hospital Named in Lawsuit for Medication Dosing Error

Channel 5 carries the news story of the family of a woman who died from a medication error at Mass General Hospital filing a medical malpractice wrongful death lawsuit. Andrew C. Meyer, Jr. attorney for the family states in the item that "This was a systemic failure within the hospital, within the nursing practices of the hospital and with the doctor's oversight responsibility — clear negligence on behalf of the hospital and the doctors and nurses involved."

Patrick Proposes Cooling-off Period and No-risk Apologies to Help Reduce Med Mal Suits

Listen to this WBUR report from Bob Oaks on proposed changes to medical malpractice laws in Massachusetts by Governor Deval Patrick. Quoting the story:

Under proposed changes, doctors in Massachusetts would be able to apologize to patients — without the risk that their apology could be used against them later, in court. The state would also implement a six-month “cooling off period,” so that hospitals and patients could try to resolve problems without lawsuits.

Click here to view the news article on WBUR.org and hear the audio of the news story.

Lubin & Meyer Still Tops in Medical Malpractice Settlements

Each year Massachusetts Lawyers Weekly complies the largest reported verdicts and settlements of the previous year of $1 million or more. And each year, one firm stands apart — Lubin & Meyer PC. The Boston-based personal injury and medical malpractice law firm dominates the list year after year. In 2010, Lubin & Meyer attorneys accounted for 20 of the largest settlements listed — nearly 1/3 of all settlements listed. This includes the largest medical malpractice settlement of the year — $6 million lawsuit for  newborn who received overdose of an anti-seizure drug.

Family Sues Ambulance Company in Wrongful Death Lawsuit

New England Cable News reporter Alysha Palumbo reports from Boston on February 16 on lawsuit naming an ambulance company as liable in the death of 68-year-old woman.

Pfizer Ordered to Pay $142.1 Million in `Off-Label' Marketing Case

Bloomberg News reports that Pfizer will pay triple damages totaling $142.1 million for marketing practices of its epilepsy drug, Neurontin, found to be in violation of U.S. racketeering laws.

"U.S. District Judge Patti Saris in Boston yesterday upheld a jury’s finding that Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals deserved the award over the companies’ claims that Pfizer illegally promoted Neurontin for unapproved uses. Saris tripled the jury’s award of $47.3 million under a provision of the Racketeer Influenced and Corrupt Organizations Act of 1970."

See the full article: Pfizer Ordered to Pay $142.1 Million Over Neurontin `Off-Label' Marketing on Bloomberg.com.

Big Tobacco Case Tops 2010's Largest Verdicts

Massachusetts Lawyers Weekly has published the annual largest verdicts round up in its January 20, 2011 4:38 pm Thu, January 20, 2011 issue:

"Two Boston trial lawyers took on Big Tobacco and won the largest jury verdict in the state last year in a wrongful death suit that exposed a disturbing campaign to distribute menthol cigarettes to inner-city children. The $152 million award in Evans v. Lorillard is nearly 10 times larger than 2009’s top verdict of $15.7 million ..."

Read the full article on Mass. Lawyers Weekly [login required].

Teens More Likely to Be Injured on the Job?

The Boston Globe reports in Young employees sometimes find themselves in harm’s way and face injury or death, that:

"Young people tend to find employment outside white-collar occupations, taking jobs where the risk is higher for workers of all ages. By definition, teens are inexperienced at the work they do, heightening their chances of injury. Because eight out of 10 teenagers are employed before leaving high school, their safety is a public health concern that’s getting increasing attention."

An accompanying graphic of work-related injuries to teens, show the startling evidence. Click on the thumbnail to link to the article where you can view the whole story and a larger version of this graphic.

Speak Softly and Carry a Big Snow Shovel — Slip and Fall Liability in MA

The Massachusetts Supreme Court ruled this week in a historic decision regarding snow removal and slip and fall injuries. A Boston.com article reports on the ruling saying...

"...the state’s high court ruled yesterday that landowners must make sure their property is clear of any snow and ice that could cause injury to others, regardless of whether the snow came from Mother Nature or from a plow or other source."

Read the full article: SJC changes rule on snow removal.
The case is Papadopoulos v. Target Corp. You can read the full ruling here.

Seven Partners From Sugarman Selected as Best Lawyers and Sugarman is featured in the Boston's Best Lawyers Publication

Boston, MA (PRWEB) — Seven partners from Sugarman and Sugarman, P.C., have been selected for inclusion in The Best Lawyers in America and are featured in the Boston's Best Lawyers 2010 Edition, a supplement to the Boston Globe.

One of the feature stories is that of Neil Sugarman, named by Best Lawyers as "Lawyer of the Year" for Product Liability Litigation. The article highlights Mr. Sugarman's highly successful 40-year career, fighting for personal injury victims. The article notes that Mr. Sugarman focuses his practice on products liability, medical malpractice, construction site accidents and complex personal injury cases and finds product liability cases "particularly satisfying…the complex cases always intrigued me." In the article, Mr. Sugarman also explains that "product liability and personal injury lawyers must always convey credibility before the jury, being accurate and forthright…Once the jury realizes that you are not only truthful but accurate, then what you have to say usually gets translated into a positive result for your client."

Best Lawyers in America Selects Three Attorneys from Boston Law Firm Lubin & Meyer

Boston, MA -- Lubin & Meyer PC is pleased to announce that three of its Boston trial attorneys have been named to the 2010 edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession.

Founder Andrew C. Meyer, Jr. has been named every year since Best Lawyers inception in 1995 in both Medical Malpractice Law and Personal Injury Litigation. Robert M. Higgins, has been named each year since 2008, and is selected in the category of Medical Malpractice Law. This year, William J. Thompson joins their select company, named to Best Lawyers® 2010 under the practice area of Personal Injury Litigation.

See full press release.

Lawyer James Sokolove Seeks Permission To Set Up Shop in R.I.

Lawyer James Sokolove seeks permission to set up shop in R.I. | Rhode Island news | projo.com | The Providence Journal

According to the article in The Providence Journal:

"Sokolove is not seeking to practice law in Rhode Island, but instead open a branch of his Delaware-based firm here, court papers show. South Dakota is the only other state in which he does not have a presence.

A lawyer must be licensed to practice law in Rhode Island and be a dues paying member of the bar association to practice here. The state Supreme Court licenses lawyers to operate as limited liability corporations."

To read the full article on projo.com, click on: Rhode Island Law Office

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$6 Million Verdict Survives Judge's Error on Mid-Trial Jury Discussions

An article in the The National Law Journal and Law.com details key court opinion involving mid-trial jury deliberations. In the article by Sheri Qualters, the Massachusetts high court let stand a $6 million jury judgment in a personal injury case. As reported on Law.com:

"The Supreme Judicial Court of Massachusetts' July 16 unanimous ruling in Kelly v. Foxboro Realty Associates LLC, heard by six of the court's seven justices, said that the trial judge committed an error by allowing jurors to talk about evidence by themselves during a trial despite one side's objection. But the opinion, authored by Associate Justice Robert J. Cordy, also upheld the judgment and said the judge's decision to allow the juror discussions didn't harm the defendant's case."

To read the entire article, click on: Mid-Trial Jury Discussions. The article is free, but may require registration.

Massachusetts Personal Injury Attorney to Lead Trial Lawyers Group

SAN FRANCISCO (Legal Newsline) July 31, 2009 -- Personal injury attorney Anthony Tarricone of Hamilton, Mass., has been eleced president of the trial lawyers group, American Association of Justice. Tarricone is a partner at the aviation law firm of Kreindler & Kreindler LLP. See full article here: Trial Lawyers

$6 Million Verdict Survives Judge's Error on Mid-Trial Jury Discussions

$6 Million Verdict Survives Judge's Error on Mid-Trial Jury Discussions

By Sheri Qualters
The National Law Journal
July 21, 2009

Here is a pointer to an important decision by the Massachusetts Supreme Judicial Court regarding jury predeliberation discussions as found on Law.com ...

The Supreme Judicial Court of Massachusetts' July 16 unanimous ruling in Kelly v. Foxboro Realty Associates LLC, heard by six of the court's seven justices, said that the trial judge committed an error by allowing jurors to talk about evidence by themselves during a trial despite one side's objection. But the opinion, authored by Associate Justice Robert J. Cordy, also upheld the judgment and said the judge's decision to allow the juror discussions didn't harm the defendant's case.

Read the full article here...

Danvers firm faces criminal charge in '05 death of woman - The Boston Globe

Amusment Co. faces criminal charge in climbing wall death

From the Boston Globe: Danvers firm faces criminal charge
A Danvers-based company was indicted yesterday in the 2005 death of a Saugus woman, who fell from an inflatable climbing wall, in a rare case of an amusement ride company being charged criminally in the state.
Read full article on Boston.com

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Big Dig contractor pleads guilty - The Boston Globe

Big Dig contractor pleads guilty - The Boston Globe

"The largest contractor on the Big Dig [Modern Continental] pleaded guilty yesterday to 39 federal charges of overbilling and lying about construction defects on the project, but prosecutors dropped five other charges that had implicated the company in the fatal 2006 collapse of the ceiling of the Interstate 90 tunnel."

Click to read complete news article at Boston.com.

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Massachusetts Ranks Third in Avg. Size of Medical Malpractice Claims Paid

The average amount for a medical malpractice claim paid in Massachusetts for 2007 is $530,963. This is the third highest avg. claim paid in the nation according to statistics compiled by The Henry J. Kaiser Family Foundation, whose statehealthfacts.org web site. The two states ranking higher than Massachusetts in avg. size of claim paid are Wyoming and Illinois with $641,692 and $634,971 per claim avg.

The web site offers comparative statistics on medical malpractice claims paid in all 50 states. Leading the pack in total dollars paid is New York state with $674,683,750 (an average of $441,547 per claim paid). Massachusetts ranks 7th in total claim dollars paid with $148,669,500.

The table below offers data on the top ten state's in average amount of medical malpractice claims paid (2007)...
For more information, see the Kaiser web site, click on: med mal claims paid data.

Errors test openness at Beth Israel Deaconess - The Boston Globe

Errors test openness at Beth Israel Deaconess - The Boston Globe

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Jury Verdict is $13.5M for Family of Dana-Farber Cancer Patient Undergoing Experimental Chemotherapy

OK, more on the $13.5M medical malpractice lawsuit involving a women who died of a "massive flesh-eating bacteria infection" while undergoing experimental chemotherapy treatment at Dana-Farber hospital in Boston, MA. (I used the handy Share This tool which allows me to quickly post it to this site, but doesn't allow adding more info.)

The original news story on the wrongful death jury award is here in this Boston Globe article.
Plaintiff attorney for the family of the woman was Robert Higgins, from medical malpractice powerhouse Lubin & Meyer. The woman was receiving chemotherapy every two weeks instead of the standard regimen of once every three weeks for Ewing's sarcoma. Said Higgins in a report in the Boston Herald, "her death could have been prevented if doctors had investigated the cause of chronic diarrhea that surfaced during treatment for a tumor behind her knee."

Earlier this year, Higgins was the attorney in another jury award for $14.5M related to a woman who died from a medical error after surgery for thyroid surgery at Brockton Hospital.

Here are some more links to coverage of the verdict including the Dana-Farber response:
Dana-Farber chief reacts to $13.5m award in patients' death
Family of Dana-Farber cancer patient gets $13.5M - Boston Herald

$13.5m awarded in hospital death - The Boston Globe

$13.5m awarded in hospital death - The Boston Globe

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Pfizer Settlement Restricts Drug Marketing

Law.com carries this article on the recent $60 million settlement between pharmaceutical company Pfizer with 33 states attorneys general: Pfizer Settlement Over Marketing of Celebrex Contains Far-Reaching Restrictions.

According to the article, the settlement over the company's alleged off-label marketing of pain medication Bextra and arthritis drug Celebrex "includes a sweeping list of new marketing and advertising restrictions for the pharmaceutical company."

"...Pfizer has agreed to stop the following activities: giving incentives to sales staff to promote off-label drug use and paying doctors to spend time with Pfizer sales representatives; using grant money to promote use of Pfizer's drugs; "ghost writing" articles and studies for a named author outside of the company; and giving doctors drug samples to encourage off-label prescribing."

Read the full article at: Pfizer settlement.

Massachusetts Attorney General Martha Coakley said in a statement:

"While we are pleased with the monetary payment and plan to use these funds to improve the health and welfare of Massachusetts residents, it is the comprehensive injunctive relief that will ensure that Pfizer, the world's largest drug manufacturer, can no longer deceptively promote its products."

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Poisoning is #1 Accident in Massachusetts

This Forbes.com article credits Massachusetts with an interesting distinction -- in the state, poisoning has eclipsed car crashes as the number one cause of accidental death. According to the article, America's Accident Capitals...

"In the past five years, more people have died in the U.S. from accidental poisoning than any other form of unintentional death except for motor vehicle accidents.... In Massachusetts, poisoning replaced motor vehicle accidents as the No. 1 cause of unintentional death in 2005. Ditto for Washington, D.C."

The article names prescription drugs as the culprit especially prescription drugs quoting a Centers for Disease Control (CDC) study...

"The combined evidence seems to indicate that the increase in poisoning mortality is primarily among adults (ages 20 to 64) of both sexes, and is mainly attributable to abuse of opioid analgesics."

See the article for more details.