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].