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Recent Case Settlements

The plaintiff was bitten on his leg by a dog owned by a customer on the premises of the defendant’s gas station convenience store. The settlement was paid by the insurer of the convenience store based upon the theory that they were at the time a keeper of the dog under an applicable dog bite statute.

Patron descending stairs to a restaurant lost her balance and reached for, but could not grasp, a handrail that was covered by a wall curtain, fell down stairs suffering bilateral elbow fractures which required multiple surgeries.

Intersectional motor vehicle accident, plaintiff suffering back and shoulder injuries with multiple surgeries and loss of earning capacity.

Bicyclist traveling on off road bike path struck utility guy wire overhanging path, alleging orthopedic injuries and traumatic brain injury with cognitive deficits.

Wrongful death claims of father and minor son drowned using Canadian hotel swimming pool, alleged under Canadian law to have been improperly attended by hotel personnel.

Liquor liability death case against liquor store alleging they sold alcohol to a 20-year-old without asking for identification to confirm his legal age as 21, whereafter, upon leaving a house party, he drove off a roadway causing injuries and death to 18-year-old passenger.  Plaintiff also presented continuing claims against the 20-year-old operator’s automobile insurer and homeowner/hosts of house party.

Food contamination claim of 30 year old man against high-end restaurant alleging contraction of salmonella bacterium and resultant development of Reactive Arthritis (RA), sometimes referred to Reiter’s Syndrome, a joint disease which reportedly occurs in about 2-10% of patients suffering from salmonellosis.

Medical malpractice claim brought against ophthalmologist by 75-year-old woman who suffered permanent vision loss in left eye allegedly due to delay in the diagnosis and treatment of endophthalmitis, an infection inside of the eye, which developed after cataract surgery.

Premises liability claim wherein plaintiff with significant pre-existing health issues suffered alleged permanent injuries when taking stairs due to elevators being temporarily out of service due to alleged defective maintenance by defendant building owner, where plaintiff claimed falling on non-defective stairs due to exhaustion while carrying groceries to fifth floor.

Automobile bodily injury claim brought by 31-year-old married male alleging traumatic brain injury and subsequent seizure disorder.

Wrongful death medical malpractice claim brought by parents of decedent 4-year-old alleging negligence on the part of nurse practitioner and pediatric practice resulting in death by septic shock due to Group A strep infection.

Medical malpractice claim of 68-year-old male for failure of primary care physician to detect recurrence of prostate cancer allegedly shown on PSA testing, where defense argued any delay in diagnosis did not change the plaintiff’s subsequent treatment or prognosis.

First party claim by a municipality against their insurer to recover for fire loss destroying school building under insurance policy with contested coverage provisions.

Product liability claim against manufacturer of commercial coffee urn alleging defect in cover causing burn injury to minor claimant

Automobile bodily injury claim involving pedestrian who suffered a fractured skull and brain bleed and alleged residual loss of smell and taste.

Medical malpractice wrongful death claim brought by the estate of 44-year-old married decedent alleging failure to diagnose and treat invasive squamous cell carcinoma of the tongue.

Wrongful death premises liability claim brought by estate of 74-year-old married decedent against nephew and niece arising out of slip and fall on hardwood floor while visiting their home.

Action against insurer alleging violation of G.L.c.176D S3(9)(f) and G.L c.93A for failure to effectuate prompt, fair, and equitable settlement of an underlying tort claim once liability had become reasonably clear.

48-year-old female plaintiff slipped and fell on black ice in commercial parking lot causing aggravation to pre-existing conditions in neck and back, leading to further spinal surgeries.

94-year-old claimant, a passenger in vehicle operated by a friend who hit the gas instead of the brake with the vehicle subsequently striking a lamp post and tree.  Claimant suffered head laceration and type II odontoid fracture as well as alleged permanent residual injuries.

Product liability and negligence case against a building owner and a manufacturer of roof-installed cooling tower on which injured worker stepped through and into operating fan causing serious leg injuries.

Product liability claim wherein minor plaintiff alleged retinal damage caused by beam from laser pointer pen manufactured in China and sold through an online retailer.

Subrogation claim brought by the insurer of a rock star whose home suffered property damage when a fire started in a wall where a gas-fueled fireplace had been installed by defendants, who contested responsibility as to cause and origin of fire.

Construction site accident where plaintiff, an employee of an HVAC contractor, fell from ladder reportedly due to negligence of five contractors working in or about the area of the accident, all of whom contested liability and damages.  Plaintiff alleged rib fracture, small pneumothorax and possible non displaced fracture of T9 transverse process.

Dental malpractice claim wherein 71-year-old patient with a past history of face and neck radiation treatment for tonsil cancer alleged negligence in subsequent dental care including tooth extraction leading to development of infection and osteoradionecrosis (ORN).

Premises liability case wherein 20-year-old single student with no dependents fell from roof of apartment building to his death allegedly due to negligence maintenance of roof, access way thereto, and lack of proper guardrails at roof edge.

Medical malpractice action for failure to timely evaluate embolic stroke and administer tissue plasminogen activator (tPA), requiring two unsuccessful hemicraniectomy procedures which were unable to adequately relieve cerebral edema, resulting in death.

Medical malpractice claim alleging failure to recognize and appreciate a non-reassuring fetal heart rate pattern suggestive of hypoxia, and failure to expedite delivery of baby via caesarean section, thereby causing permanent neurologic injury to the minor child.

Automobile bodily injury claim where learning-disabled claimant was struck crossing a secluded roadway at night in dark clothing.

Medical malpractice claim where minor claimant suffers from cerebral palsy with spastic quadriplegia secondary to hypoxic ischemic encephalopathy (HIE) allegedly caused during birthing process.

Automobile bodily injury claim in which the claimant allegedly suffered traumatic brain injury.