March 31, 2008

Former Children’s Hospital Boston Pediatrician Is Sued For Sexual Abuse And Medical Malpractice

In Suffolk County Superior Court in Massachusetts, an unnamed plaintiff has filed a medical malpractice lawsuit suing pediatrician doctor Melvin D. Levine for sexual assault, battery, and abuse from 1980 to 1985. This is not the first time that Dr. Levine has been accused of sexual abuse by a former patient.

Several men have stepped forward claiming that the doctor sexually abused them at Children’s Hospital Boston when they were boys. At least four of the men are suing him in court. All of the men describe similar incidents of being abused by the doctor during medical examinations.

In this latest lawsuit, John Doe No. 5 says that Levine conducted unnecessary physical exams on him when he was a boy and engaged in acts of sexual assault, including masturbation and genital touching. He is also accusing Dr. Levine of making threats to assault him and trying to engage in other acts of sexual assault. The plaintiff says that he repressed the sex abuse memories for years until he took his own son to the doctor for the exam.

Between 1971 and 1985, Dr. Levine spent 14 years as the chief of ambulatory pediatrics at Children's Hospital Boston He is a bestselling author.

Dr. Levine, who has treated over 15,000 child patients, claims he is completely innocent of any allegation. Children’s Hospital says they never received any complaints about him while he was at the hospital.

Sex Abuse
A person who is sexually abused can file criminal charges against the perpetrator. He or she can also sue the abuser in civil court. The charges and lawsuits must be filed within the statute of limitations of the state where the abuse took place.

Sex abuse can result in personal injury to the victim, which can include physical, emotional, and mental injuries that can lead to alcoholism, depression, promiscuity, drug abuse, posttraumatic stress disorder, eating disorders, suicidal tendencies, sexual problems, intimacy issues, and broken relationships.

It may be impossible to fully recover from damages inflicted by sexual abuse, and medical and therapy costs can be very high.

In Boston, Massachusetts, our personal injury law firm would like to offer you a free consultation to discuss your sex abuse case. There may be civil remedies available to you for the harm that you or your child has suffered.


Lawsuit targets former pediatrician at Children's, Boston.com, March 31, 2008

Sex abuse claims filed against former Boston doctor, NECN.com, March 31, 2008


Related Web Resources:

Biography of Dr. Mel Levine, All Kinds of Minds

Children's Hospital Boston

Continue reading "Former Children’s Hospital Boston Pediatrician Is Sued For Sexual Abuse And Medical Malpractice" »

March 25, 2008

Raynham, Massachusetts Drunk Driver Involved In Injury Accident While Driving The Wrong Way

Anne Ferreira, the Raynham, Massachusetts woman who drover her 1996 Toyota Camry sedan the wrong way on the Route 25 freeway on March 11, is being charged with DUI.

She crashed her sedan into a 1997 Buick LeSabre sedan. Both Ferreira and the driver of the sedan, 65-year-old New Bedford resident David McGowan, had to be pried from their motor vehicles. McGowan suffered serious injuries in the car accident and was taken to Massachusetts General Hospital in Boston.

Massachusetts State Police said that a preliminary investigation found that Ferreira was driving under the influence of alcohol.

Drunk driving is considered reckless or negligent behavior and can lead to a personal injury or wrongful death lawsuit if another person is injured in a motor vehicle collision as a result.

The National Highway Traffic Safety Administration says that drunk drivers can experience problems in maintaining the proper lane position (including weaving, drifting, swerving, turning with a wide radius, difficulty braking, speeding problems), vigilance problems (including driving into opposing or crossing traffic, signaling that is inconsistent with driving actions) and judgment problems, such as deciding to turn illegally and driving the wrong way down a road.

The consequences of drunk driving on the driver, his or her passengers, people in other cars, and pedestrians can be catastrophic.

Our Boston, Massachusetts personal injury lawyers have represented many victims of drunk driving cases throughout the state so that they could recover compensation for medical costs, lost wages, and other associated damages.

Of the 442 traffic fatalities that occurred in Massachusetts in 2005, 171 of them were alcohol-related.

Woman in wrong-way charged with DUI, Wickedlocal.com, March 20, 2008

The Visual Detection of DWI motorists, NHTSA


Related Web Resources:

Impaired Driving, CDC

Massachusetts Drunk Driving Statistics, AlcoholAlert.com

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March 24, 2008

Oprah Winfrey Show Audience Member Sues Harpo Productions For Fall Accident

Orit Greenberg, an audience member at a taping of the “Oprah Winfrey Show” on December 5, 2006, is suing Harpo Studios for personal injury.

Greenberg says that she suffered serious and permanent injuries when she fell down a flight of stairs during a mad rush by audience members to secure the best seats.

Greenberg is asking for $50,000 in damages. She says that Harpo Studios neglected to control audience members, who were told that they could sit wherever they wanted. The patrons, who had been in a waiting area, “rushed the gate” and pushed and shoved inro each other as they entered the studio.

Slip and Fall Accidents
Slip and fall accidents can lead to serious injuries, including broken bones and head injuries. It is the responsibility of a property or business owner to make sure that there are no conditions on a premise that can allow a person to slip or trip and fall. These types of accidents can be more serious than they sound, and the medical costs and time necessary for recovery can be lengthy.

Slip and fall accidents can be occur because of poorly lit hallways, damaged staircases, uneven sidewalks, debris or liquids left on the floor, and other unsafe conditions that can cause a person to slip and fall.

To prove liability in a slip and fall case, the plaintiff must prove that the owner or manager of the property caused the condition that resulted in the slip and fall accident, knew about the hazardous condition but did nothing to remedy the situation, or should have known about the unsafe condition and done something to fix it.

The statute of limitations for filing a slip and fall lawsuit in Massachusetts is three years from the time of the injury accident. There are certain cases, however, where the plaintiff may have to notify a property owner of the sip and fall accident right away to stay eligible to file a personal injury lawsuit—there may be even stricter notice requirements if your slip and fall accident occurred on a public premise.

Our experienced Boston, Massachusetts slip and fall lawyers have a combined 50 years of experience that allows us to work towards the best outcome for your injury case. We know how to properly investigate, pursue, and prove your slip and fall accident case, as well as determine how much recovery you should receive.

We will aggressively protect your rights and if necessary, our trial lawyers will fight for your slip and fall compensation in court.

Audience member sues Oprah's company after fall down stair, Suntimes.com, March 19, 2008

Slip and Fall/Premises Liability, CBS.com, March 23, 2008


Related Web Resources:

Slip and Fall, Nolo.com

Harpo Productions, Encyclopedia of Chicago

Continue reading "Oprah Winfrey Show Audience Member Sues Harpo Productions For Fall Accident" »

March 23, 2008

Massachusetts Gynecologist Is Sued For Wrongful Death

Dr. Rapin Osathanondh, the Massachusetts gynecologist whose patient died last September at his Women’s Health Center in Hyannis, is being sued for wrongful death. The wrongful death plaintiff is Eileen Smith, the mother of 22-year-old Laura Hope Smith, who died during an abortion procedure. Smith is asking for punitive damages for the gross negligence that she says caused her daughter’s death.

The wrongful death lawsuit was filed on March 10 in Barnstable Superior Court. Smith’s defense team says that Osathanondh failed to properly monitor Laura’s vital signs while she was under anesthesia. Osathanondh and a receptionist were the only ones present during the abortion.

The receptionist called 911 after Smith stopped breathing. Cause of death was “cardiac pulmonary arrest during anesthesia during a voluntary termination of pregnancy.”

Osathanondh says that Laura’s death was an unfortunate outcome and that he was not negligent. He surrendered his medical license and resigned from practicing medicine last month--just as Massachusetts Board of Registration in Medicine was about to suspend his license following Laura's death. His primary medical practice was located in Brookline.

Last week, Cape and Islands District Attorney Michael O'Keefe said he would try to obtain a grand jury criminal indictment against the gynecologist.

Gynecological Malpractice
Injuries caused by gynecological or obstetric malpractice can be very physically and emotionally traumatic for the patient. Injury victims and families of patients that have died because of medical malpractice are entitled to personal injury or wrongful death recovery. Our Boston, Massachusetts medical malpractice law firm would like to offer you a free consultation to discuss your case.


Common Kinds of Gynecological Malpractice:

• Abortion errors
• Inappropriate behavior during an examination
• Failure to diagnose
• Wrong diagnosis
• Hysterectomy mistakes
• Errors during testing
• Birthing errors

Doctor faces lawsuit, possible indictment, Cape Cod Times, March 21, 2008

Doc gives up license over Sandwich abortion death, Capecodtoday.com, February 21, 2008


Related Web Resource:

Cause and Effect Analysis of Closed Claims in Obstetrics and Gynecology, Green Journal, 2005

Continue reading "Massachusetts Gynecologist Is Sued For Wrongful Death" »

March 20, 2008

New York Crane Construction Accident Leaves Seven People Dead

Six construction workers and a Florida tourist died in a construction accident on Saturday after a crane collapsed at a construction site in New York. 10 other people were injured.

The construction site was at a 43-year-old building that had already received multiple safety violations. On Tuesday, investigators were trying to determine whether the nylon webbing, worth $50, broke while lifting a large piece of steel.

The 200-foot crane fell while construction workers tried to attach a large, 12,000-pound square steel collar around the tower of the crane at the 18th floor of the building, located on East 51st Street. They were applying manual winches that seemed to be hanging from nylon slings that were hanging from a higher part of the tower.

The collar, winches, and slings fell, crashed into another collar at the ninth floor, and landed on a third collar located close to the bottom of the construction site. The tower then collapsed, leveling a nearby building and damaging other nearby properties.

According to Paul S. Zorich, chairman of the committee on crane and sling safety standards of the American Society of Mechanical Engineers, photographs of the sling show that it could have been “grossly overloaded.”

Construction safety experts say that these slings usually can carry loads as heavy as several tons unless they are worn or damaged.

Steven R. Dewey, president of All-Lifts, a company that makes construction slings, says sling failures only occurs if they are damaged or cut. He also said that slings are manufactured to carry five times the indicated weight.

Joy Contractors is the company overseeing the crane work at the site.

Construction accidents can often lead to catastrophic if not deadly injuries. Construction workers injured on the job cannot sue their employers for recovery. They are, however, eligible for workers’ compensation benefits and they may be able to claim damages from third parties, such as the manufacturer of a defective product or another party that is found liable for the injury accident.

Injured parties that are not construction workers may be able to claim damages from the construction company or other parties associated with the project if negligence can be proved. The best way to do this in Massachusetts is to retain the services of a Boston, Massachusetts personal injury law firm that is experienced in dealing with construction accident cases.

Even if your employer guarantees you workers’ compensation benefits, one of our Boston, Massachusetts workers’ compensation attorneys can make sure that you receive all of the benefits you are eligible for in a timely manner.

Failure of Strap Is Suspected in Crane Collapse, New York Times, March 18, 2008

Seven dead in New York crane accident, BBC News, March 16, 2008


Related Web Resource:

A Review of Crane Safety in the Construction Industry

Continue reading "New York Crane Construction Accident Leaves Seven People Dead" »

March 17, 2008

Haverhill, Massachusetts Woman Awarded $8.5 Million Verdict for Motorcyclist Husband’s Wrongful Death

Jackie Monahan, a Haverhill, Massachusetts, woman has won $8.5 million in the wrongful death lawsuit against Alexis Ortiz, the 22-year-old driver who was speeding when he killed her husband Larry, 54, who had been riding his motorcycle outside their residence on March 18, 2006.

At his Massachusetts Parole Board meeting last month, Ortiz admitted that he had been drinking on the day of the deadly auto accident. Police estimates that Ortiz had been driving a Saturn sedan at around 81 mph. The car belonged to his father and was uninsured at the time of the accident. The collision left Larry crushed between the car and his motorcycle.

Ortiz, also a Haverhill resident, pled guilty to vehicular homicide and manslaughter charges in March 2007. He was sentenced to 2.5 years in prison sentence. As part of his plea agreement, he was to serve 2 years in jail, 10 years probation, and a 15-year license suspension.

Motorcycle accidents are frequently catastrophic if not fatal for bikers, who have no protection from the impact of getting hit by a speeding car or a large tractor-trailer. Injuries can be permanent or take months to recover from. If a motorist dies in a car collision, the loss and trauma for surviving family members can last forever.

If you or someone you love was injured in a motorcycle accident or if someone you love has died in a motor vehicle crash, Our Boston, Massachusetts personal injury law firm would like to offer you a free consultation to discuss your case.

In 2007, 50 motorcyclists, 61 pedestrians, and six bicyclists died on Massachusetts’ roads.

Motorcyclists in Massachusetts are planning to appear on Beacon Hill in Boston on March 18, 2008 to support a bill imposing harsher jail sentences and fines on drivers convicted of serious right-of-way crashes that results in serious injuries or deaths.

The bill seeks to impose a 2.5 year mandatory jail sentence, a 10-year license suspension,and a $350 fine if someone is convicted.

Haverhill: Wife wins $8.5 million in husband's motorcycle death, fights to keep other driver in prison, Eagletribune.com, March 2, 2008

Bikers want more punishment for motorists in right-of-way accidents, Enterprisenews.com, March 17, 2008


Related Web Resources:

Massachusetts Law About Traffic Violation

State Traffic and Speed Laws

Continue reading "Haverhill, Massachusetts Woman Awarded $8.5 Million Verdict for Motorcyclist Husband’s Wrongful Death " »

March 14, 2008

Massachusetts Suspends Obstetrician’s Medical License Following Several Medical Malpractice Cases

Medical regulators in Massachusetts suspended the medical license of Dr. Suzanne B. Rothchild, a Winchester Hospital obstetrician. The Board of Registration in Medicine called Rothchild “an immediate and serious threat to public health.”

Since the board’s decision, Winchester Hospital has suspended Rothchild’s medical privileges. The hospital has disciplined her for medical care that she provided on more than one occasion.

The board elected to suspend the 59-year-old obstetrician after examining nine cases alleging that she provided poor medical care. In 2007, her malpractice insurance company, ProMutual Group, refused to insure her new patients.

Since 1993, 12 medical malpractice lawsuits have been filed naming Rothchild as a defendant. Board of Registration records show that she has settled four medical malpractice lawsuits since 2005.

Rothchild settled a malpractice case in 2000 where she was accused of going to lunch at a critical point of her patient’s labor. The baby died soon after delivery of heart and respiratory failure. In another case, She settled a multimillion-dollar settlement with the family of a baby born with brain damage.

Rothschild’s lawyer calls the board’s suspension “unjustified.”

Throughout Massachusetts, our Boston, Massachusetts medical malpractice law firm handles injury and wrongful death cases caused by the negligence of a doctor, nurse, or another health care provider.

Obstetrician’s malpractice history stretches to Texas; Winchester Hospital slow on incident reporting, PatriotLedger.com, March 14, 2008

State suspends obstetrician's license, Boston.com, March 13, 2008


Related Web Resources:

Obstetrics and Medical Malpractice, WrongDiagnosis, March 14, 2008

High cost of malpractice insurance threatens supply of ob/gyns, especially in some urban areas, Med.umich.edu, June 1, 2005

Winchester Hospital

Continue reading "Massachusetts Suspends Obstetrician’s Medical License Following Several Medical Malpractice Cases" »

March 12, 2008

Woman Sued for Wrongful Death in Deadly Massachusetts Car Accident

A woman who has been charged in the motor vehicle homicide death of a female pedestrian she accidentally struck outside a car wash in Haverhill, Massachusetts, is now the defendant in a wrongful death lawsuit.

The lawsuit was filed by Roger Young, the husband of Robin Young, who was killed last year on June 16 at Hafner’s carwash, located on the Haverhill/Plaistow line.

Robin was wiping down her sport utility vehicle outside the car wash exit when she was struck by Marie Pigaga in a 2000 Mercedes Benz SLK 230 coupe. The motor vehicle jumped a retaining wall before hitting Robin, whose 12-year-old daughter witnessed the deadly collision from inside the SUV.

Pigaga, 46, says that her brakes malfunctioned. Police, however, after inspecting the Mercedes, say that the brakes did not malfunction.

The Young family is asking for millions of dollars.

Although the car accident occurred in Massachusetts, the civil lawsuit was filed in New Hampshire, where Pigaga and the Young family live.

Pigaga is still battling the criminal charge against her in Massachusetts. If convicted, she could face up to 2 ½ years in jail.

Our Boston, Massachusetts auto accident law firm has successfully represented many families and injury victims in their auto crash lawsuits. A number of these cases have involved pedestrian victims.

Common Scenarios that Can Lead to Pedestrian Accidents (PEDSAFE) Include:

1. The pedestrian walked or ran into the roadway at an intersection or midblock location and was struck by a vehicle.

2. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

3. Pedestrian is struck while crossing a high-speed and/or high-volume arterial street.

4. The pedestrian was struck while crossing the road to/from a mailbox, newspaper box, or ice-cream truck, or while getting into or out of a stopped vehicle.

5. A vehicle struck a pedestrian who was: (1) standing or walking near a disabled vehicle, (2) riding a play vehicle that was not a bicycle (e.g., wagon, sled, tricycle, skates), (3) playing in the road, or (4) working in the road.

6. The pedestrian was standing or walking near the roadway edge, on the sidewalk, in a driveway or alley, or in a parking lot, when struck by a vehicle.


Plaistow woman faces wrongful death lawsuit in fatal crash, Eagletribune.com, March 12, 2008

Definition of Pedestrian Crash Types, PEDSAFE, Walking Info.org

Related Web Resources:

N.H. mother struck, killed at Mass. car wash, Boston.com, June 20, 2007

Wrongful Death, Justia

Continue reading "Woman Sued for Wrongful Death in Deadly Massachusetts Car Accident" »

March 10, 2008

Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries

A Connecticut woman is considering filing a personal injury lawsuit for the chemical burn injuries she says that her children sustained while swimming at CoCo Key Water Resort, a Danvers, Massachusetts water park.

Kristen Baker says that her daughter Emily, 9, and son Austin, 11, experienced blisters, rashes, skin burns, and breathing problems after a visit to the resort during a chaperoned girl scout trip. She attributes the injuries to the high levels of chlorine that the children were allegedly exposed to while at the 65,000 square foot indoor park.

Southern New Hampshire Medical Center diagnosed that the kids had chemical burns. Out of the 14 kids that took part in the Girl Scout trip, 12 say they experienced chemical burns.

The resort closed last week after a number of visitors, in addition to Baker’s kids, complained of similar symptoms. Massachusetts public health officials found that the level of chlorine in the water used by the park was 10 to 20 times higher than the minimum requirement. They also found that the park lacked the necessary equipment to test how much chlorine was in the water and that one of the park’s hot tubs lacked a thermometer.

Premise owners are obligated to make sure that their properties are safe for visitors, residents, and patrons. When a hazardous condition exists on a premise that results in human injuries or death, the injured parties can claim damages by filing a premises liability or another type of personal injury claim or lawsuit.

The park will not be reopened until it passes a retest.

If you or someone you love has sustained an injury while on someone else’s premise, one of our Boston, Massachusetts personal injury lawyers would be happy to help you determine whether you have grounds to file a case. Our premises liability attorneys represent clients throughout Massachusetts.

Chlorine Exposure
Chlorine is often used as a water purifier and is found in pools and water rides. Exposure to high levels of chlorine, however, can result in injuries, including:

• Coughing
• Dizziness
• Nausea
• Problems breathing
• Bluish skin coloring
• Chemical burns
• Blisters or swelling to the skin
• Burning eyes
• Severe eye pain
• Blurred vision
• Burning sensation in the throat
• Tissue injury
• Vomiting
• Pneumonia
• Lung collapse

Water-resort injuries may lead to lawsuit, Nashuatelegraph.com, March 7, 2008


Related Web Resources:

CoCo Key Water Resort

Significance of Chlorine in the United States, EPI.state.nc.us

Chlorine, CDC.gov

Continue reading "Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries" »

March 8, 2008

Series of School Bus Accidents Raise Issues of Children’s Safety

A recent string of school bus accidents across the United States have caused parents to question the safety of the transportation vehicle normally considered the safest type of transportation for school kids.

Just this week, three people were injured, including one student on Friday near Zoarville, Ohio, when a school bus was involved in a multi-vehicle collision.

On Monday, a Georgia school bus carrying 27 junior and high school students overturned on the drive to school. 11 children were taken to the hospital for medical attention. Injuries included back and neck injuries.

On Tuesday, in Harrisonburg, Virginia, 28 people suffered injuries in a multi-crash collision involving a car and two school buses because the 70-year-old bus driver of one of the buses ran a traffic signal.

Last month, four students died and 14 people were hurt in Minnesota when a school bus struck a van and then a pickup truck before tipping over.

On February 27, five junior high school students were seen by hospital staff because they were involved in a rollover collision that occurred because the driver turned the bus too fast.

The National Highway Traffic Safety Administration says that 25.1 million kids ride 474,000 school buses to and from school throughout the United States. In 2005, 8,000 children sustained injuries in a school bus accident. Some 17,000 kids are treated in emergency rooms because of school bus crashes.

Common causes of school bus-related injuries include:

• School bus crashes
• Kids getting off the bus and being struck by the bus or an approaching motor vehicle
• Children slipping and falling on the buses
• Kids getting hurt when the driver steps on the breaks or turns to quickly


Common causes of school bus accidents:

• Speeding
• Driver inattention
• Driver inexperience
• Lack of driver training
• Poor road conditions

Federal law does not require that school buses provide seat belts for kids.

If your child was injured in a school bus accident anywhere in Massachusetts, one of our Boston, Massachusetts motor vehicle crash attorneys can discuss your case with you. You and your child may be able to recover personal injury compensation for the harm that all of you have suffered.


3 injured in TV school bus, car collision, Timesreporter.com, March 7, 2008

Concerns for Kids' Safety on the Rise After Spate of Yellow Bus Accidents, FoxNews.com, March 5, 2008


Related Web Resources:

National Highway Traffic Safety Administration

National Coalition for School Bus Safety

Continue reading "Series of School Bus Accidents Raise Issues of Children’s Safety" »

March 7, 2008

US Government Wants $3.1 Wrongful Death Verdict of Quincy Fisherman Allegedly Killed by James “Whitey” Bulger Overturned

The U.S. government is asking a federal appeals court to overturn a wrongful death verdict awarding $3.1 to the family of Quincy fisherman John McIntyre for his murder. McIntyre was allegedly murdered by FBI Informants James "Whitey" Bulger and Stephen "The Rifleman" Flemmi.

The government says the FBI is not responsible for the actions of their rogue agent, John J. Connolly Jr., who they accuse of betraying them when he notified the two informants that McIntyre was cooperating against them—resulting in the Quincy man’s murder.

The government says that Connolly crossed the line and became a criminal by betraying the FBI. The rogue FBI agent also allegedly received over $200,000 in bribes from Flemmi and Bulger.

McIntyre’s family, however, says the FBI knew that Connolly may have leaked the information to the two men but overlooked the agent’s illegal activities.

Court Judge Kermit V. Lipez has suggested that the FBI ponder its habit of “turning a blind eye” to the criminal activities of the two informants, who provided valuable information to the government about the Mafia.

The outcome of McIntyre’s wrongful death lawsuit is the first ruling against the government by the victims of Bulger and Flemmi.

In 2006, US District Judge Reginald C. Lindsay found that McIntyre was murdered because the FBI mishandled the two informants. He ordered the U.S. government to pay McIntyre’s mother and brother $3.1 million.

Flemmi, who has pled guilty to 10 murders and is serving a life sentence, admits to persuading McIntyre to go to a house in South Boston, after receiving the information from Connolly. At the home, McIntyre was interrogated, choked, and then shot.

If someone you love has died because of the negligence or recklessness of an entity or another person, one of our Boston, Massachusetts wrongful death lawyers can explore your legal options with you.

Witness says he lied during trial of man convicted in murder, Boston.com, March 5, 2008

US asks voiding of $3.1m award in slaying of Quincy fisherman, Boston Globe, March 4, 2008


Related Web Resources:

FBI found liable for Bulger, Flemmi, Boston Globe, September 26, 2008

Flemmi ties Connolly to 2 slayings, Boston Globe, October 15, 2003

Federal Bureau of Investigation

Continue reading "US Government Wants $3.1 Wrongful Death Verdict of Quincy Fisherman Allegedly Killed by James “Whitey” Bulger Overturned" »

March 6, 2008

Massachusetts Judge Approves Record $6 Million Medical Malpractice Settlement In Baby Birth Injury Case

In Massachusetts's Worcester Superior Court, a judge has approved a $6 million dollar medical malpractice settlement to be paid to Bruce and Susan Hanks and Jacob M. Hanks for the birth injuries suffered by Jacob. The settlement amount is the largest pretrial settlement amount ever approved in a medical negligence case filed in Massachusetts.

The Hanks family, from Dudley, had accused three doctors and five nurses at UMass Memorial Medical Center—Memorial Campus of not performing a Cesarean delivery in a timely manner for Jacob on December 29, 2000.

The plaintiffs are Dr. David Klein, Dr. Paul S. Dunn, Dr. Jacqueline Rendo and nurses Lisa Champagne-Lynch, Maureen Vancelette, Nancy Kolodziejczak, Paula Whynot and Kathleen Clifford. All of the defendants have denied acting negligently. If their insurers had not agreed to pay the $6 million settlement, the trial for the medical malpractice lawsuit would have begun next week.

Because of the delay, the plaintiffs say that Jacob did not have a heartbeat for more than 20 minutes. He now will have to live with permanent brain damage, as well as development, cognitive, and behavioral problems. He also lives at a residential school.

The majority of the $6 million will be placed in a trust for Jacob.

It can be devastating for parents to find that their child that should have been born healthy suffered serious and/or permanent damage because of the negligence or carelessness of a medical professional.


Birth injuries can include:

Brain injuries
• Brachial palsy
• Facial paralysis
• Broken bones
• Shoulder dystocia
• Caput succedaneum

A child who has suffered severe birth trauma may require special and ongoing care for life. The costs for this type of care can be astronomical.

Our Boston, Massachusetts medical malpractice lawyers can explore your options with you and determine whether you have grounds to file a birth injury lawsuit and recover compensation for the harm that was suffered by you and your child.

$6M settlement in baby case a Bay State record, Telegram.com, March 1, 2008


Related Web Resources:

Birth Injury, University of Virginia Health Systems

Birth Trauma, EMedicine.com

UMass Memorial Medical Center

Continue reading "Massachusetts Judge Approves Record $6 Million Medical Malpractice Settlement In Baby Birth Injury Case " »