SELECTED CASES

Salem Court Library

 

 

SELECTED VERDICTS AND SETTLEMENTS

• $9,000,000 settlement for family of a State Trooper who lost his life in a motorcycle accident due to multiple traumatic injuries, including the amputation of his left arm, suffered when he collided with the Big Dig pedestrian handrails alleged to be unreasonably dangerous. (Products liability and construction negligence)

• $7,549,142 judgment on $4,694,450 loss of chance verdict for a six-month delay in diagnosis of colon cancer of a young husband and father, the largest medical malpractice verdict of 2010. This case was the first verdict for loss of chance of survival damages under the new mathematical formula set forth in Matsuyama and Renzi, the companion case, which was a loss of chance verdict obtained earlier by Attorney Gonthier-Kiely and Attorney Sheehan under the old loss of chance law. (Medical malpractice)

• $7,000,000 plus judgment on $4,366,000 verdict for negligence, lack of informed consent and breach of contract against cardiologists arising from a failed catheter ablation to correct a non-life threatening arrhythmia in a 39-year-old mother of three. Plaintiff alleged that she did not consent to the last minute switch from the triple board certified Chief of Electrophysiology, whom she had retained, to an inexperienced non-board certified substitute, and that the substitute electrophysiologist negligently failed to respond, within seconds, to warning signs that the heart conduction system was being damaged, by immediately shutting down the radiofrequency waves, resulting in heart block and the need for permanent pacemaker. (Medical malpractice)

• $5,250,00 settlement for a 6-month delay of diagnosis of testicular cancer, against multiple physicians, in a 21-year-old young man who has survived his cancer for more than 5 years. (Medical malpractice)

• $4,650,000 settlement for parents of a 19-year-old young man killed in a motorcycle collision with pedestrian handrails installed on the blind curve of Ramp SA-CT during the Big Dig Project, which had no speed limit, curve or motorcycle warning signs. (Products liability and construction negligence)

• $4,122,838.97 judgment on $2,800,000 verdict for loss of chance of survival for the Estate of a 48 year old wife, mother and teacher whose inflammatory breast cancer diagnosis was delayed six months. Attorneys Gonthier-Kiely and Sheehan served as appellate counsel in Renzi v. Paredes, the companion case to Matsuyama v. Birnbaum, where the Supreme Judicial Court upheld the liability verdict and ordered a new trial under a newly adopted mathematical formula for damages. The case was later settled for $1,000,000 in addition to $1,500,000 settlement just before the jury rendered its verdict. (Medical malpractice)

• $3,900,000 total insurance policy limits for a young man involved in a car/truck accident which rendered him quadriplegic. (Truck/motor vehicle accident)

• $3.9 million dollar judgment on a $2,215,000 verdict for alleged negligent administration of an excess dosage of Marcaine for labor pain, causing the mother to suffer from short-term memory loss. (Medical malpractice)

• $3,750,000 settlement for failure to diagnose a heart attack in a 40-year-old unmarried father of two children, who was sent home and died shortly after reporting to his PCP with complaints of severe left shoulder pain accompanied by vomiting. (Medical malpractice)

• $3,450,000 settlement for 30-year-old young woman rendered paraplegic in a fall from an open loft and ladder at a ski resort condominium which the plaintiff alleged was unreasonably dangerous, while defendants claimed that the fall was due to severe intoxication based on blood alcohol results. (Premises liability)

• $2,760,691 judgment on a $1,631,238 verdict (after a settlement for $270,000 insurance policy limits against the drunk driver), for a young man who suffered a brain injury when hit by a drunk driver who consumed alcohol that a friend obtained at a general store (This case was consolidated with the wrongful death case of the Plaintiff’s girlfriend in the same accident.) Verdicts were affirmed by the Massachusetts Appeals Court in Zinck v. Gateway Country Store, Inc. and Bornstein v. Gateway Country Store, Inc., 72 Mass. App. Ct. 571, 576 (2008), which held that it was foreseeable that the sale of a keg of beer to a minor, who was not the driver, would lead to sharing the beer with friends who might drive drunk and endanger the public, thereby expanding liquor liability.

• $2,500,000 settlement for a 42-year-old divorced mother of two sons for failure to diagnose adenoid cystic carcinoma involving the trachea, resulting in her death. (Medical malpractice)

• $2,500,000 million settlement for a delay in diagnosis of nasopharyngeal cancer case, resulting in brain damage from need for radical radiation treatment. (Medical malpractice)

• $2,200,000 judgment on a $1,100,000 negligence verdict after verdict affirmed on appeal for a 57-year-old junior high school teacher who suffered a fractured hip after falling over a dolly left on premises by Nissen Baking Company for delivery of bread.

• $2,000,000 settlement for the death of a married 32-year-old, extremely obese woman, with one son, whose pulmonary embolus went undiagnosed. (Medical malpractice)

• $2,000,000 settlement for death of an intoxicated driver involved in a single car accident who was presumed uninjured and was not properly worked up.

• $2,000,000 settlement for the family of 34-year-old mother of three children for the delay in diagnosis of breast cancer leading to death. (Medical malpractice)

• $2,000,000 insurance policy limits for a baby who suffered mild cerebral palsy due to negligent vacuum extraction. (Medical malpractice)

• $1,800,000 settlement for a man who suffered brain damage in a fall from a ladder leaning on house wrap was alleged to be unreasonably dangerous due to excessive slipperiness. (Products liability)

• $1,750,000 settlement for a cab driver who, after suffering a diabetic coma, lost control of his cab resulting in a collision with the unreasonably dangerous pedestrian handrails installed in the tunnel during the Big Dig project, causing amputation of his arm. (Products liability and Construction negligence)

• $1,500,000 settlement for death of a 32-year-old man who died from pulmonary edema and congestive heart failure due to congenital cardiomyopathy which was undiagnosed in the Emergency Room. (Medical malpractice)

• $1,500,000 settlement for a woman who had an ankle amputation as a result of alleged negligent management of a severe ankle fracture. (Medical Malpractice)

• $1,400,000 settlement for an automobile accident resulting in death of a 58-year old man. (Motor vehicle accident)

• $1,150,000 medical malpractice verdict in a no offer case for an 80-year- where the Defendant orthopedic surgeon had negligently given Vancomycin prophylactically for a knee replacement surgery, despite having been informed by the patient of a previous adverse reaction to Vancomycin. The Plaintiff suffered Red Man’s Syndrome as a result and had to undergo a lengthy hospitalization. By the time of trial, the Plaintiff had died of unrelated causes, the key witness, the Plaintiff’s caretaker son had predeceased his father and the Plaintiff’s wife had severe Alzheimer’s disease. (Medical malpractice)

• $1,250,000 settlement for a teenager who suffered second and third degree burns sustained when pouring gasoline into an automobile car tank using a gas receptacle from the service station. (General negligence)

• $1,000,000 insurance policy limit settlement for a 72-year-old woman who fell from an apartment balcony when the railing gave out, rendering her paraplegic. (Premises liability/Slip and fall)

• $1,000,000 settlement for the family of a 48-year-old man who died of a heart attack two days after a visit to his PCP. (Medical malpractice)