SELECTED CASES

Salem Court Library

 

 

SELECTED VERDICTS OBTAINED BY ATTORNEY GONTHIER-KIELY

• $4,694,450 loss of chance verdict and $7,549,142 judgment in connection with 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 damages for loss of chance of survival under the new mathematical formula set forth in Matsuyama and the companion case, Renzi, which was a loss of chance verdict obtained by Attorney Gonthier-Kiely and Attorney Sheehan under the old loss of chance law.

• $4,366,000 verdict and judgment in excess of $7,000,000 for negligence, breach of contract and lack of informed consent against Brigham & Women’s Hospital 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 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 permanent heart block and the need for permanent pacemaker.

• $2,800,000 verdict and $4,122,838.97 judgment for loss of chance of survival in the Renzi case, which involved a 48 year old 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 while adopting a new mathematical formula for damages. The case was later settled for $1,000,000 in addition to $1,500,000 settlement during trial.

• $2,215,000 verdict for negligent administration of an excess dosage of Marcaine for labor pain, causing the mother to suffer from short-term memory loss.

• $1,631,238 verdict and $2,760,691 judgment, 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 thereby endanger the public, thereby expanding liquor liability.

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

• $1,000,000 medical malpractice verdict for an 80-year-old gentleman who had died before trial of unrelated causes, 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.

SELECTED SETTLEMENTS BY ATTORNEY GONTHIER-KIELY

• $9,000,000 settlement paid to the wife and two children 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 as a result of the defective design of the pedestrian handrails lining a curved stretch of the Big Dig highway. (Products liability and construction negligence)

• $4,650,000 settlement for parents of a 19-year-old killed in a motorcycle collision with pedestrian handrails installed on the blind curve of Ramp SA-CT during the Big Dig Project, without speed limit, curve and motorcycle warning signs. (Products liability and construction negligence)

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

• $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 upon by blood alcohol level. (Premises 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 need for radical radiation treatment, causing brain injury. (Medical malpractice)

• $2,000,000 settlement for the death of a 32-year-old woman with one son, who suffered from extreme obesity and whose pulmonary embolus went undetected. (Medical malpractice)

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

• $2,000,000 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 which was alleged to be caused by housing wrap which was unreasonably dangerous due to slipperiness which exceeded that of tar paper, the wrap which carpenters had been accustomed to. (Products liability)

• $1,750,000 settlement for a cab driver who after suffering a diabetic coma, lost control of his cab and suffered the amputation of his arm when he collided with the stainless steel pedestrian handrails dangerously positioned along the 93 South stretch of the Big Dig project. (Products liability and Construction negligence)

• $1,500,000 settlement for the surviving spouse and two young sons of a 32-year-old man who died after several ER visits from pulmonary edema and congestive heart failure associated with congenital cardiomyopathy which he did not know he had. (Medical malpractice)

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

• $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 policy limit settlement in a fall from a balcony of a 72-year-old woman, rendering her paraplegic. (Premises liability/Slip and fall)

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

SELECTED SETTLEMENTS BY ATTORNEYS GONTHIER-KIELY AND SHEEHAN

• $4,650,000 settlement for parents of a 19-year-old killed in a motorcycle collision with pedestrian handrails installed on the blind curve of Ramp SA-CT during the Big Dig Project, without speed limit, curve and motorcycle warning signs. (Products liability and Construction negligence)

• $2,800,000 verdict and $4,122,838.97 judgment for loss of chance of survival in the Renzi case, which involved a 48 year old 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, while adopting a new mathematical formula for damages. In lieu of a second trial, the case was settled for $1,000,000 in addition to the $ 1,500,000 settlement during trial. (Medical malpractice)

• $2,500,000 million settlement for a delay in diagnosis of nasopharyngeal cancer case, resulting in need for radical radiation treatment causing brain injury.

• $1,750,000 settlement for a cab driver who suffered a diabetic coma caused is cab to go out of control, resulting in a collision with pedestrian handrails dangerously positioned on 93 South during the Big Dig Project, causing the amputation of his arm. (Products liability and Construction negligence)

• $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)