Although our physical office is closed we are working from home. Do not hesitate to call or email us. Thank you and stay safe.

Verdicts & Settlements

$2,400,000.00
Motorcycle accident at construction site

$1,800,000.00
Child burned in basement explosion

$1,675,000.00
Wrongful death claim against a truck company

$350,000.00
Rear-end car accident with back injury

$260,000.00
Rear-end car accident with neck injury

$255,000.00
Trip and fall on defective brick walkway at fast food restaurant suffering a broken arm, elbow, and two teeth.

$250,000.00
Motorcycle accident with leg injury

$250,000.00
Injuries sustained from cutting down a tree on a friend’s property

$240,000.00
Post-traumatic stress disorder from viewing crane collapse at construction site

$195,000.00
Slip and fall on snow and ice

$190,000.00
Soy milk contamination

$165,000.00
Injuries sustained in MVA resulting in surgery

$155,000.00
Pedestrian police officer struck by drunk driver

$150,000.00
MVA claim for 8 yr old boy against a truck company

$137,500.00
Horse riding accident with multiple injuries

$125,000.00
Tractor trailer accident with minor cognitive injuries

$120,000.00
MVA involving vehicle operated by hospital employee

$112,500.00
Fell through hole in floor of construction site suffering knee injury

$100,000.00
Motor vehicle accident resulting in surgery

$100,000.00
Wife struck at mailbox by husband turning car into driveway

$100,000.00
Trip and fall due to raised asphalt in crosswalk of grocery store

$100,000.00
Police officer injured in fall from unguarded landing

$100,000.00
Police officer injured elbow breaking up bar fight

$100,000.00
Police officer injured in rear-end motor vehicle accident by intoxicated driver

$80,000.00
Dog attack resulting in surgery and permanent scarring

$75,000.00
Passenger on coach bus injured after falling from seat and suffering wrist injury

$75,000.00
Child suffered windpipe laceration requiring surgery after swallowing small toy

$65,000.00
Dog attack resulting in surgery and permanent scarring

$60,000.00
Trip and fall over cables running across floor of restaurant

$500,000.00
Death following Achilles tendon surgery
(Workers' Compensation)

$325,000.00
Gas worker sustained back injury requiring multiple surgeries (Workers' Compensation)

$300,000.00
Certified nurse’s aide sustained back injury requiring multiple surgeries (Workers' Comp)

$200,000.00
Work-related heart attack
(Workers' Compensation)

$200,000.00
Electrical shock and burns (plus third party recovery) (Workers' Compensation)

$150,000.00
Farmer suffered broken ankle
(Workers' Compensation)

$150,000.00
Work-related motor vehicle accident with shoulder injury (Workers' Compensation)

$125,000.00
Grocery clerk suffered back strain
(Workers' Compensation)

$125,000.00
Clerk who was sexually harassed by supervisor
(Workers' Compensation)

$125,000.00
PTSD following gas explosion
(Workers' Compensation)

$125,000.00
Bus driver developed PTSD after hitting pedestrian (Workers' Compensation)

$125,000.00
Registered nurse with latex allergy
(Workers' Compensation)

$125,000.00
Fall aggravated pre-existing multiple sclerosis
(Workers' Compensation)

$112,500.00
Utility worker injured shoulder
(Workers' Compensation)

$112,500.00
Fall aggravated pre-existing arthritis
(Workers' Compensation)

$ 65,000.00
Clerk developed bilateral CTS from repetitive keyboard use (Workers' Compensation)

$ 65,000.00
Back injury from repetitive lifting
(Workers' Compensation)

$ 50,000.00
Shoulder injury from slip and fall outside of work (Workers' Compensation)

Published on:

In many instances in which a person is harmed by a corporation, the person will be a citizen of one state, while the corporation will be recognized as a citizen of another state. Thus, in many cases in which a plaintiff seeks damages from a corporation, the case will either be filed in or removed to federal court. Simply because a case is filed in or removed to a federal court does not mean that the court can properly exercise jurisdiction over a matter, however. This was discussed in a recent Massachusetts case in which the District Court assessed whether it had sufficient grounds to exercise jurisdiction over the corporate defendant under the Massachusetts long-arm statute. If you sustained harm due to corporate negligence, it is prudent to meet with a skillful Massachusetts personal injury attorney to discuss what compensation you may be able to recover.

Factual Background

It is reported that the plaintiff’s decedent used the defendant’s cleaners and solvents for automobile parts throughout the duration of his career as a mechanic in Florida. He subsequently was diagnosed with myelodysplastic syndrome and leukemia, which he ultimately died from. The plaintiff then filed a lawsuit against the defendant in Massachusetts state court, alleging the defendant knowingly sold products that contained carcinogens, and that the decedent’s exposure to those products ultimately resulted in his death. The defendant removed the case to the District Court and then filed a motion to dismiss. On review, the court denied the defendant’s motion.

Jurisdiction Under the Massachusetts Long-Arm Statute

For a court to exercise personal jurisdiction over a defendant, a plaintiff must first satisfy the Massachusetts Long-Arm Statute (the Statute). Under the Statute, a court may exercise personal jurisdiction over a company that has its principal place of business in Massachusetts or causes a tortious injury in Massachusetts, either directly or through an agent. A plaintiff alleging jurisdiction based on a tortious injury must demonstrate that a tortious act occurred in Massachusetts. A court evaluating where the harm occurred will assess whether the defendant’s contact’s within the state should be considered the first event in a chain of events that led to the plaintiff’s harm.

Continue reading →

Published on:

A person suffering from disabilities that prevent the person from holding gainful employment may be eligible for Social Security Disability Benefits. While physical disabilities preclude many recipients of Social Security Disability Benefits from working, mental disabilities can impair a person’s ability to work as well, and evidence regarding mental impairments should not be disregarded. This was discussed in a recent Massachusetts case in which the court overturned the final decision of the Social Security Administration Commissioner on the grounds the decision was not supported by substantial evidence under the Social Security Act. If you are suffering from a mental impairment, you should speak to a trusted Massachusetts Social Security Disability attorney to discuss what benefits you may be eligible to obtain.

Factual Background

It is alleged that the plaintiff filed for Social Security Disability Benefits in July 2016, due to physical and mental disabilities. His application was denied and after a subsequent hearing, the denial was affirmed. The plaintiff then filed a motion to reverse the Social Security Administration Commissioner’s final decision, while the Commissioner filed a motion to affirm the final decision. Upon review, the court granted the plaintiff’s motion and remanded the case for further proceedings.

Evidence of Mental Health Conditions

On appeal, the plaintiff argued that the Commissioner failed to consider important evidence regarding the plaintiff’s mental health issues prior to affirming the denial of the plaintiff’s application for benefits. While the court found that several of the plaintiff’s arguments fell short, the court agreed that the hearing officer improperly discounted the opinions of the plaintiff’s treating provider.

Continue reading →

Published on:

Under Massachusetts law, a plaintiff seeking to recover damages from a defendant in a car accident case must not only prove that the defendant caused the accident, but also that the plaintiff suffered actual harm due to the accident. As such, if a plaintiff cannot establish that he or she sustained injuries in a car accident, the jury may find in favor of the defendant, as shown in a recent Massachusetts case in which an appellate court affirmed the jury’s ruling. If you were harmed in a car accident caused by someone else’s reckless driving, it is in your best interest to speak to a capable Massachusetts car accident attorney regarding what evidence you must produce to recover compensation.

Facts of the Case

It is alleged that the defendant struck the plaintiff’s vehicle as the defendant was turning left out of a gas station. The plaintiff admitted that she was either not moving or moving at a rate of fewer than five miles per hour when the accident occurred, and there was minimal damage to either vehicle. The plaintiff ultimately filed a personal injury lawsuit against the defendant, alleging that the defendant was negligent and that her negligence caused the plaintiff to suffer a concussion, tinnitus, exacerbation of back and neck pain, and vertigo. Following a trial, the jury found in favor of the defendant. The plaintiff filed a motion for a judgment notwithstanding the verdict or for a new trial, which was denied. The plaintiff then appealed, and on appeal, the appellate court affirmed the trial court ruling.

Overturning a Jury’s Verdict Under Massachusetts Law

Under Massachusetts law, a plaintiff asking a court to overturn a jury verdict on the grounds that the jury’s ruling constitutes an error as a matter of law faces a high burden. Specifically, if the court finds that any evidence from any source demonstrates circumstances from which an inference could be drawn in favor of the non-moving party, the verdict will not be disturbed. The verdict is especially high when the plaintiff is the party challenging the jury’s verdict, as the plaintiff bears the burden of proof.

Continue reading →

Published on:

In many instances in which a person is injured by a harmful product, the person will be able to pursue multiple claims against the entities responsible for designing, manufacturing, and distributing the product. If a plaintiff alleging multiple claims in a product liability case is unable to prove one claim, however, it may preclude the plaintiff from recovering under other claims. This was discussed in a recent Massachusetts lawsuit in which the plaintiff sought to recover damages caused by defective transvaginal surgical mesh, but voluntarily waived her breach of the warranty of merchantability claim, resulting in the dismissal of her negligence claims. If you suffered harm because of an unsafe product, it is advisable to confer with a knowledgeable Massachusetts personal injury attorney to discuss what damages you may be owed.

Facts of the Case

It is alleged that the plaintiff underwent surgery in 2008, during which the defendant physician implanted transvaginal surgical mesh. About five years after the surgery, the plaintiff began experiencing pelvic pain, suffered unintended weight loss, and lost the ability to be intimate with her partner. She subsequently filed a complaint in multi-district litigation, asserting claims of strict liability, breach of express warranty, strict liability failure to warn, breach of an implied warranty, and negligence. She subsequently waived numerous claims, including her claims for breach of warranty. The defendants then filed a motion for summary judgment, asking the court, in part, to dismiss the negligence claim. Upon review, the court granted the defendants’ motion as to the negligence claim.

Negligence and Breach of the Warranty of Merchantability

Under Massachusetts law, a plaintiff pursuing a negligence claim in a product liability case must prove that the defendant breached the warranty of merchantability to recover under the negligence claim. In other words, while a defendant may be found to breach the warranty of merchantability without being deemed negligent, the opposite is not true.

Continue reading →

Published on:

Passengers of planes are not immune to injury, but when their injuries are caused by another party’s intentional or negligent act, it may not always be clear when and where their claims must be filed. This was demonstrated in a recent ruling issued by a Massachusetts district court, in which the court affirmed the dismissal of the plaintiff’s claims due to the plaintiff’s failure to file an action within the time constraints set forth under the Montreal Convention, which establishes the requirements for pursuing certain claims against airlines. If you were injured during a flight, it is advisable to speak to a skillful Massachusetts personal injury attorney regarding what steps you may be able to take to protect your interests.

Facts Regarding the Plaintiff’s Harm

It is reported that the plaintiff, a Massachusetts resident, embarked on a flight on a plane owned by the defendant airline. The flight departed from Boston and landed in London the following day. During the flight, a flight attendant accused the plaintiff of stealing luggage. Thus, without the plaintiff’s consent, his belongings were searched, and he was detained on the plane after it landed, and in the airport in London until it was determined he did not take the missing luggage.

Allegedly, approximately three years later, the plaintiff filed a lawsuit against the defendant in a Massachusetts court, which the defendant moved to the district court. The defendant then filed a motion to dismiss, arguing that the plaintiff’s claims were governed exclusively by the Montreal Convention, and were therefore barred by the applicable statute of limitations. The district court agreed with the defendant’s reasoning, granting the motion. The plaintiff then appealed.

Continue reading →

Published on:

It is not uncommon for surgeons in Massachusetts to implant medical products such as artificial joints, valves, and mesh in their patients. Unfortunately, however, medical products, like other products, often have dangerous defects that cause serious injuries to the people they are intended to help. Thus, many product liability cases arise out of harm caused by defective medical devices. In Massachusetts, whether a plaintiff can recover damages from the manufacturer of a medical product depends, in part, on whether the physician employing the product was advised of the risks associated with its use, as discussed in a recent case. If you were harmed by a defective medical product, you should contact a knowledgeable Massachusetts personal injury attorney to discuss what claims you may be able to assert against the parties responsible for your harm.

Facts of the Case

It is alleged that the plaintiff underwent surgical implantations of mesh devices manufactured by the defendant on two separate occasions, to treat cystocele, prolapse, and rectocele. The mesh eroded over time, and the plaintiff subsequently underwent a procedure to remove the mesh. It could only be partially removed, however. The plaintiff suffered from ongoing issues due to the remaining mesh and the erosion, including pain, scarring, infection, difficulty walking, and painful urination. The plaintiff and her husband subsequently filed a lawsuit against the defendant, asserting numerous claims, including negligence. The defendant filed a motion for summary judgment as to all claims, which the court granted in part and denied in part.

Liability for Defective Medical Products Under Massachusetts Law

The court ultimately ruled that the plaintiff set forth sufficient grounds to proceed to trial on her negligence claim. Specifically, the court noted that under Massachusetts law, a manufacturer of a product could be held liable for harm suffered by a user of the product, if the harm was caused by the manufacturer’s failure to use reasonable care in warning of the dangers associated with using the product. In other words, a manufacturer has a duty to warn consumers of a known risk of harm.

Continue reading →

Published on:

Workplace injuries are common, and in many instances, they render the injured parties unable to work. Frequently, however, people injured at work are entitled to workers’ compensation benefits. Generally, such benefits continue until an employee’s injuries resolve. In cases in which it is disputed whether symptoms are work-related, an employee’s disability benefits may be terminated, however. Recently, a Massachusetts appellate court discussed what an employee alleging workers’ compensation disability benefits were wrongfully ended must prove in order for the benefits to be reinstated. If you were injured at work, it is in your best interest to speak to a skilled Massachusetts workers’ compensation attorney regarding what benefits you may be owed.

Factual Background

It is reported that the claimant, who was a librarian for a law firm, suffered a back injury while working in March 2014. She began attending physical therapy in June 2014, which caused her to miss two days of work, and left work permanently in December 2014. Due to her injury, she sought and received disability benefits from her employer’s workers’ compensation insurer.

Allegedly, in September 2015, the claimant’s employer filed a complaint asking to terminate the claimant’s disability benefits. Following a hearing in October 2016, an administrative judge found that the claimant was totally disabled from December 2014 through December 2015, and partially disabled from December 2015 through September 2016, but that any disability after that time was not work related. Thus, her benefits were discontinued. The claimant appealed, and a reviewing board affirmed, after which the claimant appealed to State appellate court. Continue reading →

Published on:

In most cases in which a party alleges harm due to someone else’s negligence, the injured party is required to prove the acts or omissions of the defendant constituted a breach of the duty owed to the plaintiff. In some cases, however, a defendant who is guilty of violating a law may be deemed negligent as a matter of law. Recently, the United States District Court for the District of Massachusetts discussed the standard for determining whether a person found guilty of violating a criminal statute may be deemed negligent based on the violation. If you or someone you love were injured by someone during the commission of a crime, it is prudent to consult a skillful personal injury attorney to discuss what you can do to protect your interests.

The Underlying Accident

It is reported that the plaintiff’s decedent was stopped on a bridge because her car had a flat tire. She called for assistance, and while she was waiting, twenty-four vehicles passed her car. The defendant driver, however, struck the rear of the decedent’s car when he was driving a truck over the bridge, which caused the car to burst into flames. The decedent ultimately died due to injuries sustained in the collision. The plaintiff filed a lawsuit against the defendant and his employer, alleging negligence and gross negligence, as well as wrongful death claims. The parties both filed motions for summary judgment. The plaintiff sought, in part, to have the defendant driver deemed negligent as a matter of law due to the fact that he was convicted of motor vehicle homicide due to negligent operation.

Collateral Estoppel in Civil Cases

Under Massachusetts law, anyone that causes the death of a person by operating a vehicle negligently can be convicted of homicide by a motor vehicle. Specifically, the statute requires the Commonwealth to show that the defendant operated a vehicle on a public road, in a negligent or reckless manner that endangered the lives and safety of other people and subsequently caused the death of another person.

Continue reading →

Published on:

When a person retains an attorney for any legal matter, it is critical that the person communicate candidly with the attorney to prevent the unwitting waiver of the right to pursue other claims. This was demonstrated in a recent case in which the court dismissed a plaintiff’s product liability lawsuit due to his failure to disclose his potential claims against the company that manufactured the product in a prior bankruptcy proceeding. If you were injured by a defective product, it is wise to meet with a knowledgeable Massachusetts personal injury attorney as soon as possible to discuss what measures you can take to protect your right to seek compensation.

Facts Regarding the Plaintiff’s Injury and Bankruptcy Proceeding

It is reported that in April 2018, the plaintiff purchased a battery-operated skateboard that was manufactured by the defendant. Two months later, while he was riding on the board, it suddenly shut off, causing him to be thrown into the air. The plaintiff sustained a concussion and shoulder injuries in the fall, which necessitated a trip to the emergency room. He subsequently suffered from headaches, memory loss, and back and neck pain due to his injuries. He emailed the defendant on the day of his accident and multiple times thereafter regarding the accident and the potentially defective nature of the board.

Allegedly, in October 2018, the plaintiff filed for Chapter 7 bankruptcy. In the course of his bankruptcy proceedings, he was required to list any claims he had against any other parties, including accidents, regardless of whether a lawsuit had been filed. He did not list the skateboard accident, however. In February 2019, the plaintiff’s debts were discharged, and his bankruptcy case was closed. The plaintiff then filed a lawsuit against the defendant asserting numerous claims and seeking $10 million in damages. The defendant filed a motion for summary judgment, asserting that judicial estoppel barred the plaintiff’s claims.

Continue reading →

Contact Information