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When people apply for Social Security Disability benefits, they will typically undergo examinations that result in the issuance of residual capacity forms (RFC), which describe their abilities to work and the extent to which they are deemed disabled. If an administrative law judge does not grant an RFC proper weight or renders a decision that is inconsistent with it, it can adversely impact a claimant’s outcome. Recently, a Massachusetts court discussed how RFCs weigh into administrative law judge’s decisions in social security disability benefits claims, in a matter in which the claimant argued her claim was unjustly denied. If you cannot work due to a disability, you may be able to recover social security benefits, and it is advisable to speak with a trusted Massachusetts Social Security Disability attorney about your options.

The Claimant’s Case

It is reported that the claimant, who is 52-years-old, has a high school education and became disabled in October 2016. She was unable to engage in any substantially gainful activity since she was injured in a fall accident, which is when her disability began. Prior to becoming disabled, she worked as a respiratory therapist, which is listed as a medium exertion and skilled position.

Allegedly, in July 2017, the claimant filed an application seeking social security disability benefits. Based on numerous examinations, she was found to be capable of sedentary work, and in consideration of her age, RFC, and education level, it was concluded that she could engage in other work. Thus, she was deemed not disabled and denied benefits. She appealed. Continue reading →

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Many hospitals receive federal funding. Thus, if an employee of a federally funded hospital commits medical malpractice, any claims for damages must typically comply with the requirements of the Federal Tort Claims Act (FTCA). For example, the plaintiff must set forth the evidence in support of the claim that a federal employee committed malpractice as well as the sum certain that constitutes the plaintiff’s damages. In a recent medical malpractice case filed in a Massachusetts federal court, the court explained what factual information is sufficient to set forth a sum certain as required to proceed with a claim. If you or a loved one suffered harm due to negligent medical care, it is advisable to speak to a diligent Massachusetts personal injury attorney to evaluate what claims you may be able to pursue against your provider.

Factual Background

It is reported that the plaintiff’s decedent, who suffered from an irregular heartbeat, was a patient at the defendant hospital, which was federally funded. The doctors employed by the hospital failed to provide the decedent with a proper evaluation, diagnosis, or care, and she ultimately passed away due to her negligent care. The decedent was in her mid-twenties at the time of her death and left behind a young son and her parents, who filed a medical malpractice claim against the defendant pursuant to the FTCA.

Allegedly, the United States was then substituted as the defendant, due to the fact that the defendant hospital was federally funded. The defendant moved to dismiss the plaintiff’s claims for lack of subject matter jurisdiction, arguing that the plaintiff failed to set forth a sum certain in the administrative claim she filed prior to filing the lawsuit, as required under the FTCA.

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Many students find college challenging and struggle to adapt and succeed. Tragically, some students feel as if they are unable to go on and ultimately die due to suicide. Whether a school that is aware of a student’s mental health struggles can be deemed liable for the student’s death by suicide was the topic of a recent Massachusetts opinion in which the court declined to grant the defendant’s motion to dismiss the plaintiff’s negligence claims. If you or your child suffered injuries while attending a college or university, you might be owed damages, and it is advisable to speak to a Massachusetts personal injury attorney to discuss your rights.

The Plaintiff’s Decedent’s Struggles and Untimely Death

It is reported that the plaintiff’s decedent began attending school at the defendant college when she was sixteen. Shortly after she arrived on campus, she advised a mental health counselor that she had a history of suicidal ideation and self-harm. Throughout her years of attendance, several reports were made regarding concern for her safety, and wellness checks were conducted. The counseling department was advised on several occasions that the decedent was abusing substances as well.

Allegedly, the defendant was also advised that the decedent was sexually assaulted, engaged in acts of self-harm and that she wrote a play in which the lead character ended her own life. The defendant never advised the decedent’s parents of any of the foregoing. The decedent was found dead one morning, and the manner of her death was determined to be suicide. The plaintiffs, the decedent’s parents, filed a lawsuit against the defendant alleging negligence and other claims. The defendant filed a motion to dismiss, arguing it did not owe the decedent a duty.

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People typically rely on their health care providers to be competent and provide them with adequate care. Sadly, though, many doctors fail to exercise sound judgment when treating their patients, and their negligence causes considerable harm. People injured by medical malpractice can recover damages, though, if they can prove that their physicians deviated from the standard of care and that the departure ultimately caused their harm. What a plaintiff must prove to establish causation in a medical malpractice case was the topic of a recent Massachusetts opinion, in a case in which the plaintiff alleged the defendant’s shortcomings led to his wife’s death. If you or a loved one suffered harm because of inadequate medical care, it is smart to meet with a seasoned Massachusetts personal injury lawyer to assess your possible claims.

The Decedent’s Care

Reportedly, the decedent treated with the defendants for symptoms of perimenopause. She was prescribed a progesterone cream but was not advised of the risks associated with using it. The defendant admitted she did not advise the decedent that the cream increased the likelihood of developing blood clots because she did not believe that to be a risk. The decedent used the cream for three years and then began complaining of shortness of breath. She was ultimately diagnosed with a pulmonary embolism and chronic pulmonary hypertension.

Allegedly, she underwent surgery to remove the blood clots from her lungs, but it was unsuccessful. She was then prescribed medication to address the clots, but that did not work either. She died four years later from complications of the disease when she was forty-three years old. Prior to her death, she instituted a lawsuit against the defendants, alleging their negligence caused her harm. The case proceeded to trial, and while the jury found that the defendants were negligent in certain respects, it did not believe the negligence was the proximate cause of the decedent’s harm. Following a verdict in favor of the defendant, the plaintiff appealed. Continue reading →

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Typically, when one car crashes into another, it is due to the negligence of the second driver, and the second driver should be held liable for any harm caused by the collision. In some cases, though, an accident is brought about by a sudden, unavoidable event, and no one will be deemed legally responsible for causing it. This was illustrated in the recent Massachusetts car accident case in which the plaintiff’s claims against the defendant were dismissed despite the fact that the defendant’s vehicle struck the plaintiff at a high rate of speed, causing her to sustain severe injuries. If you were injured in a car crash, it is prudent to meet with a Massachusetts personal injury attorney to determine whether you may be able to assert a claim for damages in a civil lawsuit.

The Subject Accident

It is alleged that the defendant was driving an SUV on a Massachusetts highway, with her friend sitting in the passenger seat when she suddenly lost consciousness. The friend attempted to steer the vehicle to the side of the road but was unable to regain control. The defendant proceeded to speed up and slow down, all while unconscious. She ultimately struck the plaintiff’s vehicle at a high rate of speed, causing the plaintiff to suffer severe injuries. The defendant, who did not regain consciousness after the accident, was injured as well and was airlifted to a nearby hospital.

Reportedly, during the defendant’s admission, it was revealed that she had a benign brain tumor that caused her to suffer a seizure. The plaintiff commenced a lawsuit against the defendant setting forth a negligence claim. The defendant filed a motion for summary judgment, arguing that she could not be deemed negligent because she suffered a sudden medical emergency. The court agreed with the defendant and dismissed the plaintiff’s claims, after which she appealed.

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In Massachusetts, the law requires any person wishing to pursue a medical malpractice action to provide a sufficient offer of proof of liability at the onset of the claim.  Recently, in Moalli v. Genesis Healthcare, the Appeals Court of Massachusetts overturning a trial court’s dismissal of a claim due to insufficient proof, explaining that proof offered will be sufficient if it shows a likelihood that the defendant’s negligence caused the harm alleged.  If you or a loved one was injured due to negligent medical care, you should consult a knowledgeable Massachusetts personal injury attorney to analyze the facts of your case and assess whether you may be able to recover damages.

Facts Surrounding the Decedent’s Illness

Allegedly, the decedent was admitted to the defendant rehabilitation facility following a hospitalization for pneumonia. He was 87 years old at the time of his admission. He was placed in a room with an individual suffering from a Clostridium Difficile (C. Diff) infection. The decedent’s family members were not informed of the infection. Additionally, the decedent’s daughter observed the staff members performing their duties without gloves or gowns. Twelve days after he was admitted the decedent was transferred to another room. He began reporting loose stools and had an elevated white cell count, which was not revealed to the decedent’s family. He was ultimately discharged to an assisted living facility where he continued to be treated for loose stools. Approximately one month after his admission to the defendant facility he was diagnosed with C. Diff. He passed away twelve days later while in hospice. Colitis was listed as one of the significant factors contributing to his death. The plaintiffs, decedent’s family, filed a medical malpractice suit against the defendant facility. The plaintiffs’ complaint was ultimately dismissed for failure to provide sufficient offer of proof of liability. The plaintiffs subsequently appealed.

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Under Massachusetts law, entities that offer means of transportation to the public are known as common carriers. In addition to the general duty of reasonable care imposed on most companies and individuals, the law imposes a duty on common carriers to provide safe transportation for their passengers. As such, if a person is injured while traveling with a common carrier, it may be deemed liable for the person’s harm. Recently, a Massachusetts court addressed the question of whether a company that uses ridesharing applications to connect drivers and passengers is considered a common carrier and, if so, whether it can be held liable for harm caused by drivers using its application. If you were hurt while using a ridesharing service, you may be able to recover damages and should meet with a knowledgeable Massachusetts personal injury attorney to discuss what claims you may be able to pursue.

Facts of the Case

It is reported that the plaintiff used the defendant company’s ridesharing application to hire the defendant driver to transport her to her home in Massachusetts. Instead of taking her home, however, the defendant driver drove the plaintiff to a secluded parking lot where he raped her. The defendant driver was subsequently charged with rape but absconded to another country prior to his criminal trial. The plaintiff then filed a lawsuit, alleging negligence, negligent hiring and supervision, and vicarious liability claims against the defendant company, and assault and battery, and other claims against the defendant driver. The defendant company filed a motion to dismiss, arguing in part that it was not a common carrier and could not be deemed liable for the acts of the driver.

Common Carrier Liability in Massachusetts

In Massachusetts, common carriers are companies that operate any motor vehicle on public roads for the transportation of passengers who choose to purchase the carrier’s services. The goal of common carriers is to provide an affordable means of transportation. Thus, common carriers are obligated by law to provide safe transport for their passengers. The Massachusetts courts have found that this duty includes protecting passengers from harm caused by the intentional torts that are committed by the carrier’s own agents.

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Organized sports often involve some degree of risk of bodily harm. Thus, acts that under normal circumstances may constitute tortious behavior will be deemed acceptable, and people who engage in such activities are typically deemed to waive the right to pursue damages for injuries. There are some exceptions, though, as discussed in a recent opinion set forth by a Massachusetts court in which the grounds for imposing liability for harm sustained during an athletic practice were discussed. If you were hurt while engaging in a hobby, you may be owed damages and should meet with a Massachusetts personal injury attorney to evaluate your possible claims.

The Plaintiff’s Harm

It is alleged that the plaintiff played softball for the team of a Massachusetts university. Prior to joining the team, the plaintiff had to sign a form indicating that she waived her right to pursue damages and released the university and its agents and employees from liability for any harm she might suffer. One day the plaintiff was practicing in an indoor facility where she and her teammates were engaging in batting practice. A teammate hit a ball off of a tee and, in the process, struck the plaintiff in the head.

Reportedly, she suffered a concussion and needed stitches. A few days after the incident, it became clear that the plaintiff sustained significant injuries, as she was having severe symptoms, including difficulty reading.  The plaintiff then filed a lawsuit alleging negligence, gross negligence, and recklessness claims against the teammate that struck her and the university. The defendants filed a motion for summary judgment, and the court granted the motion, dismissing the plaintiff’s claims. She then appealed.

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It is well-established under the law that a plaintiff has the right to choose the forum in which to file a personal injury case. Thus, a court in the jurisdiction where the plaintiff files a case will usually determine the ultimate issues of the matter. In some instances, though, a defendant may argue that another forum is more appropriate and will ask the court to dismiss the matter. The grounds for dismissing a case based on forum non conveniens were recently discussed by a Massachusetts court in a personal injury case in which the plaintiff suffered harm in Greece. If you were hurt by someone else’s reckless acts, you should consult a skillful Massachusetts personal injury attorney to determine what measures you may be able to take to seek damages for your harm.

Factual History

It is reported that when the plaintiff was on vacation in Greece with her husband, she suffered injuries when the boat she was riding in was struck by a boat owned by the defendant, which caused her to require extensive treatment in Greece and the United States. Following the accident, the Greek Port Authority conducted an investigation, which included obtaining thirteen statements from witnesses. The plaintiff subsequently filed a personal injury lawsuit against the defendant, who was a resident of Massachusetts, in the Massachusetts district court. The defendant filed a motion to dismiss on the ground of forum non conveniens.

Dismissing a Case Due to Forum Non Conveniens

The law provides that a plaintiff’s choice of forum should rarely be disregarded. As such, a defendant arguing forum non conveniens bears the burden of establishing that a sufficient alternative forum exists and that the considerations of judicial efficiency and convenience weigh strongly in favor of litigating the case in another forum. The court explained that a sufficient alternative forum exists if the defendant proves that the other forum addresses the type of claims brought by the plaintiff, and the defendant is willing to be served in that forum.

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When an estate document has been created and executed, courts look at the document itself to determine the will of its creator. The great preference in case law is to stay within the “four corners” of the document, but there are occasions when extra evidence is allowed to be considered to show the writer did not intend a certain result to occur in the execution. A family member or another party with legal standing can file suit, alleging that someone exerted undue influence over the creator of the will or the estate holder. Typically, the party alleging this bears the burden of proof, but the law provides exceptions to this general rule. However, there’s a separate burden of proof if one of the parties involved had a fiduciary relationship with the estate holder. In Teves vs. Costa (15-P-1094), the Appeals Court reviewed a Summary Judgment in favor of the defendants, who argued there was no proof they exerted undue influence over the estate holder.

The original action stemmed from a man who lived with his long-time companion, unmarried, for 25 years until she died in 2008.  During the last six years, he and she lived together in a Massachusetts home that is the subject of the litigation. In 1998, he appointed his partner as his attorney-in-fact and her daughter as successor. After his partner died in 2008, her daughter was added as a signatory to his bank accounts, and he lived with the daughter and her husband until a hospitalization in 2009. During this 11-year period, he was isolated from his children and extended family. When his daughter took over his care after the hospitalization in 2009, she discovered he was destitute, even though he had a pension and half a million in common stock after his retirement.

The daughter, as the trustee of his estate, filed suit against the partner’s daughter and her husband for exercising undue influence and exerting control over his bank accounts and property. The primary concern was the $500,000 from the father toward the purchase of a home worth $695,000, for which he received nothing in return. The house was in the name of his partner and the defendants. The estate holder’s daughter and trustee asserted that there was a verbal agreement between her father and the partner’s daughter and son-in-law to repay the estate for the monies provided for the home purchase. Summary judgment was granted in the defendants’ favor, with the probate judge finding there was no evidence that the defendants stood in as fiduciaries or formed a verbal agreement. The trustee appealed, stating there were triable issues.

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