January 15, 2007
Largest Verdicts & Settlements 2006
88 settlements of $1 million or more
1. $435 MILLION
Schering-Plough agrees to settlement
Schering-Plough Corp. pled guilty to conspiracy to settle a federal investigation into its drug sales and marketing practices and its clinical trial programs. Schering-Plough said it will pay $255 million to resolve civil aspects of the previously disclosed investigation. Schering Sales Corp. will pay a criminal fine of $180 million and plead guilty to one count of conspiracy under the agreement.
2. $310 MILLION
MBTA pays to make system more handicapped accessible
Plaintiffs' counsel: Daniel S. Manning, Taramattie Doucette and Todd S. Kaplan, Greater Boston Legal Services; Anthony L. Bolzan, Dechert, Boston
The Massachusetts Bay Transportation Authority agreed to pay $310 million over the course of five years to make its system one of the most accessible in the country to disabled riders as a result of a class-action lawsuit over access, according to The Boston Globe.
3. $186 MILLION
Amgen, hospital reach agreement
Plaintiff's counsel: John Keker and Susan Harriman, Keker & Van Nest, California; Paul G. Cushing, Partners HealthCare, Boston; Daniel P. Tighe, Griesinger, Tighe & Maffei, Boston
Amgen Inc. agreed to pay Massachusetts General Hospital $186 million, The Boston Globe reported, to eliminate future North American royalty payments on the drug Enbrel. Combined royalties from Enbrel accounted for nearly 75 percent of the hospital's $90 million in licensing fees, according to its annual report. The drug's creation stemmed from research done at MGH led by a Harvard University researcher. The hospital signed a licensing agreement with Immunex Corp., the Seattle-based company that initially developed Enbrel in the 1990s.
4. $87 MILLION
Deal reached in dispute over cellular phone billing
Plaintiff's counsel: William Price, Quinn, Emanuel, Urquhart, Oliver & Hedges, Los Angeles
A company that provides cellular phone billing services reached an $87 million settlement of a patent infringement case. The company said with co-defendant Freedom Wireless that they had reached an agreement under which Boston Communications Group Inc. would pay $12.6 million in royalties to license technology used for prepaid cellular phone billing plans. The $12.6 million is part of BCGI's $55.3 million obligation to settle all outstanding claims from Freedom. The remaining $32 million from the $87 million settlement was due from BCGI's co-defendants.
5. $70 MILLION
Pharmaceutical companies accused of manipulating prices
Plaintiffs' counsel: Thomas M. Sobol, Hagens, Berman, Sobol, Shapiro, Cambridge
A $70 million settlement was part of a massive multidistrict litigation against dozens of pharmaceutical companies alleging fraudulent manipulation of "average wholesale prices" used as benchmarks for reimbursement of prescription drug costs. The case alleged that defendants reported fraudulent AWPs, causing Medicare Part B beneficiaries and insurers to pay inflated prices for certain medications.
6. $42.5 MILLION
Light co. recovers from former supplier
Plaintiff's counsel: Kenneth M. Barna and David C. Fixler, Rubin & Rudman, Boston
The Reading Municipal Light Co. recovered $42.5 million from its former energy supplier, the Calpine Corp., ensuring that the company's 28,000 customers would not see a rate increase because of the corporation's bankruptcy, according to The Boston Globe. The Calpine Corp. provided 400 million kilowatt hours of electricity to the company every year before declaring bankruptcy. Its contract was scheduled to run through October 2007. The contract required funds to be set aside in an escrow account to ensure rate stabilization if Calpine could no longer provide electricity and the company was forced to find new energy providers at higher rates.
7. $42 MILLION
Fidelity to pay after probe into gifts
Fidelity Investments said it would pay more than $42 million to its mutual funds after a review found that its traders had "misdirected" business to brokers who gave them expensive gifts, according to Reuters. The review found that Fidelity failed to properly supervise employees who accepted gifts.
7. $42 MILLION
Private bank subsidiary recovers initial investment
Plaintiff's counsel: Patrick T. Jones and Peter J. Schneider, Cooley, Manion, Jones, Boston
The plaintiff corporation, a subsidiary of a Central American private bank, entrusted the defendant investment adviser with two separate purchases of $20 million each, intended for investment in low-risk, long-term, zero-coupon bonds backed by the U.S. government. The defendant allegedly diverted the entirety of the purchase amounts and retained them, distributing them among various shell corporations. The defendant allegedly forged statements to reassure his clients that the funds had been used for their intended purpose.
9. $23.2 MILLION
Convention Center, design team settle their differences
Plaintiff's counsel: Robert J. Kaler, Brian J. O'Rourke Jr. and David Himelfarb, McCarter & English, Boston
The Massachusetts Convention Center Authority and the design team behind the structure reached a settlement under which the authority received $23.2 million. The board that oversees the authority voted to approve $22 million in cash from HNTB/Vinoly Architects, the design team on the Boston Convention and Exhibition Center. Though the $800 million convention center came in under budget, problems were discovered during its construction, including problems with the roof, waterproofing, and the heating and ventilation system.
10. $22 MILLION
Alleged patent infringement yields settlement
Plaintiff's counsel: Wayne L. Stoner and Vinita Ferrera, WilmerHale, Boston
The case alleged infringement of a Massachusetts General Hospital/Palomar patent on light-based hair removal.
11. $17.2 MILLION
Parents settle after gas explosion kills daughters
Plaintiffs' counsel: Edward M. Swartz and Alan L. Cantor, Swartz & Swartz, Boston
The plaintiffs' two daughters were killed when the apartment in which they were living was destroyed by a gas explosion. The girls were buried in the rubble. One of the components of the gas line was found separated after the incident. The Massachusetts Materials Research concluded that the fitting must have separated either because of damage sustained in the explosion or because an "unknown external force" had been applied before the explosion. Evidence established that the defendant had observed the corroded condition of the fitting several months before the explosion.
12. $16.7 MILLION
Company circulates false ad about competitor
Plaintiff's counsel: Lee Carl Bromberg, Julia Huston and Lisa M. Tittemore, Bromberg & Sunstein, Boston
Brook Mays, a music retailer, circulated a false advertisement, or ISO alert, about First Act Inc., a company that designs and sells musical instruments at affordable prices through mass merchants. The ad said that First Act's instruments were of poor quality. The publication of the ad had a devastating effect on First Act, which experienced lost sales and increased returns. A jury awarded First Act $20.7 million. A judge then ordered a remittitur of $4.56 million, reducing the jury verdict to $16.2 million before prejudgment interest. The case then settled for $16.7 million.
13. $12 MILLION
Homeowners eligible for refunds under agreement
Plaintiff's counsel: Attorney General Thomas F. Reilly, Boston
Up to 15,000 Massachusetts homeowners may be eligible for refunds from the parent company of mortgage lender Ameriquest Mortgage Co., which agreed to pay a $325 million nationwide settlement to settle investigations into its practices. Massachusetts' portion of the settlement is about $12 million. The settlement was reached between ACC Capital Holdings Corp., owner of Ameriquest Mortgage Co., and attorneys general.
14. $10 MILLION
Snelgrove family settles with gun manufacturer
Plaintiff's counsel: Patrick T. Jones, Cooley, Manion, Jones, Boston
The family of Victoria Snelgrove settled its $10 million wrongful-death suit against the manufacturer of the pepper-pellet gun that Boston police fired into a crowd during the 2004 Red Sox pennant celebrations, killing the 21-year-old college student, according to The Boston Globe. The Snelgroves agreed to drop all of their claims against gun maker FN Herstal USA. The City of Boston cooperated with the Snelgroves in their suit against FN Herstal. In return, the Snelgrove family agreed that the city could receive half of any award paid by the gun manufacturer, but no more than $2 million.
15. $8.6 MILLION
Boston Edison to pay for cleanup of hazardous materials
Plaintiff's counsel: Attorney General Thomas F. Reilly, Boston
Boston Edison Co. agreed to pay $8.6 million for the past and future cleanup of hazardous materials at the Boston Convention and Exhibition Center. The settlement required other defendants to pay an additional $500,000 for cleanup work on land near the convention center. The complaint alleged that the South Boston property was operated as a junkyard from 1950 to 1980, and that junk electrical equipment from Boston Edison contaminated with PCBs was disposed of at the property. The settlement reimburses the state and convention center authority for costs already spent on the cleanup, as well as future costs incurred to address remaining subsurface contamination.
16. $8.4 MILLION
Five trapped in office die after building engulfed in flames
Plaintiffs' counsel: Neil Sugarman, G. Thomas Pauling and Stephen K. Sugarman, Sugarman and Sugarman, Boston; Lisa G. Arrowood and Jeffrey N. Catalano, Todd & Weld, Boston; Charles W. Barrett Jr. and Jon M. Jacobs, Esdaile, Barrett & Esdaile, Boston
Five occupants of a four-story building were trapped when a fire started and spread quickly, resulting in their deaths. The building was destroyed and the victims' bodies were removed from the debris several days later. A sixth victim died later from smoke inhalation injuries. The plaintiffs alleged that the deaths were caused by poor building construction, numerous building code violations, and the failure to install a required fire alarm system in the common areas of the building.
17. $8 MILLION
Worker severely injured when platform collapses
Plaintiff's counsel: Norman S. Zalkind and William VanLonkhuyzen, Boston
The plaintiff bricklayer was injured when the platform on which he was working collapsed at a construction site. The plaintiff sustained a burst fracture at T11-T12, resulting in incomplete paraplegia, neurogenic bowel and bladder and loss of sexual function. The plaintiff allegedly lost future earnings of $1.7 million; incurred past medical bills of $289,000 and future medical expenses of $413,000; and lost household services of $213,000. The defendant scaffolding subcontractor, general contractor and scaffolding supplier brought a third-party claim against the plaintiff's employer, a masonry subcontractor. The defendants denied liability and disputed the amount of damages.
18. $6.6 MILLION
Plaintiffs agree to deal in clergy sex-abuse suits
Plaintiff's counsel: Commonwealth Mediation and Conciliation, Inc., Brockton and Boston
All 88 people who were offered arbitration to settle clergy sex-abuse claims for between $5,000 and $200,000 agreed to the settlement deal, the Archdiocese of Boston said. Kelly Lynch, a spokeswoman for the archdiocese, said the 88 people were offered the chance to participate in a first round of arbitration. Lawyers for the plaintiffs complained that the amount of money offered by the archdiocese to the alleged victims was too low. The average of $75,000 per claim offered to the latest plaintiffs compares with an average of about $153,000 paid to 554 plaintiffs in an $85 million settlement in 2003.
19. $6.3 MILLION
Money recovered for Bleidt investors
Plaintiff's counsel: Kevin Fitzgerald, Steven N. Fuller and Jeffrey Gilbreth, Nixon Peabody, Boston
The law firm working on behalf of a court-appointed receiver in the Bradford Bleidt fraud case said it recovered $6.3 million for the more than 125 investors Bleidt swindled, according to The Boston Globe. Boston money manager Bleidt was sentenced to 11 years and three months in prison for cheating clients of $30 million. With Bleidt having limited assets, Nixon Peabody pursued broker-dealer firms that Bleidt had relationships with, arguing that the firms had an obligation to supervise him. The firms agreed to pay Bleidt's victims $6.3 million. In return, the victims waived their claims to sue the firms.
20. $5 MILLION
Utility company pays for cleanup of site
Narragansett Electric Co. agreed to reimburse the commonwealth's costs in cleaning up a hazardous waste site in Attleboro. A century ago, the site was an undeveloped area at which waste generated by a coal gasification plant operated by a predecessor of Narragansett Electric had been dumped and buried. The waste contained the toxin ferric ferrocyanide. In the 1970s and early 1980s, a portion of the area was developed for residential use. The homeowners were unaware of the large quantities of sludge below the surface. The DEP cleaned up the site and in 1987 sued the company to recover its costs.
20. $5 MILLION
Fetal distress leads to birth injury
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The plaintiff went into labor at 41 weeks gestation. Pitocin was started, and, soon after, the first defendant ruptured the plaintiff's membranes, which revealed light meconium stained fluid, a sign of fetal distress. The Pitocin was stopped but then restarted. Throughout labor, the fetal heart rate pattern was worrisome, and the defendants increased the Pitocin until delivery. The plaintiff's son was born limp and blue with meconium below the cords. The son was diagnosed with hypoxic ischemic encephalopathy secondary to severe perinatal asphyxia.
22. $4.2 MILLION
Newborn sustains significant brain injury
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The 48-year-old plaintiff conceived triplets via in-vitro fertilization. At 20 weeks, the plaintiff was admitted for pre-term labor and was diagnosed with Insulin-dependent gestational diabetes. At 31 weeks, the plaintiff was readmitted in pre-term labor. A nurse noted that one of the babies displayed a low heart rate. Records indicated decelerations in the fetal heart rate patter. It took one defendant 20 minutes to respond to a distress call, and another defendant admitted that she failed to recognize the signs of distress upon delivery. The baby was neurologically damaged and remains severely developmentally delayed.
22. $4.2 MILLION
Investment co. pays to settle case
Boston-based Evergreen Investments agreed to pay $4.2 million to settle a case in which it was accused of improperly promoting its mutual funds and sending brokers on luxury trips, according to The Boston Globe.
24. $4.03 MILLION
Biker waiting in crosswalk crushed by boom lift
Plaintiff's counsel: Burton A. Nadler and Jeffrey P. Petrucelly, Petrucelly & Nadler, Boston
The plaintiff's decedent was in a crosswalk at an intersection, straddling her bicycle and waiting for the red light to turn green. An articulating boom lift, where the operator was in the basket 36 feet behind the front of the boom lift, drove down the street and, from behind the plaintiff's decedent, ran her over and killed her. The operator did not observe the decedent while making a right turn when the left front tire rolled over her and crushed her. The plaintiff alleged that the manufacturer of the boom lift failed to have audible beeper alarms to warn anyone near the machine of its potential danger and failed to provide appropriate warnings to tell the driver not to drive on a public way without a lookout or spotter; and that the machine failed to operate at a safe speed.
25. $4 MILLION
Use of Pitocin cited in injury to baby
Plaintiff's counsel: Andrew C. Meyer Jr. and Krysia J. Syska, Lubin & Meyer, Boston
The plaintiff was admitted to the hospital with complaints that she had been leaking small amounts of fluids. Pitocin was ordered. The nurse noted decreased long-term variability, but no steps were taken to expedite the delivery. Pitocin was increased despite the fact that, in view of signs of fetal hypoxia, increasing Pitocin was inappropriate. The baby's heart rate dropped and did not recover. The baby was diagnosed with hypoxic ischemic encephalopathy, severe metabolic acidosis and respiratory depression, and she suffers from brain damage.
26. $3.73 MILLION
Girl has leg amputated after being hit by van
Plaintiff's counsel: Michael E. Mone Jr. and Michael E. Mone, Boston
As the plaintiff was waiting for a bus, she was struck by a van driven by the defendant, who worked for a national home service company and its local subsidiary. He drove his van through a red traffic light at an excessive rate of speed, collided with another vehicle, a traffic light and the brick wall beside which the plaintiff was standing. The van ultimately struck the plaintiff, pushing her into the brick wall. The driver was convicted of operating negligently so as to endanger. The plaintiff underwent surgical amputation of her left leg below the knee.
27. $3.7 MILLION
Falsely imprisoned man seeks damages on release
Plaintiff's counsel: Howard Friedman and Jennifer L. Bills, Law Offices of Howard Friedman, Boston; Peter Neufeld and Jennifer Laurin, Cochran, Neufeld & Scheck, New York
The defendant city and two city police officers settled a civil rights lawsuit brought by the plaintiff, who was wrongly convicted of a 1989 rape and imprisoned for 10 years. The plaintiff brought an action for damages against the defendant city, the city's deputy superintendent of the police department and a former senior criminalist in the city's police department. DNA testing proved that the plaintiff was innocent. The plaintiff asserted damages for the 10 years he lost in prison, as well as the lifelong effects of his incarceration, including post-traumatic stress disorder and depression.
28. $3.5 MILLION
Ex-housing chief agrees to plea deal
The former executive director of the Springfield Housing Authority agreed to pay the bulk of $4.4 million in restitution after squeezing cash, bribes and major home renovations from the agency, according to The Springfield Republican. Raymond B. Asselin pleaded guilty to racketeering, conspiracy and tax evasion. Asselin admitted to fleecing the authority for millions of dollars to outfit his homes and those of his children, The Republican reported.
29. $3.4 MILLION
Bar settles after drunk minor crashes car
Plaintiff's counsel: Jeffrey N. Roy and Paul E. Ravech, Ravech & Roy, Boston
The plaintiff went with friends to a small bar. Despite the fact that they were minors, they were not asked for identification. The driver, with the plaintiff in the passenger seat, began driving erratically and traveling in excess of 60 mph. The driver failed to negotiate a curve and wrapped the car around a telephone pole on the passenger side. The driver was charged with operating under the influence, but went to Ireland to escape prosecution. The plaintiff alleged that the defendant bar was negligent in serving alcohol to the driver.
30. $3.32 MILLION
Couple dies of smoke inhalation in hotel blaze
Plaintiff's counsel: Patrick T. Jones and Peter J. Schneider, Cooley, Manion, Jones, Boston
A married couple died from smoke inhalation caused by a hotel fire in a guest room several floors beneath theirs. Seeing thick smoke outside their room, the husband and wife retreated to the bathroom of their unit, barricaded themselves and were overcome by smoke and fumes that had traveled through the vent system. The decedents' estates claimed that the hotel lacked an adequate emergency response, failed to give proper instructions, violated applicable fire and other municipal codes, and otherwise failed to reasonably respond to the emergency situation. The hotel asserted that its other guests were able to evacuate safely and that the husband and wife had erred by retreating to their bathroom.
31. $3.2 MILLION
Man awarded for wrongful conviction
A man who spent six-and-a-half years in prison after a faulty fingerprint match led to his conviction for shooting a Boston police officer was awarded $3.2 million by the city. Stephan Cowans was exonerated by DNA evidence through the New England Innocence Project and freed in January 2004. A man shot the officer twice with the officer's gun after a scuffle, then fled into a nearby home, where he briefly held a mother and her two children hostage. He drank from a glass of water before fleeing, leaving a fingerprint that police later mistakenly matched to Cowans. Cowans was sentenced to 35 to 50 years in prison.
32. $3 MILLION
Biogen Idec counsel settles with SEC
The former legal counsel at Biogen Idec Inc., who resigned amid an insider trading investigation, reached a $3 million settlement with federal securities regulators. The settlement requires Thomas J. Bucknum to give up $1.9 million in profit plus pay a penalty of $969,000 and $102,000 in interest. Bucknum also was barred from serving as a director or officer of a publicly traded company for five years. Bucknum resigned as Biogen Idec's legal counsel amid a regulatory inquiry into his sale of 89,700 shares of Biogen Idec stock the same day the company said it learned of patient illnesses that led to the withdrawal of its multiple sclerosis drug Tysabri from the market.
32. $3 MILLION
Motorist suffers brain injury from collision with trailer
Plaintiff's counsel: John R. Fox, John M. Vlassakis and Thomas J. DiBiase, Law Offices of Joel H. Schwartz, Boston
The plaintiff was operating her vehicle when the defendant, coming from the opposite direction, lost control of his vehicle in snowy conditions and caused a collision. The defendant claimed that the plaintiff crossed over into his lane of travel, causing the accident. The plaintiff located a witness who confirmed that the defendant, operating a utility trailer, lost control and the trailer portion swung into the plaintiff's lane. The plaintiff underwent treatment for her traumatic brain injury.
32. $3 MILLION
Baby born with Group B strep suffers cerebral palsy
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The plaintiff arrived at the hospital at 28 weeks' gestation with a rupture of membranes and an elevated temperature, which led the defendants to diagnose an inflammation of the membranes that cover the fetus. A review of the fetal monitor found a change in heart pattern that was not reassuring. The plaintiff was not taken to the operating room for a Caesarean section until one hour after a nurse notified the defendants of the fetal heart tracing. The baby was diagnosed with cerebral palsy, is legally blind and is developmentally delayed.
35. $2.9 MILLION
Electrician shocked by live wire while changing light fixture
Plaintiff's counsel: Andrew M. Abraham and Paul K. Baker, Baker & Abraham, Boston; Chris O'Connor, Rainer & O'Connor, Revere
While changing a device located adjacent to a florescent light fixture, a white wire carrying 277 volts of electricity came into contact with the back of the plaintiff's head. At the same time, the front of the plaintiff's head touched the metal fixture, grounding him and resulting in electrical shock. The white wire was live due to a missplice in a junction box. The plaintiff claimed the missplice was created by the defendant, an electrical contractor that had worked in the space one year before the accident.
36. $2.8 MILLION
AG recovers from Zurich
Plaintiff's counsel: Glenn Kaplan, Quentin Palfrey, Arwen Thoman and Danielle Wood, Attorney General's Office, Boston
As a result of a multi-state settlement with Zurich American Insurance Co., Massachusetts received $2.8 million. The payment stemmed from the company's involvement in a bid-rigging scheme in which Zurich allegedly paid undisclosed contingent commissions to insurance brokers and conspired with certain insurance brokers in a "pay-to-play" scheme to overcharge customers for insurance policies.
37. $2.74 MILLION
Negligence cited in delivery of baby
Plaintiff's counsel: Patrick T. Jones and Donna R. Corcoran, Cooley, Manion, Jones, Boston
The plaintiff asked for pain medication while in labor and was given Nubain, despite the absence of a reassuring fetal heart tracing. The newborn was delivered by Caesarean section, diagnosed with hypoxic ischemic encephalopathy, and developed neonatal seizures secondary to hypoxic ischemic injury with decreased hematocrit, hypotension, hypoglycemia and metabolic acidosis. The plaintiffs claimed the negligence of the defendants caused the baby to suffer in utero hypoxic ischemic encephalopathy, consequent cerebral palsy and severe permanent sequelae.
38. $2.55 MILLION
Home builder: permit denied due to bias
Plaintiff's counsel: Peter S. Brooks and Peter Alley, Seyfarth Shaw, Boston
A Middlesex Superior Court jury returned a verdict against the defendant town, its building inspector and a member of the Board of Selectman for violations of federal and state civil rights laws. The plaintiff, a home builder, alleged that he was denied building permits for discriminatory reasons, and that his substantive due process rights were violated. Compensatory and punitive damages of approximately $1.5 million were awarded. While a post-trial motion to assess attorneys' fees and interest was pending, the parties reached an agreement to settle the case for $2.55 million.
38. $2.55 MILLION
Patient's fracture not diagnosed; loses ability to walk
Plaintiff's counsel: Phyllis P. Ryan, Donald W. Blakesley and Michael J. Chieco, Pellegrini, Seeley, Ryan and Blakesley, Springfield
The plaintiff arrived at the emergency room with full cervical restraints after her air bag deployed, but she was discharged after the on-call radiologist read a negative CT scan. Prior to being discharged, the plaintiff was unable to stand on her own. That information was never relayed to the emergency room physician who had signed the discharge papers. The plaintiff returned to the hospital after she woke up unable to move her legs. A review of the CT scan from the previous night confirmed an undiagnosed fracture. The plaintiff underwent emergency surgery and rehabilitation. The plaintiff is unable to walk and has limited use of her upper body.
40. $2.5 MILLION
Child diagnosed with spastic diplegia; delay in birth blamed
Plaintiff's counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The minor plaintiff suffered a permanent neurological injury allegedly as a result of the defendants' failure to recognize and respond to fetal heart rate abnormalities. Premature rupture of the membranes was confirmed. As labor progressed, problems with the baby's heart rate developed. The fetal heart rate was noted to have dropped and essentially remained at that level until the defendants decided to do an emergency Caesarean section. The minor plaintiff was born severely bruised and profoundly depressed. The child now carries the diagnosis of spastic diplegia.
40. $2.5 MILLION
Turnpike settles Big Dig labor dispute for $2.5M
The Massachusetts Turnpike Authority agreed to pay one of its private project managers $2.5 million to settle contested labor rate charges on the Big Dig. The charges date from 1999 to 2001 and had gone to arbitration. The money will go to Parsons Brinckerhoff Quade and Douglas Inc., one of the project's private managers.
42. $2.3 MILLION
(guaranteed payments of $3.92 million over 20 years)
Ironworker falls to his death at construction site
Plaintiff's counsel: Patrick T. Jones and Peter J. Schneider, Cooley, Manion, Jones, Boston
An ironworker fell approximately 65 feet to his death during the construction of a new building when a piece of structural steel fell from the perimeter of the roof and pulled him to the ground below. The plaintiff brought a claim against the general contractor and a subcontractor who had obtained the steel fabrication and erection contract; the claim alleged substandard planning, monitoring and supervision of the work and an unsafely designed double connection at the location of the structural steel, which failed.
43. $2.16 MILLION
State receives millions from tobacco settlement
Plaintiff's counsel: Attorney General Thomas F. Reilly, Boston
Massachusetts received $2.16 million under a $55.4 million multi-state settlement with House of Prince A/S and Scandinavian Tobacco S.I.A. The settlement resolved a dispute over enforcement of the 1998 Master Settlement Agreement, which requires tobacco manufacturers that signed the agreement to make annual payments to states to compensate them for billions of dollars in health care costs with treating tobacco-related diseases under Medicaid programs. The settlement resolved a dispute over whether cigarettes manufactured by Scandinavian Tobacco were subject to the MSA's payment requirements.
44. $2.1 MILLION
Carpenter hit by car that entered Big Dig work zone
Plaintiff's counsel: Thomas M. Greene and Ilyas J. Rona, Greene & Hoffman, Boston; Maureen Counihan, Law Offices of Maureen Counihan, Burlington
The plaintiff union carpenter and another employee were performing night work on the Big Dig Project in Boston when they were struck by a motor vehicle that entered a closed work zone at highway speeds. The work zone had been closed by three-foot plastic cones. The plaintiff required multiple surgeries, leaving him unable to return to his occupation. In addition to suing the motor vehicle operator, who pled guilty to operating under the influence of alcohol, the plaintiff sued the Big Dig Project's management consultant, alleging that it was negligent in failing to protect him from passing motorists and that the failure was a contributing cause of the accident.
44. $2.1 MILLION
Worker dies when crane collapses on construction site
Plaintiff's counsel: Claudine A. Cloutier, Keches & Mallen, Taunton
The plaintiff's husband was killed when a crane collapsed on a construction project. The plaintiff filed negligence claims against the general contractor, the owner of the crane and one of the subcontractors involved in the steel erection on the project. Products liability claims were filed against the manufacturer of the crane as well as the crane dealer, and a workers' compensation claim was filed before the Department of Industrial Accidents. The negligence claims were settled for $2.1 million. In connection with that settlement, the workers' compensation claim was also settled for an additional $200,000, with waiver of any lien or offset rights.
46. $2 MILLION
Newborn severely injured during delivery
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The pregnant plaintiff had noted decreased fetal activity and the defendant obstetrician was notified. A defendant nurse had difficulty obtaining a fetal heart rate tracing. There was no indication that the obstetrician took further steps to confirm fetal well-being or evaluate the fetal heart rate before the initiation of the Pitocin. Despite findings indicative of fetal intolerance to labor, the defendant continued the Pitocin and increased the dose periodically. The baby was diagnosed with hypoxic ischemic encephalopathy, right parieto-occipital infarct, question of bifrontal cerebral ischemic changes and seizures.
46. $2 MILLION
City settles wrongful conviction suit
A former Marlborough resident who spent 10 years in prison on a rape conviction before being exonerated by DNA testing settled his lawsuit against the city for $2 million. A woman was raped several times by an apparently drunk man who came to her apartment to ask for a glass of water as she was on her patio potting plants. Eric R. Sarsfield's suit claimed that he and the victim were "manipulated, cheated, and betrayed by law enforcement officers more interested in closing a case and getting a conviction than in playing by the rules and serving justice." He was convicted and sentenced to 10 to 15 years in prison. He was paroled in June 1999, and the next year DNA tests cleared him and the conviction was vacated.
46. $2 MILLION
Newborn left with physical, mental impairments
Plaintiff's counsel: Andrew C. Meyer Jr. and William J. Thompson, Lubin & Meyer, Boston
During labor, the plaintiff claimed there was a significant change in the fetal heart rate tracing with a question of a sinusoidal pattern. The plaintiff then claimed there were late decelerations on the fetal heart rate tracing, which continued and rapidly progressed to severe fetal bradycardia. The defendant was called at 3:15 p.m. but did not arrive until 3:43 p.m. Residents attempted to deliver the baby but were not successful. A forceps delivery was performed by the defendant 42 minutes after the fetal distress first developed.
46. $2 MILLION
Patient suffers brain damage during exploratory surgery
Plaintiff's counsel: Kenneth I. Kolpan, Law Office of Kenneth I. Kolpan, Boston
The plaintiff underwent exploratory laparotomy because of possible internal bleeding. Shortly after incision, the plaintiff's heart rate dropped below 50 and he became hypotensive. CPR was started, but the plaintiff suffered two cardiac arrests. A defibrillator was applied twice. The plaintiff sustained hypoxic brain damage. The plaintiff alleged that the defendants failed to promptly and properly respond to the deterioration of his vital signs, and that the defendants failed to address his deteriorating condition by rapid administration of appropriate medications, insertion of a central line, thoracotomy and turning off the anesthesia agents.
46. $2 MILLION
Newborn suffers brain injury when heart rate plummets
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
A newborn suffered a brain injury when the defendant obstetrician allegedly was unavailable to perform an emergency Caesarean section. The plaintiffs claimed that the defendant obstetrician, who was asleep at home, failed to come to the hospital for what he knew or should have known would likely be a rapid labor and delivery. The plaintiffs also claimed that the labor nurses failed to summon the doctor at critical times during the labor. When the fetal heart rate dropped to a dangerously low level, the doctor was called, came to the hospital and delivered the baby by vacuum extractor. The minor suffers from severe perinatal depression and developmental delays.
46. $2 MILLION
Undiagnosed pneumonia leads to woman's death
Plaintiff's counsel: Robert Higgins and Mark Collier, Lubin & Meyer, Boston
A 38-year-old died as a result of respiratory failure and sepsis due to pneumonia. The plaintiff presented medical expert testimony that the defendant emergency room physician was negligent in failing to order a chest X-ray and blood work on an obviously ill-appearing woman. The decedent developed adult respiratory distress syndrome, suffered intestinal bleeding, continued to have liver and kidney difficulties, and developed pancreatitis. An autopsy showed that she died because the pneumonia was allowed to invade her blood stream and cause her organs to shut down.
52. $1.9 MILLION
Cleaner suffers arm paralysis after fall
Plaintiff's counsel: Philip J. Puglisi, Bigelow & Puglisi, Boston
The plaintiff was allegedly directed by his supervisor to climb into the attic of a building in order to clean stage lighting fixtures. While in the attic, the plaintiff plunged through an abandoned trap door and fell 15 feet. The plaintiff was diagnosed with multiple injuries, including fractures to his ribs and shoulders. The right shoulder injury included a brachial plexus disruption that resulted in complete arm paralysis, which required an above-the-elbow surgical amputation one year after the accident.
52. $1.9 MILLION
Doctor pays to settle billing claim
A Cape Cod doctor paid $1.9 million to settle civil claims that he fraudulently overbilled Medicare. Dr. Philip N. Chiotellis and his now-defunct clinic, Cardiac Rehabilitation of Cape Cod, Inc., were sued by the federal government last year on allegations that Medicare was overbilled from 1995 to 2001 for thousands of cardiac rehabilitation services that were improperly coded as more-expensive cardiovascular stress tests. Chiotellis also agreed that his compliance with Medicare billing guidelines can be monitored. When the lawsuit was filed, Chiotellis denied defrauding Medicare.
54. $1.8 MILLION
Worker's foot crushed when Jersey barrier tips over
Plaintiff's counsel: John C. DeSimone and Paul E. Mitchell, Mitchell and DeSimone, Boston; Paul H. Nugent, Nugent & Nugent, Boston
The plaintiff was removing temporary wooden railings along the side of a highway ramp and installing concrete Jersey barriers. The Jersey barriers were being transported and located by an operator of a CAT 320 excavator. Shortly after the excavator had placed down a Jersey barrier and detached it from the excavator, the barrier tipped over in the direction where the plaintiff was working and pinned his left foot against the surface of the deck. The plaintiff suffered a crushing injury to his left foot resulting in multiple surgeries and amputation of his toes and about three inches of the metatarsal bone of his left foot.
54. $1.8 MILLION
Electrician stringing lights falls from truck
An electrician was killed while he was stringing holiday lights on Waltham Common from a cherry-picker truck. He was nearly 70 feet in the air when the truck fell over. The 38-year-old was pronounced dead at the scene. The decedent's wife alleged negligence by a Waltham company that leased the truck and the truck's manufacturer. The lawsuit alleged the companies failed to provide a safe and non-defective lift vehicle. The lawsuit also alleged the decedent hadn't properly been trained to use the lift.
56. $1.75 MILLION
Man succumbs to cancer; blames delayed diagnosis
Plaintiff's counsel: Gregg J. Pasquale and Melissa A. White, Keches & Mallen, Taunton
The plaintiff presented to his primary care physician with congestion, a cough and right-sided chest pain and was diagnosed with pneumonia. His physician did not order additional studies. The plaintiff was then seen by the physician for a routine examination. A chest X-ray revealed the presence of a cavitating lesion. Another chest X-ray revealed the presence of two large masses within the right upper lobe. The plaintiff was eventually diagnosed with metastatic disease to the lumbar spine.
56. $1.75 MILLION
Infant in day care diagnosed with shaken baby syndrome
Plaintiff's counsel: William E. Bernstein and Richard T. Tucker, Bernstein, Burwick & Tucker, Worcester; Sean C. Murray, Murray & Murray, Worcester
An 11-week-old suffered seizures while in the care of her home-based day-care provider. She was diagnosed as suffering from shaken baby syndrome. The plaintiff brought a battery and negligence claim against the home-based day-care provider, alleging that the agency that she contracted with and its employees were negligent in its supervision of the provider. The defendants denied that the day-care provider inflicted the injuries. The defendant day-care provider was never criminally prosecuted.
58. $1.5 MILLION
Woman suffers cerebral hemorrhage during delivery
Plaintiff's counsel: Elizabeth N. Mulvey and Florence A. Carey, Crowe & Mulvey, Boston
One day after delivering her baby, the plaintiff had focusing problems and intermittent epigastric pain. A covering obstetrician ordered a cardiolody consult. Upon exam, the plaintiff was unable to move her left side, had a dilated right pupil and was minimally responsive. A head CT scan showed a large right parietal lobe hemorrhage. The plaintiff was taken to surgery for right parietal and subtotal removal of the intracerebral hemorrhage.
58. $1.5 MILLION
Woman claims melanoma misread as plantar's wart
Plaintiff's counsel: Andrew C. Meyer and William J. Thompson, Lubin & Meyer, Boston
The plaintiff, who at 54 was diagnosed with malignant melanoma, claimed the defendant pathologist misread a biopsy specimen from her foot more than two years before her diagnosis. The defendant denied that the slide was misread, and claimed the plaintiff's malignant melanoma did not appear on the slide. The plaintiff was diagnosed in 2003 with Stage III malignant melanoma, which was subsequently found to have spread to her lungs.
58. $1.5 MILLION
Man's ankle injury leads to leg amputation
Plaintiff's counsel: Edward E. Kelly and Shawn P. O'Rourke, Barron & Stadfeld, Boston
The 34-year-old plaintiff alleged that two orthopedic physicians failed to diagnose and treat an infection in his left ankle, resulting in the amputation of his left leg. The plaintiff also claimed it led to his having heart and shoulder surgery. The defendants denied that that they were negligent in their care and treatment of the plaintiff. They argued that earlier detection of the infection would have made no difference in the overall outcome.
58. $1.5 MILLION
Woman with breast cancer points to delay in diagnosis
Plaintiff's counsel: Marianne C. LeBlanc and Jacqueline Petrillo, Sugarman and Sugarman, Boston
The plaintiff claimed that the defendants negligently treated her after she reported a self-discovered lump in her breast, resulting in a substantial delay in the diagnosis of her breast cancer. The plaintiff claimed the defendant OB/GYN did not refer her for a diagnostic mammogram and did not communicate to the defendant radiologist that there was a mass in the plaintiff's breast. The plaintiff underwent a mastectomy and her survival rate fell from 60 percent to 0 percent.
58. $1.5 MILLION
Urologist admits he misinterpreted ultrasound
Plaintiff's counsel: Annette Gonthier-Kiely, Gonthier-Kiely & Associates, Salem
The plaintiff presented to his physician with right testicular discomfort and was referred to the defendant urologist, who subsequently obtained an ultrasound. The defendant testified that he interpreted his own ultrasounds without obtaining the opinion of a radiologist and held himself out to patients as providing the same level of care as a radiologist. The defendant interpreted the ultrasound as "normal testes bilaterally." The plaintiff contended that at no time was he told that it could be cancer and the testicle must be removed to rule out cancer. At deposition, the defendant admitted that the ultrasound was abnormal. The plaintiff received four cycles of chemotherapy after which he went into a brief remission.
63. $1.4 MILLION
Tugboat crewman, crushed between two barges, dies
Plaintiff's counsel: Thomas J. Hunt, Thomas J. Hunt & Associates, New Bedford
The decedent attempted to rig up running lights on a barge when he fell between two barges and radioed for assistance. After receiving the distress call, the crew searched for him while the mate stopped the engine. Once the engine was stopped, the two barges drifted together, slowly crushing the decedent, and he was pronounced dead at the scene. The plaintiff alleged that the two barges should have been tied to one another with no space left in between for the decedent to fall into, and that the operation of the vessel following the decedent's distress call was improper and contributed to his death.
64. $1.35 MILLION
(with guaranteed payments
of $1.79 million)
Motorcyclist dies of blood loss following accident
Plaintiff's counsel: Patrick T. Jones and Donna R. Corcoran, Cooley, Manion, Jones, Boston
The 35-year-old plaintiff's decedent severely injured his left leg in a motorcycle collision. Heavy blood loss from multiple open fractures and a nearly amputated mid-shaft left femur fracture was noted. The plaintiff alleged that while the decedent was given 6 liters of Crystalloid, Morphine and additional pain medication, the defendant trauma surgeon and defendant resident failed to timely recognize and treat profound hypovolemia.
65. $1.3 MILLION
Five sponges left in patient following gastric bypass
Plaintiff's counsel: Elizabeth N. Mulvey, Crowe & Mulvey, Boston
The decedent was admitted to the hospital for elective gastric bypass surgery to treat morbid obesity. During the operation, there was significant bleeding. The decedent developed a fever and antibiotic therapy was started for a suspected infection following surgery. Exploration of the abdomen identified retained sponges "forming an abscess cavity." A total of five laparotomy sponges were found and removed from behind the spleen. After the sponges were removed, the decedent suffered cardiac arrest and did not survive. The cause of death was attributed to sepsis.
65. $1.3 MILLION
Motorcyclist dies from injuries sustained in collision
Plaintiff's counsel: Patrick T. Jones and Robert A. DeLello, Cooley, Manion, Jones, Boston; Jay F. Theise, Jay F. Theise & Associates, Boston
The 32-year-old decedent was on his motorcycle when he was involved in a collision with another motor vehicle. The plaintiff alleged that the defendant driver failed to yield the right of way, cut in front of the decedent and caused an unavoidable collision. The plaintiff alleged that her husband suffered multiple orthopedic injuries including a right femur fracture, right ankle fracture, left knee dislocation, right hand fracture and a bilateral fracture of his jaw.
67. $1.28 MILLION
Baby suffers permanent injuries during childbirth
Plaintiff's counsel: Patrick T. Jones and Donna R. Corcoran, Cooley, Manion, Jones, Boston; Lee Garrison, Bridgewater
The plaintiffs alleged that their baby's fetal heart rate pattern was nonreassuring during labor, and that the defendant obstetrician failed to perform and/or arrange for delivery by emergency Caesarean section. The baby was brought to the special care unit with seizures. The plaintiffs alleged that as a result of the defendants' negligence, the baby suffered profound permanent injuries, including severe hypoxic ischemic encephalopathy, spastic quadriparesis, seizure disorder, cephalohematoma, subdural hematoma, cerebral palsy, hypotonia and severe global developmental delays.
68. $1.25 MILLION
Drywall finisher injures ankle during mall project
Plaintiff's counsel: Paul F. Leavis and Deborah M. Santello, Leavis and Rest, Boston
The plaintiff drywall finisher was injured while using Baker staging to tape and finish drywall during the renovation of a strip mall. A wheel of the staging went into an uncovered hole in the concrete floor and the staging collapsed, throwing the plaintiff to the ground. The plaintiff suffered fractures that required multiple surgical procedures. He was unable to return to work as a drywall finisher. The plaintiff brought a negligence claim against the general contractor, alleging that it was responsible for overall job site safety.
68. $1.25 MILLION
Man discharged from ER; later dies from aneurysm
Plaintiff's counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
The plaintiff's decedent complained of chest pain, tightness, nausea and shortness of breath. An emergency room physician found that an initial EKG was normal and all lab work was within normal limits and determined that the decedent did not suffer a heart attack. The decedent was discharged with instructions to return to the emergency room for recurrent abdominal pain, chest pain or shortness of breath. The decedent was then found unresponsive at home. The cause of death was cardiac tamponade from a ruptured dissecting ascending aortic aneurysm.
70. $1.2 MILLION
Older workers get benefits in settlement with state
Older public employees who were denied or discouraged from applying for disability payments after being injured on the job have been paid the benefits that had been wrongfully denied them under a settlement with the state. The EEOC lawsuit against the state was filed on behalf of workers who said they were discriminated against because of their age. The original settlement required the state to try to identify any older workers who might have been denied disability retirement or who might have simply been discouraged from applying.
70. $1.2 MILLION
Worker falls from tractor-trailer while loading fuel
Plaintiff's counsel: John J. Morrissey, Quinn and Morris, Boston
The plaintiff was injured when he fell off his tractor-trailer while loading fuel at a terminal. The plaintiff alleged negligence based on a defective loading arm at the facility and the absence of adequate fall protection during the loading process. Discovery revealed that the defendant had a safety policy requiring the use of fall protection by its own employees and required the use of a harness and lanyard to tie off or surround the work platform with safety rails. The defendants alleged the problem with the fill pipe was well known to the plaintiff and could have been avoided by the use of a spray solvent available at the terminal.
72. $1.14 MILLION
Information technology services company settles complaints
Plaintiff's counsel: Barbara A. Robb and Nancy S. Shilepsky, Shilepsky, O'Connell, Casey, Hartley, Michon, Yelen, Boston
Information technology services company Keane, Inc. settled sexual harassment complaints by its vice president of marketing and a former employee that led to the resignation of its president and chief executive, Brian Keane. As part of the settlement with Georgina Fisk, she resigned. Keane resigned after what he called "utterly baseless and false" allegations about his personal conduct that were a distraction for the company founded by his father. The company said Keane denied the sexual harassment allegations but acknowledged personal conduct that reflected poor judgment.
73. $1.1 MILLION
Ironworker falls 30 feet at construction site
Plaintiff's counsel: Jodi M. Petrucelli, Sugarman and Sugarman, Boston
The 53-year-old plaintiff was working on a construction project in downtown Boston when he fell 30 feet, sustaining severe traumatic injuries. He was not wearing fall protection and the parties disputed whether or not it was required. The plaintiff did not remember the fall due to his injuries, and there were conflicting witness accounts. The plaintiff brought claims against the general contractor of the site and argued that the defendant should have been aware that senior ironworkers who learned their trade prior to the creation of fall protection, needed prompting and reminding for its use.
73. $1.1 MILLION
Passenger claims brain injury after elevator accident
Plaintiff's counsel: Andrew M. Abraham and Paul K. Baker, Baker & Abraham, Boston
The plaintiff was taking the elevator from the fifth floor to the lobby of a building in downtown Boston when she and another passenger testified that they felt the elevator go into a free fall and crash into the lobby. The plaintiff brought suit against the building manager, the elevator maintenance company and the elevator installation company. The defendants argued that the accident could not have happened and produced evidence that, if the elevator had gone into a free fall, the safety system would have stopped it. The plaintiff argued that she had a mild traumatic brain injury.
75. $1.01 MILLION
Young mother has stroke while delivering twins
Plaintiff's counsel: Lisa G. Arrowood and Jeffrey N. Catalano, Todd & Weld, Boston
When the plaintiff was 28 weeks' pregnant, she was evaluated by the first defendant for complaints of severe headaches with vomiting, equilibrium problems and blurred vision. The first defendant noted that there was a possible history of a stroke during a prior pregnancy.
When the plaintiff underwent a Caesarean section to deliver her twins, she suffered a grand mal seizure and lost consciousness during the delivery of the placenta. Tests confirmed that the plaintiff had suffered a second stroke. The plaintiff suffered permanent neurological impairment, including right-sided paralysis.
76. $1 MILLION
Doctors' reading of pap smear blamed for woman's death
Plaintiff's counsel: Philip J. Crowe Jr. and Michael J. Harris, Crowe & Mulvey, Boston
The plaintiffs alleged that the defendant cytologists and gynecologists provided inadequate and unacceptable care to the plaintiff when they failed to accurately identify abnormalities in her submitted tissue pap smear specimens and failed to render accurate pathological diagnoses, directly causing her to suffer a premature and preventable death from cervical cancer at age 42.
The defendants maintained that their interpretation of the slides complied with the accepted standard of care, and nothing they did or failed to do caused or contributed to the plaintiff's death.
76. $1 MILLION
Surgical sponge left in patient during C-section
Plaintiff's counsel: James G. Ellis, Ellis Law Offices, Worcester
The plaintiff underwent an emergency Caesarean section, and during the course of the procedure a surgical sponge was left within her abdomen. One month later, the plaintiff became very ill and presented with colonic obstruction. She underwent emergency surgery to remove the sponge, which had migrated into her colon. During the procedure, the plaintiff had a colostomy bag placed and the distal rectum was closed. Following the second surgery, the plaintiff sustained a leak, which required a third surgery. The plaintiff suffered significant infection.
76. $1 MILLION
Mentally retarded woman dies of lithium toxicity
Plaintiff's counsel: Andrew C. Meyer Jr. and Krysia J. Syska, Lubin & Meyer, Boston
A 51-year-old mentally retarded woman died from lithium toxicity. She had been a resident at the defendant residential home until her death. The defendant pharmacy and pharmacist incorrectly filled the decedent's lithium prescription, dispensing lithium carbonate 300-mg. capsules instead of the prescribed lithium carbonate 150-mg. capsules. As a result, the decedent consumed 1,800 mg. of lithium carbonate daily, instead of the prescribed 900 mg. daily dosage.
76. $1 MILLION
Newborn's abnormalities not noted on ultrasound
Plaintiff's counsel: Gregg J. Pasquale and Ann Marie Maguire, Keches & Mallen, Taunton
An ultrasound report indicated the plaintiff's baby's presentation was as a footling breech, but there was no indication that any further evaluation of the fetus was performed. Another ultrasound revealed the baby was in a complete breech presentation. There was a significant discrepancy seen in the growth of the baby's body parts, but there was no further analysis performed. At birth, the baby was noted to have severe congenital abnormalities with small hands protruding from his chest wall and no arms, lower extremities tightly flexed onto the lower abdomen, a horseshoe kidney and thrombocytopenia.
76. $1 MILLION
Bus company pays for wage violations
Plaintiff's counsel: Attorney General Thomas F. Reilly and Assistant Attorney General James Clark, Boston
A Canadian school bus company with a local division in Braintree was cited and paid more than $1 million in restitution and penalties for failing to pay the minimum state prevailing wage to 332 school bus drivers.
76. $1 MILLION
Premature delivery cited for newborn's brain damage
Plaintiff's counsel: Andrew C. Meyer Jr. and Robert M. Higgins, Lubin & Meyer, Boston
At 29-1/2 weeks' gestation, the plaintiff was admitted to Anna Jacques Hospital with pre-term contractions. The defendant ordered Terbutaline by injection, but the plaintiff's contractions persisted. The plaintiff claimed the defendant failed to act properly when he attempted to stop the contractions with the same medication that had proven to be unsuccessful with the plaintiff. The defendant acknowledged that the practice was to transfer to a Boston hospital any patient who was in labor and less than 34 weeks' pregnant. but he opted not to transfer the plaintiff. The minor plaintiff suffers from very low tone, has difficulty walking, and has cognitive and emotional issues.
76. $1 MILLION
Teen: tests would have prevented vision, hearing loss
Plaintiff's counsel: Marc L. Breakstone, Breakstone, White-Lief & Gluck, Boston
The 17-year-old plaintiff presented at her pediatrician's office with severe headaches. She had an elevated white-blood-cell count and other laboratory evidence of infection. No imaging of the head was done. The plaintiff then sought treatment at a local emergency department for neck and abdominal pain, headaches, photophobia, nausea, vomiting, decreased intake and lethargy. Magnetic resonance imaging of the head demonstrated sinusitis and bilateral cavernous sinus thrombosis. The plaintiff was left with blindness in the left eye and hearing loss. She brought a claim against her pediatrician for failing to order appropriate tests.
76. $1 MILLION
Newborn suffers fatal subdural bleed during delivery
Plaintiffs' counsel: Philip J. Crowe and Florence A. Carey, Crowe & Mulvey, Boston
The minor plaintiff's decedent suffered a significant subdural bleed at the time of her delivery, which eventually caused her death. The plaintiffs claimed that the defendants mismanaged the labor and delivery when they failed to recognize the signs of fetal distress in a mother suffering from HELLP syndrome, which required a Caesarean section. The defendants claimed that their treatment met the standard of care and that the injuries were not caused by the labor and delivery.
76. $1 MILLION
Patient dies after heart attacks; uncontrolled blood pressure blamed
Plaintiff's counsel: Francis J. Lynch III and Peter E. Heppner, Lynch & Lynch, South Easton
The decedent had severely elevated blood pressure and some level of impaired renal function. The defendant prescribed blood pressure medications, but the blood pressure was not adequately controlled. Over the next four years, the defendant adjusted the medications, but allegedly never successfully gained adequate control. The decedent developed cardiac issues as a result of the elevated blood pressure, and his renal function continued to deteriorate. The defendant allegedly did not refer the decedent for treatment despite evidence of a worsening condition and deterioration in renal function. Eventually, the decedent died after two heart attacks.
76. $1 MILLION
Patient dies following surgery of aortic aneurysm
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
A 47-year-old died following surgery to repair a ruptured abdominal aortic aneurysm. The defendant had diagnosed the decedent with a back strain and instructed him to take Flexeril; he did not perform a neurological examination. Later, the defendant ordered an MRI of the spine. It was noted that the decedent had a large aneurysm of the distal abdominal aorta with a contiguous left psoas hematoma. The decedent remained critically ill subsequent to the surgery and lost extraordinary amounts of blood. He died as a result of hypovolemia.
76. $1 MILLION
Patient bleeds to death after insertion of catheter
Plaintiffs' counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
A 74-year-old died after placement of a central venous catheter — an IV placed through the neck and intended for long-term use. During the insertion of the catheter, a blood vessel was inadvertently punctured. Chest X-rays taken after placement of the catheter showed a collection of fluid confirming the puncture. The plaintiff claimed the defendants failed to respond quickly enough to the life-threatening emergency and that, as a result, the decedent bled to death.
76. $1 MILLION
Widow: lack of follow-up led to husband's cancer spread
Plaintiff's counsel: Andrew C. Meyer Jr. and Suzanne C.M. McDonough, Lubin & Meyer, Boston
The plaintiff claimed each physician failed to follow up on a known abnormality in her husband's esophagus, allowing his cancer to grow and spread to an incurable stage. The decedent eventually underwent treatment with chemotherapy and radiation therapy. He had a total thoracic esophagectomy, mediastinal lymphadenectomy, cervical esophagogastrostomy, pyloromyotomy and J-tube placement. He ultimately died of metastatic esophageal cancer.
76. $1 MILLION
Despite examination, man dies of cardiac arrest
Plaintiff's counsel: Andrew C. Meyer Jr. and Krysia J. Syska, Lubin & Meyer, Boston
The decedent's past health history was unremarkable except for having high cholesterol and being overweight. The decedent presented to the defendant reporting an eight-hour history of left chest pain that radiated to his left shoulder blade. A physical exam was unremarkable, except for mild tenderness over the left area of his rib. The defendant did not perform an EKG or cardiac work-up. Nine days after visiting the defendant, the decedent suffered a cardiorespiratory arrest. Resuscitative efforts were unsuccessful, and the decedent was pronounced dead.