Job Posting
Adler, Cohen, Harvey, Wakeman & Guekguezian, LLP is currently accepting résumés from attorneys seeking a position as a full time associate in our Boston office. We seek an accomplished, motivated individual with 2-5 years experience in litigation and superior writing ability. Admission to Rhode Island Bar a plus, but not required. The successful applicant will be exposed to all areas of our litigation practice, including professional liability, complex medical malpractice, product liability, toxic exposure cases, and employment and discrimination matters. Please send résumés to Bernie Guekguezian at bguekguezian@adlercohen.com or 75 Federal Street, Boston, MA 02110.
News, views and insights.
Adler, Cohen, Harvey, Wakeman and Guekguezian LLP is always striving to advance the practice of law within our diverse areas of specialty. This section of our website is devoted to sharing our accomplishments with clients, colleagues and other interested parties.
We will continually update this section with items of interest, from articles on important topics and emerging legal issues to news on significant decisions and attorney achievements.
Please check back frequently to view the latest news from Adler, Cohen, Harvey, Wakeman and Guekguezian.
Trials
In September 2011 Ellen Cohen and Gabriel Bell obtained a defense verdict for an Emergency Medicine physician in a case involving the death of an infant. The plaintiff alleged that her baby, who was brought into the ER in respiratory distress, was not properly intubated and managed by the ER staff. The baby coded and was resuscitated in the ER as MedFlight was preparing to transfer the baby to a tertiary care hospital, but he had suffered a hypoxic brain injury, and was subsequently removed from life support. Despite the compelling sympathy for the parents, the defense was able to educate the jury regarding pediatric airway management and intubation in the setting of fulminant respiratory infection, and the jury concluded that the defendant physician had not been negligent.
In May 2011, Attorney Jennifer Herlihy and Attorney Michael Barkley obtained dismissal of all claims asserted against their client, a psychiatrist. The plaintiff alleged that the defendant was negligent in the medications he prescribed and the manner in which he treated the decedent for depression and anxiety, allegedly resulting in the decedent's sudden death from aspiration vomitus following ingestion of alcohol and methadone. On behalf of the defendant, Attorneys Herlihy and Barkley filed a Motion for Summary Judgment on the basis that the defendant's duty of care did not extend to taking the measures that allegedly would have prevented this patient's death, and further that the plaintiff could not sustain her burden of proof in establishing a causal connection between any negligent act or omission by the defendant and the decedent's death. The Court allowed the defendant's Motion, dismissing all claims against the defendant psychiatrist.
In June, 2011 Ellen Cohen won a case at trial behalf of a defendant oral surgeon. It was uncontested that during extraction of an impacted third molar a piece of the metal bur bit broke off and, unknowingly, remained in the tooth socket. The metal fragment was an incidental finding on x-ray many months later when the patient presented to her dentist for what she thought was a cavity. Plaintiff alleged that the oral surgeon or his dental assistants should have known the bur bit had broken; the defendant (who was supported by a pre-eminent oral surgery expert) testified that it was not negligence that neither he nor his assistants were aware that a tiny piece of metal from the bur remained behind, and that this fragment was not near or impacting the nerve and, therefore, caused no harm to the patient. Significant questions were raised at trial relating to the plaintiff's lack of credibility regarding her long delayed claim of pain from this fragment. The jury found the oral surgeon had not been negligent and entered a Judgment in his favor.
In February 2011, Ellen Cohen obtained a defense verdict on behalf of an oral and maxillofacial surgeon following a nine day jury trial in Hampden Superior Court in Springfield, MA. The plaintiff alleged that the defendant was negligent with regard to his removal of an odontogenic keratocyst and third molar in the plaintiff's lower right mandible, and that he failed to adequately follow the patient for a recurrence of the lesion in the years following its removal. The plaintiff alleged that the odontogenic keratocyst recurred several years later and was not timely diagnosed, resulting in the need for extensive mandibular resection surgery with bone grafting, causing permanent disfigurement. The defendant denied all of the allegations and proved to the jury that his care was proper in all respects. The jury returned a verdict in favor of the defendant, finding that he was not negligent in his care and treatment of the plaintiff.
In March 2011, Ellen Cohen and Gabriel Bell obtained a defense verdict on behalf of an internist following a fourteen day jury trial in Suffolk Superior Court in Boston, MA. The plaintiff alleged that the defendant was negligent in failing to diagnose her deceased husband's multiple myeloma, a rare cancer of the plasma cells in bone marrow. The defendant denied all of the allegations and proved to the jury that his care of this complicated patient, who had multiple, significant, chronic medical conditions was thorough, attentive and proper in all respects. The jury returned a verdict in favor of the defendant (as well as in favor of the co-defendant rheumatologist) finding that there was no negligence in the treatment of this patient.
In December of 2010, Attorney Bernie Guekguezian obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a primary care physician. The 42 year old plaintiff, a venture capitalist, alleged that the physician was negligent for failing to diagnose his Hodgkin's Lymphoma. The plaintiff further alleged that the physician negligently prescribed him excessive Prednisone, making his cancer resistant to treatment. The plaintiff''s treating oncologist testified on his behalf in support of these allegations and also testified that the plaintiff, who was in extremis at trial, would die from his disease. The case was tried over the course of two weeks and the jury returned a verdict in favor of the physician in less than 2 hours.
In November 2010, Ellen Cohen successfully defended an obstetrician at trial who was alleged to have failed to properly evaluate, diagnose and treat a urinary tract infection in a pregnant patient, which the patient claimed caused the development of acute renal failure and sepsis, and eventually intrauterine fetal demise. The defendant/obstetrician defended his care at trial, and also countered with a claim of contributory negligence on the part of the plaintiff/patient. On behalf of the physician we presented evidence that the patient was non-compliant with regard to significant issues during her pregnancy, and had repeatedly refused to provide a urine specimen for culture. Strong expert testimony was put forth in support of the defense of the case. After 6 days of trial, the jury rendered a verdict that the obstetrician had not been negligent in less than 40 minutes.
In November 2010, Ellen Cohen and Brooks Glahn obtained a Judgment of Dismissal in the Barnstable Superior Court on behalf of a gynecologist and gynecologic oncologist in a complex medical malpractice case in which it was alleged that the physicians failed to timely diagnose leiomyosarcoma, a rare uterine cancer. Strong experts in the fields of gynecologic oncology and gyn pathology were prepared to testify, but did not need to in light of the Dismissal.
In August 2010, Jenn Herlihy and Nicole Mastan received the Court's decision in their client's favor in a permanent injunction suit in Rhode Island involving their client's use of an outdoor wood fired boiler ("OWB") in a rural area to heat their home. The case was tried before Judge Rodgers over various days by Attorneys Herlihy and Mastan from July-September 2009. The plaintiffs contended the use of the OWB constituted negligence, trespass and nuisance. The defense provided evidence that the operation of the OWB was appropriate, especially for the location, and did not constitute any tort or cause harm and used expert testimony in support. The Court held that the plaintiffs did not sustain their burden on any of the Counts tried and cited the expert testimony, the lay witness testimony and testimony of the defendants in reaching her decision. The complete 30 page decision can be found at http://www.courts.ri.gov/superior/pdf/09-908.pdf.
In August, 2010 Ellen Cohen (assisted by Ian Pinta) obtained a Directed Verdict in a trial in which the plaintiff alleged a delay in the diagnosis and treatment of her breast cancer against a radiologist who had interpreted the patient's mammogram. At the conclusion of the plaintiff's case the Court allowed the Defendant physician's Motion for Directed Verdict based on the cross examination of the plaintiff's medical oncology expert. The expert's testimony under cross examination made clear that there was no reliable scientific basis for the expert's opinions, and as a result, based on the well established case law this expert's testimony was shown to be speculative and insufficient to meet the plaintiff's burden of proof. As a result of this Ruling, all claims against the physician defendant were Dismissed by the Court.
In May, 2010 Ellen Cohen defended a general surgeon and his corporation in a case alleging mismanagement of post-operative complaints after colectomy surgery in an 81 yr old patient. The patient developed an anastomotic leak and sepsis resulting in her death. Ellen Cohen obtained a defense verdict on behalf of her clients after an 8 day jury trial.
In May of 2010, Attorney Bernie Guekguezian obtained a defense verdict in a Fall River Superior Court jury trial on behalf of an obstetrician. The plaintiffs alleged that the obstetrician was negligent for failing to order a cesarean section for the plaintiff mother during labor and for her negligence during the delivery of the plaintiffs' son. The plaintiffs claimed that as a result, the child (who was 7 years old at the time of trial), suffered severe and permanent neurologic injury. The case was tried over the course of two weeks and the jury returned a verdict in favor of the physician in less than 2 hours.
In May, 2010, Attorney Alexandra Harvey obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a hospital and a physician accused of breaching a non-disparagement clause in a separation agreement. The plaintiff, a physician who had worked at the hospital, alleged that the hospital and the defendant physician, who was the director of a residency training program, breached the nondisparagement clause in their subsequent communications with the Massachusetts Board of Registration in Medicine regarding the plaintiff. The plaintiff brought breach of contract claims against both defendants. The jury found for both defendants, finding that there had been no breach of the separation agreement.
In April, 2010, Attorney Alexandra Harvey obtained a defense verdict in a Fall River Superior Court jury trial on behalf of a lawyer accused of legal malpractice. The plaintiff alleged that the lawyer had mishandled a 93A claim pre-suit and the ensuing negligence/93A claims at trial, resulting in a verdict against her. The plaintiff brought both negligence and 93A claims against the lawyer. Both the negligence and the 93A claims were submitted to the jury, and the jury found for the lawyer after a short deliberation.
In April 2010, Attorney Jenn Herlihy obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of a psychiatrist after 3 weeks of testimony. The plaintiff Estate alleged that the psychiatrist, as well as other defendants, incorrectly prescribed medications that caused the death of their son. The jury returned a verdict of no negligence on behalf of the psychiatrist.
In March, 2010 George Wakeman defended a case in which it was alleged that a 3rd year resident in internal medicine and an attending hospitalist failed to appreciate symptoms and signs indicating an epidural abscess and delayed in ordering a neurosurgical consult and a MRI with contrast. As a result, it was alleged that the patient developed significant neurological deficits with resulting permanent loss of function in both legs requiring the use of a wheelchair or walker. The patient was a minister in a suburban church. The patient had been hospitalized for 5 days at a community hospital before transferring to the defendants' tertiary center. Plaintiffs presented a neurosurgeon as their sole expert. The defense was based on the fact that the bacteria was from an oral source and the defendants ordered testing and consults to address an abscess in the jaw, endocarditis and epidural abscess, and the condition was diagnosed and under treatment within approximately 20hrs of the patient's admission. The defense called experts in Hospitalist Medicine and Infectious Disease. The case was tried in Suffolk over 3 weeks and the jury returned a defense verdict in less than 2 hours.
In March 2010 George Wakeman and Erin Brown defended a wrongful death case in which the plaintiff alleged that the defendants, a pulmonologist and an interventional radiologist, failed to hospitalize a patient experiencing increasing hemoptysis from an underlying lung condition, and failed to institute interventional measures. There were significant issues involving documentation and credibility going in to trial - the plaintiff alleged that a number of telephone calls with the decedent were not documented, and that the defendants failed to warn the decedent about the seriousness of his condition. The decedent died 4 days after seeing the defendant radiologist regarding an embolization procedure. Plaintiff alleged that her husband died from massive hemoptysis. The defense was based on (1) the patient declined the advice from both defendants regarding both the severity of his condition and the need for more aggressive treatment (2) the patient had a number of serious co-morbidities that would have significantly shortened his life, and (3) most importantly, that the decedent did not die from hemoptysis but rather from an arrhythmia (this was the leading diagnosis of the physician who presided over the terminal event and in the Death Certificate). The plaintiff called only a pulmonologist as an expert. The defendants presented experts in the fields of pulmonary medicine, interventional radiology and cardiology. The case was tried over 7 days, and was settled for a substantially reduced settlement while the jury was deliberating.
In March of 2010, Attorney Bernie Guekguezian obtained, after 7 days of trial, a dismissal of all claims against a building supply company in a Middlesex Superior Court jury trial. The 52 year old plaintiff alleged that the company was negligent and breached warranties when it sold him asbestos containing products and alleged that these products caused him to develop mesothelioma, a cancer of the lining of the lung.
In March 2010, Deirdre Kirby Lydon obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a defendant corporation. The plaintiff alleged that the corporation should have been held responsible for the actions of their employee, a radiologist, who allegedly failed to adhere to a hospital policy regarding the review of prior MRI films, which delayed a diagnosis of an epidural abscess. As a result, it was alleged that the patient developed significant neurological deficits with resulting permanent loss of function in both legs requiring the use of a wheelchair or walker. The Jury returned a defense verdict in less than 2 hours.
In March 2010, Ellen Cohen and Michael Barkley obtained defense verdicts on behalf of their clients in a Suffolk Superior Court jury trial. Attorney Cohen defended a family medicine physician and Attorney Barkley defended the physician's employer. The plaintiffs alleged that the defendant physician failed to order the appropriate diagnostic testing that allegedly would have led to an earlier diagnosis of a rare form of cancer in a 13 year old patient. The plaintiffs alleged that a delay in diagnosis of cancer caused the premature death of the decedent, or alternatively caused a loss of chance of longer survival or improved prognosis. The jury deliberated less than two hours before returning a verdict in favor of the defendants, finding that the defendants were not negligent in their care and treatment of the decedent.
In December, 2009 Ellen Cohen and John Pelletier tried a case in which it was alleged that the defendant oncologist had failed to timely diagnose recurrence of squamous cell carcinoma of the tongue in a young mother of two who died within 3 years of her recurrence. The plaintiff argued that earlier diagnosis and treatment would have prevented the patient's death. Experts in the fields of medical oncology, otolaryngology, and a specialist in head/neck oncology all testified in support of the defendant, showing not only that he and many other treating physicians had provided close and careful follow-up and observation of this patient after her initial treatment had ended, but also that it was the fact - and not the timing- of the recurrence that caused the patient's demise.The case was tried before a jury of 14 in the Middlesex Superior Court located in Woburn, MA.
In November, 2009 Ellen Cohen obtained a defense finding in a binding arbitration on behalf of an OB/GYN in a case involving alleged negligence resulting in full term stillbirth. Expert support was presented from an OB, a Certified Nurse Midwife (CNM) and a placental pathologist to prove that the defendant OB, as well as the co-defendant CNM had fully complied with and met the appropriate standards of care in their respective roles in the management of this pregnancy, and that neither defendant's actions caused the unfortunate intrauterine demise of the infant.
In November of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Lowell Superior Court jury trial on behalf of two nurses. The plaintiff alleged that the nurses' negligence caused him to suffer a serious infection, necrotizing fasciitis (flesh eating bacteria). The plaintiff further claimed that the nurses failed to notify his physician of signs and symptoms consistent with this infection. He claimed that he suffered permanent disability and gross disfigurement from the multiple surgeries that he was forced to undergo as a result of this infection.
In October of 2009, Bernie Guekguezian and Mike Barkley obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of two neonatologists. The plaintiff alleged that the neonatologists' negligence caused a newborn to develop necrotizing enterocolitis, and that the physicians were further negligent for failing to promptly diagnose and treat the disease, leading to the child's death 10 days later.
In October of 2009, Bernie Guekguezian obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of an internist. The plaintiff alleged that the physician failed to diagnose and treat an epidural abscess, causing paraplegia and, ultimately, the patient's death.
In June 2009, Attorney George Wakeman successfully defended a internal medicine specialist in a jury trial in Plymouth County in a case alleging improper care of a patient exhibiting signs and symptoms of a TIA.
In June 2009, Attorneys Ellen Epstein Cohen and Michael Barkley each obtained defense verdicts for their respective clients in a Suffolk Superior Court jury trial. Attorney Cohen represented an oral and maxillofacial surgeon and Attorney Barkley represented a large Boston hospital. The plaintiff alleged that the defendants were negligent in connection with a surgical procedure performed on the decedent, a 43 year old woman with a complicated medical history. The decedent went into cardiac arrest during the procedure, suffered a hypoxic brain injury, and died 12 days after the surgery. After a two-week trial, the jury deliberated only 1 1/2 hours before returning a verdict in favor of the defendant oral surgeon and the defendant hospital.
In May of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Lowell Superior Court jury trial on behalf of an ultrasonographer. The plaintiff alleged that the ultrasonographer's negligence in failing to diagnose the absence of amniotic fluid on ultrasound caused her child to be stillborn three days later, at 41 weeks gestation. The jury deliberated 2 hours before rendering its verdict.
In May of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Lowell Superior Court jury trial on behalf of an ultrasonographer. The plaintiff alleged that the ultrasonographer's negligence in failing to diagnose the absence of amniotic fluid on ultrasound caused her child to be stillborn three days later, at 41 weeks gestation. The jury deliberated 2 hours before rendering its verdict.
In May of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Norfolk Superior Court jury trial on behalf of an emergency room physician. The plaintiff alleged that the physician was negligent for failing to diagnose and treat Cauda Equina Syndrome, leaving him with permanent paralysis. The jury deliberated 2 and 1/2 hours before rendering its verdict.
Awards/Honors
George Wakeman has been selected to provide legal commentary to a new publication by Springer Publishing entitled Dermatoethics. This new textbook is scheduled for publication in late 2010 or 2011.
Ellen Cohen has been invited to join the Editorial Board of "Women in Medicine", an online publication of the Physicians Insurance Agency of MA, a subsidiary of the Massachusetts Medical Society, which focuses on the unique issues of Women Physicians.
George Wakeman, Ellen Cohen and Bernie Guekguezian were named to "The Best Lawyers in America" in the specialty of Medical Malpractice Law for 2010 and 2011.
Ellen Cohen and Bernie Guekguezian were named to "The Best Lawyers in America" in the specialty of Personal Injury Litigation for 2010 and 2011.
Ellen Cohen, George Wakeman, Bernie Guekguezian and Alex Harvey were selected as "Super Lawyers" as published annually in Boston Magazine, 2010.
Jennifer Herlihy, Michael Conway, Michael Barkley, Brooks Glahn and Gabriel Bell were selected as "Rising Stars" as published annually in Boston Magazine, 2010.
George Wakeman has been selected to provide legal commentary to a new publication by Springer Publishing entitled Dermatoethics. This new textbook is scheduled for publication in late 2010 or 2011.
George Wakeman was selected as a New England Superlawyer for 2009.
Ellen Cohen, George Wakeman and Bernie Guekguezian were recently voted for inclusion in the 2009 edition of "Boston's Best Lawyers." Their selection was based on the vote of their peers. Each was honored in the "Medical Malpractice Law" category and Attorneys Cohen and Guekguezian were also honored in the "Personal Injury Litigation" category. It is the second consecutive year that Attorneys Cohen and Wakeman have been honored as Boston's Best.
George Wakeman and Ellen Epstein Cohen were named to "The Best Lawyers in America" in specialty of Medical Malpractice Law for 2009.
In May 2009 George Wakeman was inducted into the American Board of Trial Advocates with the rank of "Advocate" (having successfully tried over 80 jury trials). ABOTA is a national organization and membership is by invitation only following a vetting process.
Ellen Cohen was interviewed for Forum, Summer 2009 issue regarding "The Medico-Legal Aspects of Curbside Consultations." Forum can be viewed on-line by all physicians insured through Harvard's malpractice insurance program, (CRICO) via CRICO/RMF's website.
Presentations
On September 21, 2011, at the invitation of CRICO/RMF, Attorney Michael Barkley presented at the annual Partners Healthcare Clinical Fellow Retreat. Attorney Barkley presented on the topic of medical legal issues and the medical malpractice landscape in Massachusetts.
In May 2011, Michael Barkley was an invited lecturer at the Partners Healthcare Ambulatory Safety Retreat. Mr. Barkley presented on the topic of Patient Safety Beyond the Hospital Setting.
In January and February 2011, at the invitation of CRICO/RMF, Michael Barkley presented to physicians, nurses and medical staff affiliated with Massachusetts General Hospital as part of a pilot risk management program on the subject of reducing patient risk in the ambulatory care setting.
On November 11, 2010, Michael Barkley, at the invitation of CRICO/RMF, presented a case study to physicians at Beth Israel Deaconess Medical Center during grand rounds entitled "Lessons From The Malpractice Experience."
On November 3, 2010, Attorney Michael Barkley, in collaboration with CRICO/RMF, presented a case study to physicians and nurses of the Newton Wellesley Hospital Obstetrics & Gynecology department as part of a grand rounds discussion.
On October 8, 2009 Ellen Epstein presented to the Massachusetts Society of Oral and Maxillofacial Surgeons on "Anatomy of a Malpractice Suite."
On September 26, 2009, Attorney Jennifer Herlihy gave a presentation on the "Board of Registration of Chiropractors" at the annual convention of the Massachusetts Chiropractic Society in Plymouth, Massachusetts.
On July 23, 2009 George Wakeman presented a mock cross-examination of plaintiff's expert for MCLE Trial Advocacy course with Judge Chernoff and Judge Hines.
On July 22, 2009 Attorney Ellen Epstein Cohen participated as an invited faculty by Judges Chernoff and in the Trial Advocacy Workshop, as part of a comprehensive trial advocacy course sponsored by MCLE.
On June 15, 2009 Attorney Ellen Epstein Cohen was a presenter at the CRICO/RMF 2009 Patient Safety Summit at the Westin Copley Place. Ms. Cohen participated in a point/counterpoint discussion format on the legal implications of various issues including videotaping in the O.R., the use of algorithms in clinical care, and telephone "curbside" consults.
On June 12, 2009 Attorney Ellen Epstein Cohen presented a program entitled "Fire in the O.R." to the Harvard Risk Managers Collaborative. This program was intended to educate and increase awareness of the risk of fire in the hospital setting, particular in the Operating Room, and to identify ways to minimize the risk of occurrence as well as better prepare to respond to fire emergencies.
On May 1, 2009 Attorney Ellen Epstein Cohen presented "The Expert Witness in Malpractice" to the ARRS (American Roentgen Ray Society) Annual Meeting at the John B. Hynes Veterans Memorial Convention in Boston, MA. Attorney Cohen's lecture is part of a comprehensive weeklong educational meeting which covers a wide variety of medical and related issues for the radiology community.
