A full-service litigationAdler, 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 thought leadership with clients, colleagues and other interested parties.
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In November of 2008, Attorney Bernie Guekguezian obtained, after 9 days of trial, a dismissal of all claims against an anesthesiologist in a Lawrence Superior Court jury trial. The plaintiff alleged that the anesthesiologist negligently failed to treat intraoperative hypotension during colon surgery, causing paraplegia to her husband 10 hours after the surgery and, ultimately, his death 18 months later.
In September of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of an internist. The plaintiff alleged that the physician negligently failed to diagnose and treat pancreatitis, causing the death of her 37 year old decedent. The jury deliberated 2 and ½ hours before rendering its verdict.
In September of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of a cardiologist. The plaintiff alleged that the physician negligently failed to diagnose and treat a medication induced gastric bleed in her decedent, causing her death from hemmorhage in her home four hours after she was seen by the cardiologist and discharged from care. The jury deliberated less than 3 hours before rendering its verdict.
In September 2008, Attorney Michael Barkley obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a defendant hospital. The plaintiff alleged that the hospital negligently hired, trained and supervised an employee who allegedly disclosed the plaintiff's confidential medical information to a third party, resulting in emotional distress and disability. The Jury deliberated only 1 ½ hours before returning a defense verdict.
In September 2008, Attorney George Wakeman obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a plastic surgeon. The plaintiff alleged that the physician (along with five other defendant physicians) negligently failed to diagnose and treat a mid-gut volvulus, causing the death of his 49 year old decedent. The jury deliberated 2 hours before rendering its verdict. The verdict was not appealed.
In September of 2008, Attorney Ellen Epstein Cohen obtained a defense verdict in a maternal death case in Suffolk Superior Court jury trial on behalf of three obstetricians. The plaintiff alleged the defendants each negligently failed to advise the mother of the risk of death resulting in the mother's decision to continue her twin pregnancy after pre-term premature rupture of membranes at 18 weeks, and also that the defendants negligently failed to prescribe prophylactic antibiotics. The jury deliberated for about 3.5 hours before rendering its verdict.
In July 2008, Attorney Michael Barkley obtained a defense verdict in a Hampshire Superior Court jury trial on behalf of an oral surgeon. The plaintiff alleged that the surgeon was negligent in performing a tooth extraction procedure and failing to identify and correct a defect in his surgical equipment, resulting in injury to the plaintiff. The jury deliberated only 30 minutes before rendering its unanimous verdict.
In June of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Norfolk Superior Court jury trial on behalf of a neurologist. The plaintiff alleged that the physician negligently failed to diagnose and treat a stroke, causing the death of her decedent. The jury deliberated less than 2 hours before rendering its verdict.
In April 2008, Attorney Michael Barkley obtained a defense verdict in a Boston Municipal Court jury trial on behalf of a defendant hospital. The plaintiff alleged that her daughter sustained severe burns as a result of negligence by the hospital's employees resulting in permanent scarring.
In March 2008, Attorney George Wakeman, Jr. successfully defended the Chief of Emergency Medicine at a major Boston academic hospital in a case alleging negligence in the evaluation of an eye injury, leading to blindness in one eye. Jury deliberated only 2 hours before returning a defense verdict.
In February of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of an emergency room physician. The plaintiff alleged that the physician negligently failed to diagnose and treat a staph infection, causing the death of her decedent. The jury deliberated less than 2 and ½ hours before rendering its verdict.
In January, 2008, Attorney George Wakeman, Jr. successfully defended at trial an OB/GYN in a case alleging negligence in the performance and aftercare of a patient undergoing Burch colposuspension surgery. Jury deliberated only 1 ½ hours before returning a defense verdict.
Attorneys Ellen Epstein Cohen and Erin Brown obtained dismissal of a case in Federal Distirct Court. The plaintiff alleged negligent use of a vacuum by the defendant (an obstetrician) resulting in the stroke of her daughter. Attorneys Ellen Epstein Cohen and Erin M. Brown brought a Daubert challenge against the plaintiff's causation expert (an obstetrician) and the judge agreed the plaintiff's expert's testimony failed to meet the standard for admissibility or scientific evidence established in Daubert. The case was then dismissed on summary judgment. (11/5/08)
This summer Attorney Brooks Glahn argued and won an appeal before the Massachusetts Appeals Court. The Appeals Courts' decision, which was issued in less than two months, affirmed a jury verdict in favor of an oral surgeon.
Attorney Jennifer B. Herlihy obtained a dismissal on behalf of her client after the Court allowed a Motion to Dismiss for failure to state a claim for which relief could be granted. The plaintiffs alleged their child suffered emotional distress after picking up a hypodermic needle in a store parking lot. The parents also claimed they suffered emotional distress. The District Court Judge agreed with Attorney Herlihy's argument that no claim existed under Massachusetts law for this type of injury, absent "actual exposure" and proof of disease.
In March 2008, Attorney Brooks Glahn argued and won an appeal before the Supreme Judicial Court concerning the Court's power of general superintendence over inferior courts.
Attorney George Wakeman was named to The Best Lawyers in America in specialty of Medical Malpractice Law for 2009
Attorney Ellen Epstein Cohen was named to The Best Lawyers in America in specialty of Medical Malpractice Law for 2009
In December 2008, the Supreme Judicial Court formally announced its recommendation of the use of the Massachusetts Guide to Evidence. Attorney Ian Pinta assisted in the drafting and editing of the Guide, and was named to the Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law. The Guide is organized using the format of the Federal Rules of Evidence and states the law of evidence applied in proceedings in the courts of the Commonwealth, as set forth in the Federal and State Constitutions, General Laws, common law, and rules of court.
On December 6, 2008, Attorney Ellen Epstein Cohen will be involved in a Case Presentation and Panel Discussion at the Harvard Medical School Department of Continuing Education's seminar titled "Cancer, Medical Malpractice and Primary Care: Improving Skills and Lessening Risks"
George Wakeman presented the Grand Rounds lecture for the Department of Medicine at Mt. Auburn Hospital on October 30, 2008.
George Wakeman presented the Grand Rounds lecture for the Department of Orthopedics at Rhode Island Hospital on October 15, 2008.
On July 17, 2008 George Wakeman presented a mock cross-examination of plaintiff's expert for MCLE Trial Advocacy course with Judge Chernoff and Judge Sanders.
On July 9, 2008 George Wakeman presented a seminar on Wrongful Death for MCLE in its Civil Causes of Action seminar series.
In May of 2008, Attorney Bernie Guekguezian addressed the Massachusetts Defense Lawyers Association Annual Meeting and Seminar on strategies involving the presentation of successful Motions for Summary Judgment.
In April 2008, Attorneys Jennifer B. Herlihy and Michael Barkley presented a continuing medical education seminar to the Massachusetts Association of Practicing Urologists. The presentation was titled: "Deposition Testimony: The Key to Success at Trial." The presentation was followed by a mock deposition preparation meeting, mock deposition, and a mock direct and cross examination.
In September of 2007, Attorneys Alex Harvey and Michael Barkley presented a continuing medical education seminar for nursing staff at Boston Medical Center titled "Defending Your Care at Deposition".
In June of 2007, Attorneys Alex Harvey and Michael Barkley presented a continuing medical education seminar for physicians at Boston Medical Center titled "Surviving a Lawsuit".