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What's New

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 thought leadership 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 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 1/2 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 1/2 hours before rendering its verdict.

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 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 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 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.

Dispositive Motions/Appeals

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.

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.

Presentations

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".

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 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 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.

On July 9, 2008 George Wakeman presented a seminar on Wrongful Death for MCLE in its Civil Causes of Action seminar series.

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.

George Wakeman has been invited to give the Grand Rounds lecture for the Department of Orthopedics at Rhode Island Hospital on October 15, 2008.

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"