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Ellen Cohen has been invited to participate in a program entitled "Managing Error in Primary Care" in conjunction with CRICO/RMF. The program was offered on 11/10/09 at North Shore Medical Center, and will be offered on 4/20/10 at Newton Wellesley Hospital, and on 5/20/10 at Massachusetts General Hospital. If you would like information about the program please contact Deborah LaValley, RN Program Director, Loss Prevention & Patient Safety, CRICO/RMF at 617-679-1228.
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.
In April, 2009, Attorney George Wakeman successfully defended a urologist in a jury trial in Plymouth County in a case alleging negligence in the placement and maintenance of a suprapubic catheter.
Attorney Ellen Epstein Cohen successfully defended an in-patient alcohol and substance abuse detoxification facility in a case where the Plaintiff alleged the detox facility was negligent in developing, approving and using an Ativan Alcohol Withdrawal Protocol, and also that it was negligent in treating and in supervising others in providing treatment to the Plaintiff, along with additional claims. The Plaintiff had a grand mal seizure about 40 hours after completing the Alcohol Withdrawal Protocol as a result of which he suffered bilateral shoulder fractures that required several surgical procedures. After a two-week trial, the jury deliberated and quickly returned a finding in favor of the facility and its Medical Director (a physician).
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, George Wakeman and Bernie Guekguezian, partners of the firm, were selected (once again) for inclusion in the 2010 edition of "The Best Lawyers in America" in the specialties of Medical Malpractice Law and Personal Injury Litigation. Selection to "Best Lawyers" is based on an exhaustive and rigorous peer-review survey comprising of more than 2.8 million confidential evaluations by the top attorneys in the country. Being listed in "Best Lawyers "is considered a singular honor, described by "The American Lawyer " as "the most respected referral list of attorneys in practice."
George Wakeman has been selected again as a New England Superlawyer for 2009 and named to The Best Lawyers in America for 2009.
Attorneys 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.
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 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.
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.