Trial Results

In February 2020, Ellen Epstein Cohen and Megan Grew Pimentel were very gratified to obtain a defense verdict on behalf of all their clients in the highly publicized case of Justina Pelletier, et al. v. Boston Children’s Hospital, et al. The plaintiffs alleged that the defendants failed to properly diagnose and treat her complex condition, and that as a result she was subjected to a very lengthy hospitalization causing post-traumatic stress disorder and interference with the parent/child relationship, as well as violation of their civil rights related to the filing of a mandated report of suspected abuse or neglect. In addition to suing the Hospital, the plaintiffs brought claims against child and adolescent specialists in neurology, psychology and psychiatry, as well as a child abuse pediatrician. Further complicating the situation was the fact that the Suffolk County Juvenile Court ordered the Massachusetts Department of Children and Families (“DCF”) to take legal custody of the child and to direct her care and treatment, as well as visitation and contact with her family, throughout her hospital admission.

The plaintiffs intentionally created a media storm of attention at the time of the hospital treatment. At that time, the central dispute was whether the patient had mitochondrial disease and whether that was properly considered in her evaluation and treatment. By the time of trial seven years later, there was very little discussion about mitochondrial disease, and the focus had shifted to whether there had been a good faith basis to file a mandated report of suspected child abuse and neglect, a so called “51A report.” There was considerable testimony regarding the child’s clearly documented history of prior over-medicalization by numerous providers at different institutions over state lines for many years by her parents, and questions about medical child abuse. The testimony made clear, however, the reason the 51A report was filed was not based on a history of questioned abuse, but rather because of the very real and present risk of medical neglect that would have resulted from the parents’ attempt to remove the child from hospital level of care in the extremely dysfunctional and debilitated condition in which she had been brought to the Hospital.

A jury trial was held in the Suffolk Superior Court over the course of nearly six weeks from January 2020 through February 2020, during which supportive experts in mitochondrial disorders, child and adolescent psychiatry, and child abuse pediatrics testified on behalf of the defendants. The plaintiffs experts consisted of a philosopher/bioethicist, a forensic psychologist, a retired E.R. physician and one of the patient’s prior treating doctors. At the conclusion of trial, on February 19, 2020, after only 6 hours, the jury returned a verdict fully in favor of all defendants on all claims, finding that the plaintiffs had not proven any of their claims; that is, that none of the defendants had been negligent in their care and treatment of the minor patient and that they had not violated the civil rights of the plaintiffs.

The jury’s verdict firmly vindicated the very talented and dedicated team of providers at Boston Children’s Hospital, each of whom worked so hard during this long hospital admission for the best interest of their patient under extremely challenging circumstances and pressures. In addition, the verdict had broader significance with regard to its effect on the critical role of mandated reporters. This trial emphasized that those who work with children must file a 51A report if they have good faith basis to suspect child abuse or neglect (physical, sexual or medical abuse or neglect), and that the immunity conferred on them by statute for so filing will protect them from unfounded claims such as those asserted in this case.

If a provider has any question about when and whether to file a 51A report they are encouraged to consult with the Child Protective Team of their institution, their practice risk manager, or legal counsel. We are happy to advise healthcare providers in this regard.

For more information regarding the law on filing by mandated reporters, click here
For media coverage of the Pelletier trial see:
Boston Globe
WBUR
NBC Boston
Fox 25

In March 2020, Brian Fielding obtained a defense verdict on behalf of a General Surgeon following a 6-day Superior Court jury trial in New Bedford. The plaintiff alleged that the defendant negligently left behind a foreign object during an irrigation and wound vac placement procedure and thereafter negligently failed to identify and remove the foreign object during subsequent wound care.

In November 2019, Ellen Cohen successfully defended an ENT surgeon in the Lowell Superior Court in a case in which it was alleged that the doctor should not have performed an additional procedure that became necessary intra-operatively during a planned surgery intended to better protect the patient’s airway. The claim also focused on informed consent. The doctor did a superb job teaching the jury about the complicated anatomy and physiologic process involved in swallowing, and his care was supported by experts in the fields of ENT and head/neck pathology who also testified at trial. The jury returned a no negligence defense verdict after a relatively brief deliberation.

In June 2019, Ellen Epstein Cohen and Megan Grew Pimentel successfully obtained a defense verdict on behalf of a family medicine physician in Barnstable Superior Court. The plaintiff alleged that the defendant physician and a visiting nurse failed to timely diagnose and treat a pulmonary embolism in a post-operative patient who died 4 days later. The defendants each maintained that they provided appropriate care and treatment in their respective roles. The case was tried over two weeks, following which the jury concluded that both the physician and nurse were not negligent.

In June 2019, Michael Barkley and Brent Gilbert obtained a defense verdict on behalf of two clients, a surgical oncologist and a thoracic surgeon, in a Suffolk Superior Court jury trial.  The plaintiff alleged that the defendants were negligent in the manner in which they positioned the patient on the operating table and protected pressure points, prior to a lengthy surgery to remove a chondroma from the patient's chest wall.  Following the procedure, the patient was diagnosed with compartment syndrome of the thenar eminence of the right hand, requiring multiple surgical procedures and allegedly resulting in permanent nerve injury.  The case was tried over nine days, following which the jury concluded that both surgeons were not negligent in their care and treatment of the plaintiff.

In March 2019, Brian Fielding obtained a defense verdict in a wrongful death case on behalf of a Rheumatologist and rheumatology practice group following a 2-week Superior Court jury trial in Providence. The plaintiff alleged the defendant negligently failed to diagnose and timely and properly treat dermato-polymyositis resulting in disease progression, including a fatal interstitial lung disease.

In August 2018, Bernie Guekguezian obtained, after 5 days of jury trial in Worcester Superior Court, a voluntary dismissal of all claims against a radiologist.  The plaintiff claimed that the radiologist negligently failed to identify a spiculated mass and worrisome microcalcifications on her mammogram.  The plaintiff alleged that this led to a 2 year delay in the diagnosis of her breast cancer, resulting in the need for radical mastectomy and a complicated course of chemotherapy.   The defense acknowledged that the cancer was present in the mammogram, but that the mammogram was not worrisome and required no additional testing or follow up.   No money was paid to the plaintiff in exchange for the dismissal.

In June 2018, Bernie Guekguezian obtained a defense verdict on behalf of a cardiologist in a Bristol Superior Court jury trial.  The plaintiff alleged that the defendant cardiologist negligently discharged her husband from the hospital for outpatient testing when he presented with substernal chest pain radiating to the shoulder, shortness of breath, nausea and diaphoresis.  Her husband died from cardiac arrest three days after discharge.  Her three children also brought claims for the loss of their father.  After a six day trial, the jury returned a verdict in favor of the defendant, finding that he was not negligent.  The jury deliberated less than 90 minutes before reaching its verdict.

In June 2018, Michael Barkley and Kendra Cohen obtained a defense verdict on behalf of a general dentist in a Norfolk Superior Court jury trial.  The plaintiff alleged that the defendant dentist negligently failed to obtain her informed consent before performing an occlusal equilibration procedure.  The plaintiff further alleged that the procedure resulted in the development of temporomandibular joint disorder and myofascial pain, resulting in physical and emotional injury, and the need for substantial restorative dental work.  After a five day trial, the jury returned a verdict in favor of the defendant, finding that the defendant had not negligently failed to obtain informed consent.

In June 2018, Ellen Cohen defended an emergency medicine physician in a case involving treatment of an infant who presented in respiratory distress and died while undergoing care in the ER.  After a two week trial, the jury returned a verdict that the defendant physician’s care of this sick baby was proper and he had not been negligent. 

In May 2018, Michael Barkley obtained a defense verdict on behalf of a hospitalist in a Plymouth Superior Court jury trial.  The plaintiff alleged that five defendant physicians failed to timely diagnose and treat a cerebellar stroke, resulting in the premature death of a 38 year old man.  After a 20 day trial, the jury returned a verdict in favor of the defendant hospitalist, finding that he was not negligent in his care and treatment of the plaintiff's decedent.  The jury also returned a verdict in favor of all co-defendants, each of whom was represented by separate counsel.

In May 2018, George Wakeman and Sarah Doucett obtained a defense verdict on behalf of two orthopedic surgery residents in a Suffolk Superior Court jury trial. The Plaintiff alleged that the defendant resident physicians, the attending physician, and three orthopedic nurses failed to diagnose and treat hyponatremia. The Plaintiff alleged that as a result, he suffered severe and permanent neurologic deficits.  The jury returned verdicts in favor of all Defendants following a 3½ week trial.

In March 2018, George Wakeman obtained a defense verdict on behalf of his client, an Emergency medicine physician from a Boston teaching hospital, following a two and a half week jury trial in Suffolk Superior Court in Boston.  The plaintiff sued the Emergency medicine and Radiology specialists from a community hospital and the Emergency medicine specialist (our client) and neurology residents from the Boston hospital.  The plaintiff alleged that our client negligently failed to diagnose that the decedent was suffering from a posterior stroke and failed to initiate immediate stroke protocol, including STAT MRI and experimental treatments.  The plaintiff alleged the decedent’s death was the result of a failure to diagnose and timely treat the stroke.  Following the trial, the jury returned a verdict in favor of all defendants (5 individual physicians) after less than 3 hours of deliberations.  Brent Gilbert assisted Attorney Wakeman throughout the case.

In February 2018, Ellen Cohen and Megan Pimentel obtained a defense verdict on behalf of an obstetrician and his practice group, following a three week jury trial in New Bedford Superior Court. The plaintiff alleged that the defendant physician and two labor and delivery nurses failed to recognize a non-reassuring fetal heart tracing and expedite earlier delivery of the baby via caesarean section. The Plaintiff alleged that as a result, the baby suffered severe and permanent neurologic injuries. The defendants each maintained that their care had been proper and the labor and delivery was well managed and was not the cause of the child’s developmental delay. After consideration of all the evidence presented at trial, the jury returned a verdict finding that none of the defendants had been negligent.

In February 2018, Michael Barkley obtained a defense verdict on behalf of an Ob/Gyn and Maternal Fetal Medicine specialist in a Suffolk Superior Court jury trial.  The case involved a fetal demise at 22 weeks gestation.  The plaintiff alleged that the defendant negligently failed to identify a prematurely dilating cervix on a limited ultrasound study performed 8 days prior to the plaintiff going into labor and delivering a previable infant.  After an 8 day trial, 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 January 2018, Jennifer Herlihy and Megan Pimentel obtained a defense verdict on behalf of a psychiatrist following a two week jury trial in Brockton Superior Court. The plaintiff alleged that the defendant negligently discharged a psychiatric patient from an inpatient facility. The psychiatric patient committed suicide three weeks after his discharge. Following trial, the jury returned a verdict in favor of the defendants.

In October 2017, George Wakeman and Brent Gilbert obtained a defense verdict on behalf of their four clients, an orthopedic spine surgeon and three orthopedic surgeons who were residents at the time, following an eight day jury trial in Suffolk Superior Court in Boston.  The plaintiff alleged that the defendants negligently failed to timely treat two disc herniations in her cervical spine causing compression.  Plaintiffs alleged that surgery should have been performed on an emergency basis over the weekend rather than waiting until Monday.  The plaintiff alleged that, as a result of the negligence, the patient suffered neurological injuries affecting her lower extremities.  The case was defended on the basis that (1) the treatment was appropriate in all respects as the plaintiff’s symptoms were the result of chronic cervical spine compression and did not require urgent or emergent surgery, (2) the plaintiff’s condition remained stable or improved over the weekend, and (3) the patient’s injury occurred due to a reperfusion complication that was entirely unrelated to the timing of the surgery or anything that the defendants did.  Following the trial, the jury returned a verdict in favor of the defendants after less than three hours of deliberation.

In February 2017, Michael Barkley obtained a defense verdict on behalf of an interventional radiologist and vascular surgeon in a Suffolk Superior Court jury trial.  The Defendant performed a procedure to declot an arteriovenus graft and repair a venous stenosis.  During the procedure, a rupture of the brachial vein occurred, resulting in extravasation of contrast media and, the Plaintiff alleged, bleeding.  Although it was undisputed that the vein was repaired during the procedure, the Plaintiff alleged that the Defendant negligently failed to disclose this complication to the Plaintiff, resulting in a delay in seeking medical care when she developed postoperative pain and swelling.  The Plaintiff alleged that she developed compartment syndrome, causing compression of the median nerve and permanent complex regional pain syndrome.  After a seven day trial, the jury deliberated approximately an hour before returning a verdict in favor of the Defendant, finding that he was not negligent. 

In November 2016, George Wakeman and Brent Gilbert obtained a defense verdict on behalf of their client, an otolaryngologist, following a nine day jury trial in Suffolk Superior Court in Boston.  Their other client, a physician’s assistant, was dismissed from the case during the trial.  The plaintiffs alleged that the defendants were negligent in failing to refer an 8 year old patient for surgery to treat tracheal stenosis.  The plaintiffs alleged that, as a result of the negligence, the patient suffered a hypoxic ischemic injury, resulting in significant neurological injury and complete disability.  The case was defended on the basis that the defendants’ treatment was appropriate in all respects and the patient’s injury occurred due to a choking incident that was entirely unrelated to the patient’s tracheal stenosis.  Following the trial, the jury returned a verdict in favor of the defendant after less than one hour of deliberation.

In November 2016, Michael Barkley obtained a defense verdict on behalf of a general surgeon in a Worcester Superior Court jury trial.  The plaintiff alleged that the defendant general surgeon was negligent in assisting the co-defendant orthopedic surgeon in an anterior lumbar interbody spinal fusion procedure.  18 days following surgery, the patient was diagnosed with a perforated ureter, and underwent extensive treatment to drain a urinoma and repair the ureter.  At trial, all parties agreed that the injury to the ureter resulted from the surgery.  The case was defended on the basis that injury to the ureter is a rare, but recognized, complication that can (and in this case did) occur in the absence of negligence during a spinal fusion procedure performed with an anterior approach.  The defense argued that this complication occurred despite proper, appropriate precautions and surgical technique, and not due to negligence on the part of the surgeons, and that there was no negligent delay in diagnosis of the patient's condition during the immediate postoperative period.  After evidence was presented over 5 days, the jury deliberated less than an hour before returning a verdict in favor of both defendant surgeons.

In October 2016, Ellen Cohen defended a gastroenterologist in a case tried in Middlesex County against four physicians.  The plaintiff alleged that his wife died a premature and wrongful death as a result of an alleged delay in the diagnosis and treatment of colon cancer.  At trial, the plaintiff’s attorney tried to make it appear that there had been poor communication and a lack of coordination of care among the providers.  After a trial which lasted over two weeks, the jury returned a defense verdict in favor of all of the defendant physicians within two hours, concluding that none of the providers had been negligent.  The verdict indicated that this jury accepted the premise that a “doctor/patient relationship” imparts a shared responsibility on both the providers and the patient.

In September 2016, Ellen Cohen obtained a defense verdict in a case tried in Suffolk County, which had been brought against two primary care providers alleging that they were responsible for the unpredicted spontaneous suicide of a patient.  The jury returned a verdict finding that there had not been any negligence by either defendant, despite the tragic outcome for this patient and his family.

In August 2016, George Wakeman and Brent Gilbert obtained defense verdicts on behalf of their clients, a reproductive endocrinologist and a radiologist, following a 5 week jury trial in Norfolk Superior Court in Dedham.  The plaintiffs alleged that the defendants were negligent in failing to identify that ultrasound imaging performed following IVF treatment revealed both intrauterine and ectopic pregnancies (also known as a heterotopic pregnancy).  The plaintiffs alleged the delay in diagnosis of the heterotopic pregnancy allowed it to rupture at 14 weeks requiring urgent surgery, causing the fetus to sustain a hypoxic-ischemic injury in utero, resulting in the baby’s severe birth defects and current complete disability.  Following the 5 weeks of trial, the jury returned a verdict in favor of the defendants (8 individuals and 4 corporations) after 6 hours of deliberations.

In June 2016, Michael Barkley obtained a defense verdict in Superior Court on behalf of a physician assistant practicing in a hospital emergency department.  The physician assistant was one of six defendants in the case.  The plaintiff alleged that the defendant physician assistant failed to timely diagnose and treat a cervical spine injury, causing a delay in spinal decompression surgery and resulting in permanent neurological deficits to the plaintiff.  The case was tried over 18 days in Bristol Superior Court in Taunton, MA.  The jury returned a verdict finding that the defendant physician assistant was not negligent in his care and treatment of the plaintiff. 

In June 2016 Jennifer Herlihy and Cassandra Feeney successfully defended a neurological surgeon following a three-week jury trial in the Providence County Superior Court.  The plaintiff alleged there was a delay in diagnosis of a spinal infection. The jury returned a verdict on behalf of the neurological surgeon that there was no negligence in his care and treatment of the patient.

In May 2016, Michael Barkley obtained a defense verdict in Superior Court on behalf of an ophthalmologist.  The plaintiff alleged that the failure to properly discharge a patient following a consultation provided in an emergency department caused the patient to leave the hospital with an unintended toxic medication that caused the plaintiff to sustain a perforated cornea requiring corneal transplant.  The case was tried over 9 days in Essex Superior Court, following which the jury returned a verdict in favor of the ophthalmologist, finding that he was not negligent in his care and treatment of the plaintiff.

In March 2016, Michael Barkley and Brent Gilbert obtained defense verdicts on behalf of their clients, an orthopedic surgeon and his employer, a physician practice group, following a 3 week jury trial in Plymouth Superior Court in Brockton.  The plaintiff alleged that the defendant surgeon was negligent in failing to order additional imaging studies or a biopsy, allegedly resulting in a one year delay in diagnosis of Non-Hodgkin’s lymphoma.  The plaintiff alleged progression of disease as a result of the one year delay, resulting in pain and suffering and a decrease in her opportunity for cure.  The case was tried over 13 days, following which the jury deliberated approximately 90 minutes and returned a verdict in favor of the defendants, finding that there was no negligence.

In February 2016, George Wakeman and Michael Barkley obtained defense verdicts on behalf of a transplant surgeon and fellow in transplant surgery following a 3 ½ week jury trial in Suffolk Superior Court. The case arose out of transmission of a rare virus to the plaintiff’s decedent through transplantation of a kidney. The plaintiff alleged that the defendants were negligent in accepting a CDC High Risk donor kidney and offering it to the decedent for transplant, and that the defendants failed to adequately disclose the material risks and obtain the decedent’s informed consent for the procedure. Following the transplant and during an extended hospitalization, it was determined that a rare virus had been transmitted through transplantation, which resulted in the decedent’s death. The case was tried over 16 days, following which the jury returned a verdict in favor of both defendants, finding that they were not negligent and did not fail to obtain the decedent’s informed consent.

In November 2015, Jennifer Herlihy and Brent Gilbert obtained a defense verdict in a Plymouth Superior Court jury trial on behalf of a urologist. The plaintiff alleged that the defendant injured the patient intraoperatively, necessitating the procedure be aborted. The plaintiff alleged that the defendant was negligent in realizing this error. The experts demonstrated at all times the urologist complied with the standard of care. Further, experts in radiology and pathology were able to establish presumptively that there was no injury during surgery.

In November 2015, Bernie Guekguezian obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a Nurse Practitioner. The plaintiff alleged that the defendant failed to appreciate reports of unstable angina in her husband and failed to act on findings of “new PDA ischemia” and “wall motion abnormality” in her husband’s cardiac stress test. The plaintiff alleged that the defendant was negligent for judging her husband’s cardiac status as “stable” and instead should have admitted him to the hospital. The decedent died suddenly from a cardiac event 6 days after the subject appointment with the Nurse Practitioner. The plaintiff brought claims on behalf of herself and her five children.

In October, 2015 Ellen Cohen successfully defended an OB/GYN who was sued with regard to an alleged injury after newborn circumcision. The defense focused not only on defending the technique used by the physician for performing a Mogen clamp circumcision, but also contested that there was any real or significant injury. After 7 days of trial, the jury returned a verdict quickly indicating that the defendant physician had not been negligent.

In October 2015, Michael Barkley obtained a directed verdict on behalf of a primary care physician. The plaintiff alleged that the defendant negligently failed to diagnose and treat a foot injury. The case was tried in Marlborough District Court.

In September 2015, Bernie Guekguezian obtained a defense verdict in a Norfolk Superior Court jury trial on behalf of an Emergency Physician. The plaintiff’s 52 year old decedent came to the emergency room several days after undergoing abdominal surgery. He presented with a panic attack and reported difficulty ambulating at home.  A blood test in the ER revealed a hematocrit (the measure of red blood cells in the blood) of 27, well below his pre-operative baseline of 46.  He was discharged  with a diagnosis of anxiety.  He was found dead in his home less than 24 hours later.  The case was referred to the Medical Examiner’s office, who concluded that the patient died of intraperitoneal hemorrhage due to dehiscence of sutures.  The plaintiff’s family brought suit alleging that the patient’s surgical history, complaints and blood test results were all indications that the patient was experiencing an active abdominal bleed in the ER.  The family claimed that the patient should have been admitted to the hospital with a diagnosis of likely abdominal bleed and that such admission would have led to the diagnosis and repair of the bleed.  The jury returned its “no negligence” verdict after 90 minutes of deliberation.

In July 2015, Ellen Cohen defended a gastroenterologist in a case in which the plaintiff sustained injury to her spleen requiring splenectomy surgery following a screening colonoscopy. Spleen injury is a rare but known risk of colonoscopy. Plaintiff tried to use the fact that spleen injury occurred as evidence that there must have been negligence in the performance of the colonoscopy; Defendant adamantly denied anything improper in the technique he utilized, and proved that this patient had aberrant anatomy regarding her spleen and colon proven by pathology, which could not have been known by the gastroenterologist in advance of the procedure. The jury returned a verdict in favor of the defendant finding that he had not been negligent.

In June of 2015, Bernie Guekguezian obtained a defense verdict in a Worcester Superior Court jury trial on behalf of a family practice. The plaintiff alleged that the employees of the practice failed to appropriately follow up on symptoms relayed to them during a telephone call and improperly instructed her to continue using an inappropriate medication. The plaintiff claimed that she suffered acute renal failure and sepsis and that she suffered permanent kidney damage as a result. The jury deliberated for 50 minutes before rendering its verdict.

In May 2015, Michael Barkley obtained a defense verdict on behalf of an endocrinologist following a six day jury trial in Plymouth Superior Court (Brockton). The plaintiff alleged that the defendant endocrinologist was negligent during an outpatient office visit by allowing her to fall from the examination table during a medical exam, resulting in significant injuries.  After just over an hour of deliberations, the jury returned a verdict finding that the defendant endocrinologist was not negligent in her treatment of the plaintiff. 

In February 2015, George Wakeman obtained a defense verdict on behalf of general surgeon in a case alleging significant personal injuries following a cervical lymph node biopsy and resulting cervical nerve injury. The case was tried in Plymouth Superior Court in Massachusetts. The plaintiff alleged that the defendant negligently injured the cervical nerve during the biopsy resulting in pain, limitations on use of the right (major) arm and disfigurement. Plaintiff presented an expert in surgery from a major academic center in NY. The defense presented experts in general surgery and neurology from Tufts. After 5 days of trial, the jury returned a verdict in 35 minutes in favor of the defendant surgeon.

In December, 2014 Bernie Guekguezian obtained a defense verdict in a Worcester Superior Court jury trial on behalf of an Emergency Room Physician. The plaintiff, a 47 year old, alleged that the physician was negligent when he diagnosed her back pain and lower extremity numbness as a back strain and drug seeking behavior. She alleged that he should have diagnosed her with Cauda Equina Syndrome, a malady in which disc material compresses the spinal nerves. She returned to the ER days later and was admitted to the hospital and diagnosed with Cauda Equina Syndrome. She underwent surgery, but was left with permanent and complete lack of bowel and bladder function and permanent and complete lack of sexual function/feeling.

Ellen Epstein Cohen represented 3 OB/GYNs in a trial in Suffolk Superior Court in October, 2014 involving a stillbirth. The allegations included that all 3 OB/GYNs were negligent for having not performed a cesarean section delivery quickly enough. After a three week trial, and roughly 3 hours of deliberations, the jury returned a verdict in favor of all 3 physician defendants. Brent Gilbert was the second seat at trial on the defense team.

In October 2014, Michael Barkley obtained a defense verdict on behalf of an oral and maxillofacial surgeon following a five day jury trial in Middlesex Superior Court (Lowell). The plaintiff alleged that the defendant oral surgeon was negligent in connection with a surgical procedure to remove a foreign body from the antrum and repair an oral-antral communication, allegedly resulting in an acute palatal hemorrhage, five day hospitalization, multiple subsequent surgeries, and a chronic oral-antral communication. After approximately 2 hours of deliberations, the jury returned a verdict finding that the defendant oral surgeon was not negligent in his care and treatment of the plaintiff.

In October, 2014 Bernie Guekguezian obtained a defense verdict in an Essex Superior Court (Lawrence) jury trial on behalf of an Obstetrician/Gynecologist. The plaintiff, a 21 year old, alleged that the physician caused a 2 cm perforation of her bowel during laparotomy and also failed to identify the perforation prior to closure. The plaintiff became septic in the 36 hour period after surgery and was transferred to a tertiary care facility, where the perforation was identified. The plaintiff had emergency remedial surgery to repair her bowel and remove her fallopian tube and had an extensive recovery period. She alleged permanent injury and disfigurement. The jury returned its verdict after 90 minutes of deliberations.

On October 1, 2014, George Wakeman and Cassandra Feeney obtained a judgment as a matter of law at the close of plaintiff’s evidence in favor of a major teaching hospital in Providence, RI. The suit was brought by a plaintiff who claimed that she fell in or near a mulch bed on the premises of the hospital, injuring her right hand, head, and right shoulder. The plaintiff argued that the hospital negligently maintained its premises, and she had no alternative other than walking through the mulch bed. The defense was able to demonstrate on cross-examination that the plaintiff could not identify what caused her to fall and by extension, how long the condition has existed. After two days of trial in the Providence Superior Court before Judge Procaccini, attorneys Wakeman and Feeney were successful in obtaining a judgment as a matter of law and plaintiff’s complaint was dismissed.

In September 2014 Jennifer Herlihy and Megan Pimentel obtained a defense verdict in Worcester County on behalf of a plastic surgeon. The plaintiff alleged negligent postoperative management following breast reduction surgery. The patient suffered nipple necrosis, a rare, but recognized complication. After 6 days of trial with supportive expert review on behalf of the plastic surgeon, the jury returned their finding that the surgeon had complied with the standard of care in his management of this patient. A Judgment in favor of the defendant was entered by the Court.

In September 2014 Ellen Cohen defended an oral surgeon in a case involving the alleged delayed diagnoses of an ameloblastoma in the mandible of a teenager who eventually underwent mandibular resection and reconstructive surgery. The jury returned a verdict finding the surgeon was not negligent in his care of the patient.

In June 2014, George Wakeman obtained a defense verdict on behalf of three radiologists in a case alleging w