Committed to Justice in Boston and Beyond

Five patients of Dr. Tzay Chiu at Cataract & Laser Center West in West Springfield, Massachusetts were left blinded following cataract surgery on the same day. The injuries have confounded cataract surgeons, who say that even one serious injury is rare. According to the surgery center’s investigative reports, Dr. Chiu — the anesthesiologist on each of the cases — possibly pierced the patients’ eyeballs with his needles. Dr. Chiu’s attorney has not provided comment. surgery

Five surgeries took place that morning, four within a 30-minute period. More than one patient was heard screaming as the numbing needle was administered. On the following day, four patients discovered they could not see from the eye on which the doctor operated. The fifth patient has a crescent-shaped blind spot that greatly restricts his sight. Two of the patients have filed lawsuits, and all five have hired attorneys.

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The Massachusetts Court of Appeals recently held that a plaintiff’s harassment order was wrongfully extended because there was insufficient evidence of harassment. Specifically, there was no evidence that the defendant acted with intent to cause fear, intimidation, abuse, or damage to property.

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Defendant Kinzy Reason and plaintiff Elizabeth Gassman lived in the same apartment in Brighton, Massachusetts. Reason lived in an apartment unit directly below Gassman, who played the piano frequently–a source of continued annoyance and distress for Reason.

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Last month, Rikki Carlson filed suit in federal court in the District of Massachusetts against Bristol-Meyers Squibb, Otsuka Pharmaceutical, and Otsuka American Pharmaceutical for injuries allegedly suffered from the anti-psychotic drug Abilify.

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The Fall River woman claims that she suffered damages as a result of the defendants’ wrongful conduct regarding the design, labeling, promoting, marketing, development, testing, packaging, advertising, and distribution of the drug. Her lawsuit includes claims of strict liability, negligence, breach of warranty, and fraudulent concealment.

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A Massachusetts appeals court recently reversed a lower court’s grant of summary judgment to a defendant retail store following the plaintiff’s injury in the store, despite admitting that the plaintiff did not have a very strong case. pallets

Defendant Boys in Berries, LLC operates a farm and retail store in Sharon, Massachusetts. In July 2010, Maria Belanger arrived at the farm store with her husband, Ray, entering the store while her husband stayed in the car. Belanger selected a few items to purchase and went to check out. At the end of the checkout counter was a large cardboard box placed on top of a wood pallet. The box and pallet were directly adjacent to the end of the checkout counter, set back several inches from the vertical surface of the counter. From the checkout line, the top of the box was visible, but the square pallet on which it rested could not be seen. While in line, Belanger noted that the box was octagonal.

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Court documents reveal that a minimum of $550,000 was paid out to settle a lawsuit filed by a Cohasset, Massachusetts family over a 2013 crash in Port Clyde, Maine.

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In August 2013, Dylan Gold was killed after being hit by a sedan driven by Cheryl Torgeson of New York. The incident occurred as the Gold family waited for the ferry. Torgeson was stopped behind a line of cars waiting to get on the wharf when her sedan accelerated unexpectedly and struck a building, the Golds, and several other vehicles.

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The parents of a Somerset, Massachusetts girl who choked on a marshmallow at a party have filed suit against the host family for wrongful death. The lawsuit was filed on July 11 and seeks undetermined pecuniary damages. The complaint alleges that their daughter would still be alive if not for the hosts’ negligence.marshmallow

Azriel Estabrooks died at Hasbro Children’s Hospital in April. The girl was taken to the Providence, Rhode Island hospital for specialized treatment after being found unconscious at a friend’s birthday party. She was hospitalized for seven days before she passed away. Ariel was 11.

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The Massachusetts Court of Appeals recently upheld a multi-million dollar judgment in favor of two daughters sexually abused by their father continuously for several years.

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Defendant William Kelley sexually molested and abused his two daughters, identified in court fillings as B.K. and W.K., on myriad occasions. He allegedly molested B.K. 3-5 times per week when she was between the ages of 12 and 15, and he continued to molest her on occasion when she was 16 and 17. Kelley would enter B.K.’s room almost nightly, undress, get into her bed, and fondle her. He encouraged her to masturbate and sleep in the nude, and he explained to her how to give a hand job.

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The family of a six-year-old girl acutely allergic to peanuts filed a lawsuit for negligence last week in Middlesex against Panera Bread. The family claims the girl’s grilled cheese sandwich at the Natick Panera Bread this past January was served with a massive glob of peanut butter, requiring her to be hospitalized.

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John Russo, the girl’s father, said his wife and he are always careful to explain their daughter’s peanut allergy at restaurants. They do not leave home without an epinephrine pen in case she is accidentally exposed. When Russo’s wife, Elissa, ordered electronically from Panera on the day of the incident, she noted on two separate occasions that the grilled cheese was for a child with a severe peanut allergy. This fact rendered the episode particularly egregious to the couple.

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The Massachusetts Court of Appeals recently upheld the victory of the administratrix of the estate of decedent Jeanne Ellis in her lawsuit against Dr. Peter Clarke for wrongful death and malpractice. The jury determined that defendant Dr. Peter Clarke was negligent in his care and treatment of Ellis and that his negligence was a substantial contributing factor causing Ellis’s death from lung cancer. Clarke appealed from the denial of his motion for judgment notwithstanding the verdict and for new trial or, in the alternative, remittitur. The court affirmed.

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Dr. Clark contended that the motion for judgment notwithstanding the verdict (judgment n.o.v.) was improperly denied because the evidence at trial was insufficient for a number of reasons. He first argued that one of Ellis’ expert witnesses, Dr. Luchs, a radiologist, was unqualified to render an opinion on standard of care because he was not an emergency radiologist. The appeals court found that the the trial court correctly determined that Dr. Luchs was qualified; he is a diagnostic radiologist who specializes in vascular and interventional radiology. Throughout his career, he had read and reported chest x-rays from emergency departments.  Dr. Luchs had substantially similar education and training as both Dr. Clarke and Dr. Abujudeh, one of Clarke’s experts. Moreover, Dr. Luchs testified that his job often required him to read x-rays in an emergency room setting. For these reasons, the appeals court concluded that there was no abuse of discretion in admitting his testimony.

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The family of a woman who died from pregnancy complications at Cooley Dickinson Hospital in Northampton was recently given the authority to proceed with their wrongful death lawsuit. Paula Sampson, a 32-year-old Hadley resident, died while she was a patient at Cooley in 2013. The family sued shortly thereafter. surgery

In Massachusetts medical malpractice lawsuits, a tribunal made up of a judge, an attorney, and a doctor hear arguments and decide whether there is sufficient evidence for the suit to continue. (The members of the tribunal are not otherwise involved with the lawsuit.)

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