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funeralThe police are supposed to serve and protect citizens, but sometimes things can go wrong. In this tragic case, a Massachusetts State Trooper shot and killed a man who was threatening to kill him. Representatives of the deceased man brought this wrongful death suit. In certain circumstances, citizens may be entitled to damages from law enforcement after a wrongful death or other tort actions. Your experienced Massachusetts wrongful death attorney can help you to understand your rights in this regard.

Motion for Summary Judgment

The defendants moved for summary judgment. Summary judgment motions will be granted when there is no issue of material fact between the parties. In other words, both sides agree on the basic facts. For summary judgment to be granted, the moving party must also show that even when the facts are looked at in the light most favorable to the other party, the moving party is still entitled to judgment as a matter of law. In this case, both sides agree on the essential facts of the case.

A man was driving erratically when he was pulled over by a trooper. Unbeknownst to the police, he suffered from severe mental illness. Another trooper came and the man began to lunge at him with a pen and threatened to kill him. After pepper spraying the plaintiff twice without slowing him down, the plaintiff continued to lunge at the trooper. Another trooper pulled up and saw the plaintiff with something in his hand lunging at the officer. The trooper that came on the scene shot the man twice and he died from his injuries at the hospital.

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prescription medicationIf you’ve ever seen a pharmaceutical commercial on television, you probably know that there will be a portion of the commercial where the announcer will give a long list of potential side effects from the medication. This is because drug companies have a responsibility to warn customers of potential side effects of their medication. This case involves a prescription anti-psychotic drug that was prescribed to the defendant, an inmate in a correctional institution. He is alleging that the medication he was given caused gynecomastia, which is when men start to develop breasts. In order for someone to prevail on a claim against a drug manufacturer, they – with the assistance of their skilled Massachusetts product liability attorney – need to prove some specific things.

Standards to Hold Drug Companies Accountable

In the United States, the pharmaceutical industry is governed by the Food and Drug Administration (FDA). Drug manufacturers have a responsibility to disclose any side effects that they have knowledge of. As side effects are considered part of taking a medication, just because you suffer side effects does not mean that you will be able to recover damages. There are only specific circumstances where a consumer hurt by pharmaceuticals can hold them accountable for damages.

pharmacy Many people in the U.S. depend on lifesaving medications. When those medications are unavailable or inaccessible, it can lead to severe consequences, up to and including death. That is what happened in this tragic case heard by the Massachusetts Supreme Court. If you or a loved one has been injured or killed by the actions of someone else – whether due to a car accident, slip and fall, medical malpractice, or any other kind of wrongdoing – you should contact an experienced Massachusetts personal injury attorney to see if you are able to hold the wrongdoers accountable under Massachusetts law. 

Medications and Prior Authorization 

The plaintiff in this case was 18 when she had her first seizure. She was brought to the hospital and given Topamax, an anti-seizure medication. She was instructed to continue taking the Tomamax. She filled her initial prescription at her pharmacy with no issues. When she tried to get a refill of the prescription, she was told it was too early and that in the future her insurance provider would require an authorization form to be filled out by her prescriber.

The plaintiff’s mother testified that the pharmacist told her it was the pharmacy’s policy to inform the prescriber through phone or fax, but in this case there wasn’t any evidence showing that the prescriber was notified. Though the court points out that there is no law requiring the pharmacy to do this. The pharmacy’s computer system requires only one click of the mouse to make the notification happen. However, at the time of this incident the pharmacy did not keep records about its contacts with prescribers. Continue reading

wrongful deathThe father of a son who committed suicide brought this wrongful death action against the college he was attending at the time. The father alleged that the school had a duty to prevent his son’s suicide. However, the Supreme Judicial Court of Massachusetts held that the school had no duty to prevent the suicide of his son.

Facts of the Case

This tragic case involves a 25 year old graduate student who was living off campus while studying marketing. A couple of years before his death he sought help with test taking from his academic advisors. His advisor recommended that he take advantage of the services for students with disabilities, but he declined. He was also referred to the mental health and counseling services on campus.

While he went to a few mental health appointments, the young man said that he found the appointments to be “useless,” and believed his test taking problems were unrelated to his mental health. He did disclose that he suffered from depression and had previous suicide attempts but did not currently have suicidal ideation. He also stated that he was seeing a private psychologist. Continue reading

Legal News GavelAfter a jury awarded over $35 million to a woman in a medical malpractice case (later reduced to $32.5 million), the defendant appealed the verdict on a number of grounds. This case involves a woman who was a marathon runner and exercise class instructor who complained of dizziness. An MRI revealed that she had a “venous varix” in her brain, which is similar to an aneurysm. However, this was not found to be the cause of her dizziness. Her primary care doctor, an employee of the defendant, received a copy of this MRI but never noted the venous varix on her problem list.

A few years later she became pregnant. Since her obstetrician did not know about her venous varix, and she had no way of knowing it was relevant, she did not have a Caesarian section as recommended for people with the condition and instead gave birth naturally. Some hours after giving birth she suffered a debilitating headache and went into a coma for a month. After the coma her left side was paralyzed and she now has difficulty chewing, swallowing, and speaking. She will most likely need 24/7 care for the rest of her life. Based on these facts, at the initial trial the jury awarded her $35 million which was later reduced due to a calculation error. The hospital appealed.

If you or a loved one have been a victim of medical malpractice, you should contact an experienced Massachusetts medical malpractice attorney as soon as possible. They can help you to understand your rights and any recovery you may be entitled to under the law.

Legal News GavelThe Massachusetts Supreme Court recently decided a case about the duty of care that psychiatrists and psychiatric hospitals have to people who may be harmed by current or former patients. Specifically, in this case a man was involuntarily committed to a psychiatric hospital after acting bizarrely and making threats of violence toward family members. After he was released from the hospital he murdered his neighbor. This claim was brought as a wrongful death claim by the family of the neighbor. The neighbor’s family alleged that the hospital and the man’s psychiatrist were liable for wrongful death by negligently letting the man leave the hospital. If you have been injured or a loved one was killed due to the acts of another, you should contact a knowledgeable Massachusetts wrongful death attorney as soon as possible. You may be able to hold the wrongdoers accountable for their actions.

Involuntary Hospitalization

Massachusetts law allows physicians to hospitalize patients against their will if they have a reason to believe that without hospitalization the person would create a likelihood of serious harm due to their mental illness. The initial period for these hospitalizations is up to three days. However, the superintendent of a psychiatric hospital can initially petition for someone to be held up to six months against their will if they present a risk of harm. This involuntary hospitalization can be renewed if necessary.

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If you are injured at work, you may be eligible for workers’ compensation, and potentially other damages. However, for workers’ compensation purposes, you must be classified as an employee instead of an independent contractor. There are different tests that courts use to determine whether someone is an independent contractor or an employee. The Massachusetts Supreme Court clarified here that the appropriate test is the one in workers’ compensation law. If you are injured on the job, you should contact a skilled Massachusetts workers’ compensation attorney to help you get the benefits that you are entitled to. They can also help you to get any other damages you may be entitled to.

Facts of the Case

A woman worked delivering papers, but she could (and did) subcontract out some of the work. There was a specific time each day that the papers needed to be delivered by, but as long as she delivered them by that time she could deliver them when she wanted. She could choose her route and she used her own car. She worked not for the publishers of the paper, but a third party who employed people to do the delivering of the newspapers. She was delivering newspapers when she fell of a ramp and hurt her right knee and right hand. A few months later she fell again on the ice and hurt her right leg. She eventually needed two surgeries: one for her right hand and one for her right knee. She filed for workers’ compensation due to these injuries. She was denied because the administrative judge determined that she was an independent contractor and therefore not eligible for workers’ compensation.

A resident of a public housing development in Framingham was seriously injured after slipping and falling on the stairs. He filed a claim for damages against the Framingham Housing Authority, Musterfield Place, LLC, (a “controlled affiliate” of the housing authority), and the managing agent of the property. The owner and managing agent of the property filed a partial summary judgment motion that would classify them as public employers. Under the Tort Claims Act, public employers are only liable for damages up to $100,000. The court denied this motion and instead classified the manager and owners of the building as “controlled affiliates.” As “controlled affiliates” they are not public employers and thus do not get the benefit of the damage cap. If you are injured at your apartment building or at another location, you should contact a skilled Massachusetts premises liability attorney as soon as possible to help represent you. This decision allows injured people the ability to collect the full damages they are due for their injuries.Legal News Gavel

Facts of the Case

The building that Plaintiff lived in had been identified as being in need of rehabilitation in 2009. As the housing authority did not have the money themselves to fix the building, private investors bought in to the property partially to get the tax credits associated with the investment. In order to help raise money for low income housing, the housing authority allows these investors to buy and sell the tax credits that they have no use for, as they are not subject to federal taxes. These investors are then deemed “controlled affiliates.” A controlled affiliate is an entity that owns and manages public housing. In return for the tax credits, the affiliates must keep the property affordable for low and moderate income renters for 15 years.

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Unfortunately, bullying happens in schools all over Massachusetts every day. The Massachusetts Supreme Judicial Court issued a ruling earlier this year that clarifies who can be sued when a student suffers physical injuries from bullying. In the case at issue, an elementary school student was pushed down the stairs by a classmate in an act of bullying. The court affirmed a motion to dismiss after a lawsuit was brought against Lynn Public Schools, the school district in Massachusetts where the bullying occurred. The court held that the Massachusetts Tort Claims Act bars this case from going forward and essentially shields the district from liability for this and similar incidents. This does not necessarily mean the family of the injured student has no civil recourse; there may still be other people who could be held responsible for his injuries. Knowing who should be sued can be complicated due to laws like the Tort Claims Act and similar legislation. That’s why it’s so important to contact a skilled Massachusetts personal injury attorney if you are injured. If you don’t include all of the necessary parties, you may lose your chance to hold them accountable.

The Massachusetts Tort Claims Act

The Massachusetts Tort Claims Act specifies that public employers are liable for negligent or wrongful acts when they are committed by employees acting within the scope of their employment. However, the act includes an exception to liability when the violent or tortious act was committed by a third party, unless the employee was the original cause of the situation.

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If you have been injured by a faulty medication, you may be able to hold the drug company accountable for your injuries if your case meets certain standards. The Massachusetts Supreme Court recently heard a case regarding drug companies and their responsibilities regarding generic drugs and the required labeling. The court held that cases against drug companies based on medication injuries from generic versions of drugs can only go forward if the original manufacturer knew about possible injuries but intentionally failed to update this label. Cases against pharmaceutical companies are not only complicated, but they can also be expensive due to the resources that pharmaceutical companies have at their disposal. If you are concerned that you have been injured from a medication, along with seeking the necessary medical care to treat your injuries, you should also contact a knowledgeable Massachusetts product liability attorney as soon as possible to help you with your case.

Generic Labeling Requirements 

In order to bring a new drug to market, drug manufacturers must go through an onerous approval process with the Food and Drug Administration (FDA). Part of the process includes approval of the warning label for the drug that alerts consumers to potential side effects and other risks of the medication. The process for bringing generic versions of already existing drugs to market is much simpler. The manufacturers of generic drugs just need to prove that their medications are essentially the same as the name-brand drug in terms of active ingredients, strength, and route of administration. In order to get FDA approval, generic medications are legally required to show that the warning label is exactly the same as the name-brand medication. Therefore, a generic version is required to have the same label as the name-brand version.

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