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Typically, a plaintiff in a Massachusetts medical malpractice lawsuit will assert a negligence claim against the defendant, but in cases in which the defendants’ acts were especially egregious, the defendant may not only be held liable for negligence, but also for gross negligence. In a recent Massachusetts case in which the defendant doctor appealed the trial court verdict, the appellate court discussed the factors weighed in determining if a defendant’s actions constitute gross negligence. If you were harmed by a negligent healthcare provider, it is advisable to consult an attorney regarding what claims you may be able to pursue.

Factual and Procedural History

It is reported that the plaintiff’s decedent underwent a surgical repair of a hiatal hernia that was performed by the defendant. During the procedure, the defendant used tacks to attach the mesh to the decedent’s diaphragm. The warning materials for the tacks indicated they should not be used in certain areas of the body, such as near the pericardium. Following the surgery, the decedent began to experience cardiac symptoms and ultimately died due to cardiac arrest.

Allegedly, the plaintiff filed a medical malpractice lawsuit against the defendant. Following a trial, a jury found in favor of the plaintiff, finding the defendant was both negligent and grossly negligent in the treatment of the decedent, and that his negligence caused the decedent’s death. The defendant appealed on the issue of whether he was grossly negligent.

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Many claims against national corporations are filed in or removed to federal court based on diversity jurisdiction. For a federal court to exercise jurisdiction over a case, though, there must be complete diversity between the plaintiff and all named defendants. Thus, in some instances, a defendant will allege that a plaintiff fraudulently joined a defendant that resides in the same jurisdiction as the defendant, simply to keep a case out of federal court. Recently, a Massachusetts district court discussed fraudulent joinder in a product liability case against a car manufacturer and car dealership. If you sustained injuries due to a defective product, you should speak to a seasoned Massachusetts product liability attorney to assess what damages you may be owed.

Factual and Procedural History

It is reported that the plaintiff’s decedent was driving her car when it suddenly accelerated, causing her to lose control and crash into a building. The decedent died due to her injuries. The plaintiff subsequently filed a wrongful death lawsuit in Massachusetts state court against the defendant auto dealership that sold the car, which had a principal place of business in Massachusetts, and the defendant auto manufacturer that made the car, which had a principal place of business in California, asserting claims of negligence and breach of the implied warranty of merchantability. The defendants moved the case to federal court, arguing that the defendant auto dealer was fraudulently joined and that the plaintiff could not maintain claims against the defendant auto dealer. The plaintiff then filed a motion to remand.

Jurisdiction Based on Complete Diversity

Under federal law, a lawsuit that may otherwise be removed to federal court based on diversity jurisdiction may not be removed if any of the parties properly joined as defendants and served by the plaintiff are citizens of the state where the lawsuit was brought. A plaintiff cannot, however, impede a defendant’s right to remove a case by fraudulently joined a defendant that has no true connection to the case but is non-diverse.

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In Massachusetts, if an employee suffers an injury in the workplace, the employee is typically limited to pursuing a workers’ compensation claim to recover compensation for his or her harm. If the person that suffers an injury while working is not an employee, however, he or she may be able to pursue a claim for damages if the injury was caused by another person’s negligence. As explained in a recent Massachusetts case, though, a person that employs an independent contractor generally cannot be held liable for injuries caused by the negligent acts of the contractor. If you suffered harm due to someone else’s negligence, you may be able to pursue a claim for damages and should consult a trusted Massachusetts personal injury attorney to discuss your harm.

Facts of the Case

It is reported that the defendant homeowner hired a general contractor to perform renovations on her home. In turn, the general contractor hired the plaintiff, a subcontractor, to assist with the project. During the project, the plaintiff severed his thumb while using a table saw he owned. The plaintiff then filed a negligence claim against the defendant, arguing she negligently caused his injury by failing to provide a safe construction area. The defendant filed a motion for summary judgment, which was granted by the trial court. The plaintiff appealed, and on appeal, the appellate court affirmed the trial court ruling.

Employer Liability for Harm Caused by an Independent Contractor

In part, the plaintiff alleged that the defendant should be held liable for the plaintiff’s harm because the defendant retained control over the project. Generally, a person that employs an independent contractor will not be deemed liable for any harm negligently caused by the independent contractor. In other words, the independent contractor’s work should be considered his or her own enterprise, and the independent contractor should be charged with the duty of preventing harm to others.

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When a plaintiff files a civil lawsuit seeking damages for harm allegedly caused by an accident, the plaintiff places his or her health at issue. Thus, the defendant in the lawsuit is permitted to seek evidence regarding the plaintiff’s health prior to and after the accident, which can include examinations by a neutral third party. Recently, a Massachusetts court discussed what examinations a defendant is permitted to request in a case in which the plaintiff alleged injuries caused by a car accident. If you were injured in an accident caused by another party, it is advisable to speak to a zealous Massachusetts personal injury attorney regarding what steps you may be able to take to protect your rights.

Factual History

It is reported that the plaintiff suffered injuries when she was riding as a passenger in a car that was involved in an accident. She subsequently sued the driver of the car for damages, alleging in part that she suffered a closed head injury due to the defendant’s negligent driving. Following the accident, the plaintiff had to be hospitalized three times for the management of anxiety, depression, and substance abuse. She subsequently underwent an evaluation with a neuropsychologist who stated that her recent mental health symptoms were consistent with a traumatic brain injury.

Allegedly, the plaintiff also identified an expert who would testify as to the plaintiff’s loss of earnings due to the accident. The defendant moved to compel the plaintiff to undergo two separate independent evaluations, one by a neuropsychologist and one by a vocational expert. The plaintiff opposed the defendant’s motion, arguing that the defendant should rely on the evaluations produced by the plaintiff.

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When people decided to attend college, they generally assume that whatever school they attend will provide a safe environment. Thus, in some instances in which a person suffers injuries while attending a university, the school will be deemed accountable. Liability will not be imposed in all instances, however, but only when the harm suffered is foreseeable, as discussed in a recent Massachusetts case. If you suffered harm due to the negligence of another party, you may be able to recover compensation and should consult a knowledgeable Massachusetts personal injury attorney to discuss your potential claims.

Facts Regarding the Plaintiff’s Harm

It is reported that the plaintiff, who was a freshman at the defendant university, attended a party with a male freshman that lived in her dorm. The party was hosted by a resident assistant from another dorm. While at the party, the plaintiff became extremely intoxicated and vomited several times. The male freshman offered to walk the plaintiff home, and she accepted. They ultimately ended up in the male’s room where they engaged in sexual intercourse. The plaintiff vomited while in the male’s room.

Allegedly, the following day she reported that she would not have engaged in sexual activity with the male if she had been sober. The male was eventually charged with sexual assault. The plaintiff then filed a lawsuit against numerous parties, including the defendant university. Specifically, among other things, the plaintiff alleged the defendant was negligent for failing to protect her from the assault. The defendant moved to have the plaintiff’s claims dismissed via summary judgment. The trial court granted the motion, and the plaintiff appealed.

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In many instances in which a person is harmed by a corporation, the person will be a citizen of one state, while the corporation will be recognized as a citizen of another state. Thus, in many cases in which a plaintiff seeks damages from a corporation, the case will either be filed in or removed to federal court. Simply because a case is filed in or removed to a federal court does not mean that the court can properly exercise jurisdiction over a matter, however. This was discussed in a recent Massachusetts case in which the District Court assessed whether it had sufficient grounds to exercise jurisdiction over the corporate defendant under the Massachusetts long-arm statute. If you sustained harm due to corporate negligence, it is prudent to meet with a skillful Massachusetts personal injury attorney to discuss what compensation you may be able to recover.

Factual Background

It is reported that the plaintiff’s decedent used the defendant’s cleaners and solvents for automobile parts throughout the duration of his career as a mechanic in Florida. He subsequently was diagnosed with myelodysplastic syndrome and leukemia, which he ultimately died from. The plaintiff then filed a lawsuit against the defendant in Massachusetts state court, alleging the defendant knowingly sold products that contained carcinogens, and that the decedent’s exposure to those products ultimately resulted in his death. The defendant removed the case to the District Court and then filed a motion to dismiss. On review, the court denied the defendant’s motion.

Jurisdiction Under the Massachusetts Long-Arm Statute

For a court to exercise personal jurisdiction over a defendant, a plaintiff must first satisfy the Massachusetts Long-Arm Statute (the Statute). Under the Statute, a court may exercise personal jurisdiction over a company that has its principal place of business in Massachusetts or causes a tortious injury in Massachusetts, either directly or through an agent. A plaintiff alleging jurisdiction based on a tortious injury must demonstrate that a tortious act occurred in Massachusetts. A court evaluating where the harm occurred will assess whether the defendant’s contact’s within the state should be considered the first event in a chain of events that led to the plaintiff’s harm.

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A person suffering from disabilities that prevent the person from holding gainful employment may be eligible for Social Security Disability Benefits. While physical disabilities preclude many recipients of Social Security Disability Benefits from working, mental disabilities can impair a person’s ability to work as well, and evidence regarding mental impairments should not be disregarded. This was discussed in a recent Massachusetts case in which the court overturned the final decision of the Social Security Administration Commissioner on the grounds the decision was not supported by substantial evidence under the Social Security Act. If you are suffering from a mental impairment, you should speak to a trusted Massachusetts Social Security Disability attorney to discuss what benefits you may be eligible to obtain.

Factual Background

It is alleged that the plaintiff filed for Social Security Disability Benefits in July 2016, due to physical and mental disabilities. His application was denied and after a subsequent hearing, the denial was affirmed. The plaintiff then filed a motion to reverse the Social Security Administration Commissioner’s final decision, while the Commissioner filed a motion to affirm the final decision. Upon review, the court granted the plaintiff’s motion and remanded the case for further proceedings.

Evidence of Mental Health Conditions

On appeal, the plaintiff argued that the Commissioner failed to consider important evidence regarding the plaintiff’s mental health issues prior to affirming the denial of the plaintiff’s application for benefits. While the court found that several of the plaintiff’s arguments fell short, the court agreed that the hearing officer improperly discounted the opinions of the plaintiff’s treating provider.

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Under Massachusetts law, a plaintiff seeking to recover damages from a defendant in a car accident case must not only prove that the defendant caused the accident, but also that the plaintiff suffered actual harm due to the accident. As such, if a plaintiff cannot establish that he or she sustained injuries in a car accident, the jury may find in favor of the defendant, as shown in a recent Massachusetts case in which an appellate court affirmed the jury’s ruling. If you were harmed in a car accident caused by someone else’s reckless driving, it is in your best interest to speak to a capable Massachusetts car accident attorney regarding what evidence you must produce to recover compensation.

Facts of the Case

It is alleged that the defendant struck the plaintiff’s vehicle as the defendant was turning left out of a gas station. The plaintiff admitted that she was either not moving or moving at a rate of fewer than five miles per hour when the accident occurred, and there was minimal damage to either vehicle. The plaintiff ultimately filed a personal injury lawsuit against the defendant, alleging that the defendant was negligent and that her negligence caused the plaintiff to suffer a concussion, tinnitus, exacerbation of back and neck pain, and vertigo. Following a trial, the jury found in favor of the defendant. The plaintiff filed a motion for a judgment notwithstanding the verdict or for a new trial, which was denied. The plaintiff then appealed, and on appeal, the appellate court affirmed the trial court ruling.

Overturning a Jury’s Verdict Under Massachusetts Law

Under Massachusetts law, a plaintiff asking a court to overturn a jury verdict on the grounds that the jury’s ruling constitutes an error as a matter of law faces a high burden. Specifically, if the court finds that any evidence from any source demonstrates circumstances from which an inference could be drawn in favor of the non-moving party, the verdict will not be disturbed. The verdict is especially high when the plaintiff is the party challenging the jury’s verdict, as the plaintiff bears the burden of proof.

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In many instances in which a person is injured by a harmful product, the person will be able to pursue multiple claims against the entities responsible for designing, manufacturing, and distributing the product. If a plaintiff alleging multiple claims in a product liability case is unable to prove one claim, however, it may preclude the plaintiff from recovering under other claims. This was discussed in a recent Massachusetts lawsuit in which the plaintiff sought to recover damages caused by defective transvaginal surgical mesh, but voluntarily waived her breach of the warranty of merchantability claim, resulting in the dismissal of her negligence claims. If you suffered harm because of an unsafe product, it is advisable to confer with a knowledgeable Massachusetts personal injury attorney to discuss what damages you may be owed.

Facts of the Case

It is alleged that the plaintiff underwent surgery in 2008, during which the defendant physician implanted transvaginal surgical mesh. About five years after the surgery, the plaintiff began experiencing pelvic pain, suffered unintended weight loss, and lost the ability to be intimate with her partner. She subsequently filed a complaint in multi-district litigation, asserting claims of strict liability, breach of express warranty, strict liability failure to warn, breach of an implied warranty, and negligence. She subsequently waived numerous claims, including her claims for breach of warranty. The defendants then filed a motion for summary judgment, asking the court, in part, to dismiss the negligence claim. Upon review, the court granted the defendants’ motion as to the negligence claim.

Negligence and Breach of the Warranty of Merchantability

Under Massachusetts law, a plaintiff pursuing a negligence claim in a product liability case must prove that the defendant breached the warranty of merchantability to recover under the negligence claim. In other words, while a defendant may be found to breach the warranty of merchantability without being deemed negligent, the opposite is not true.

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