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Trial Court: The Norfolk Probate Court Case, Schmidt et als. v. Perini at als., Norfolk Superior Court, Civil Action No. 02-614. Successfully obtained Permanent Injunction for relocation of the Norfolk Probate and Family Court. Case culminated with 2 1/2 week trial in the Superior Court. Case was handled Pro Bono with expenses of litigation funded by a blind trust. See links to articles in the Boston Globe and Massachusetts Lawyers Weekly for facts and background of this case. Case Name Withheld. Medical Malpractice/Civil Rights. Failure To Provide Medical Care To Involuntarily Committed Mental Patient resulting in suicide. $460,000.00 settlement achieved for 3 surviving children on seventh day of jury trial. Case was resolved on April 18, 2001. This case arose out of the death of the plaintiff, a 35-year-old divorced mother of three, on July 14, 1993. The decedent had been involuntarily committed on July 9, 1993, to a detoxification facility, due to abuse of drugs and imminent risk of harm to herself. The patient had a history of approximately eight prior suicide attempts. Two days after her admission, the plaintiff was experiencing hallucinations, experiencing suicidal ideation, and her overall mental status was deteriorating. On Sunday, July 11, the plaintiff's decedent was sent to a facility that had a contractual relationship with the detoxification facility to provide suicide and safety evaluations. The defendant allegedly made a decision not to come in and evaluate the patient. The plaintiff alleged that the physician was negligent in failing to personally evaluate this highly suicidal patient, for relying on inadequately trained clinicians and for entering inappropriate orders allowing her to return to the detoxification facility - where her condition continued to deteriorate and she hung herself three days later. The case proceeded to trial against the defendant psychiatrist and on the seventh day of trial it settled. The decedent's two sons ages 25 and 20 attended the trial each day and used this as an opportunity to process and understand their mothers last days, her love for them and her profound desire to live. Because of her age and the risk of further psychiatric injury the decedent's minor daughter did not take part in the legal proceedings. See 29 M.L.W. 2562, July 16, 2001. See also 28 M.L.W. 1980, May 8, 2000 ("No Immunity for State Physician"). Civil Rights. Arrest Excessive Force. Lenihan v. Carrier, U.S. District Court, No. 94-12308-DPW. Jury trial before the Honorable Douglas P. Woodlock . The plaintiff alleged that the defendant police officer used excessive force while arresting him in Peabody. The defendant and two other police officers testified at trial that they did not use excessive force and did not assault and batter the plaintiff. The plaintiff's witnesses included the plaintiff and a friend who witnessed the incident. The verdict in the plaintiff's favor was as set forth in McCann v. Coughlin, 698 F.2d 112, 128 (1983). The plaintiff had testified at trial that he was not seriously injured. He had described a sprain and some bruising for which he visited the hospital on one occasion. The charge for that hospital visit was $417.50, the amount of the jury's compensatory award. The plaintiff on direct and redirect examination stated under oath that he brought the case on principle and that it was not about money. The plaintiff said he had respected authority his whole life, a belief that had been shaken following the alleged incident. He asked the jury to restore his faith in the legal system through a verdict in his favor. The jury unanimously found in favor of the plaintiff. However, the jury chose not to award punitive damages. The defendant appealed the verdict, but the court dismissed the appeal. The Court awarded costs and attorneys fees to the plaintiff as the prevailing party totaling $14,000.00. See 28 M.L.W. 2903, August 21, 2000. Medical Malpractice/Negligence. Keene v. Brigham and Women's Hospital, Norfolk Superior Court, No. 95-01081. 4.1 Million Dollar award for child who suffered profound brain damage shortly after birth due to untreated infection. Case involves significant legal issues of power of trial judge to enter sanctions pursuant to Rule 37 and issue of first impression on whether loss of enjoyment of life is compensable for individual with profound mental retardation. The case is presently on appeal. See Kathleen Burge, "Malpractice suit sparks quandary," BOSTON GLOBE, September 23, 2001, at B1.; Joseph Ellement "Lost Records Complicate Suit on Behalf of Child," BOSTON GLOBE, October 10, 1997, at A1; Marc Daniel, "Family Awarded $6.5m in Hospital Suit," BOSTON GLOBE, March 30, 2000, at B1, and; "Hospital Sanctioned For 'Missing' Discovery Data: Charitable Immunity Doesn't Preclude Penalty," MASSACHUSETTS LAWYERS WEEKLY, October, 13, 1997, at 26 M.L.W. 307. Goffigan, et al. v. Academy Homes, et al., Suffolk Superior Court, C.A. No. 95-5997B. As reported in The Boston Herald: "Nearly four years after 9-year-old Jermaine Goffigan became the city's youngest murder victim, his family has been handed more than half a million dollars to help heal its wounds. The landlord of the housing project where "Manny" Goffigan was shot to death on Halloween, his birthday, has agreed to pay $550,000 to settle a suit brought by his still-haunted family. 'They (the owners) were in the wrong. But why should someone have to lose their life before they wake up to what they need to do,' said his anguished mother, Deborah Haskins, surrounded by photos of Jermaine and her other kids. 'This isn't going to bring my son back. No type of money could do that. But it can help the rest of my children move on,' she said. The family's civil case was scheduled for trial in Suffolk Superior Court next month, but last week the sides agreed to settle. Haskins has argued the project, Roxbury's Academy Homes I, was unsafe and the owners knew it. The site of several shootings, and the murder of another boy a year before, Academy Homes had no security patrols and its surveillance cameras were unmanned after 5 p.m. The project was so dimly lit, residents referred to it as the 'dark side,' said the suit against Academy Buse, the owners, and Loring Smith, the manager." "The individuals who shot Jermaine were able to walk nonchalantly into the heart of the community, start shooting and then exit the way they entered without any fear of apprehension,' said Chris Milne, one of the family's lawyers. 'Basic security measures would have prevented this,' he said." "The settlement agreement sets up a trust for Jerome, now 16, who was devastated by his kid brother's death." See Andrea Estes, Slain boy's kin to get $550G to settle suit, BOSTON HERALD, OCTOBER 16, 1998, AT 7. Rowell v. Compass, Suffolk Superior Court, C.A. No. SUCV97-03555E. As reported in The Boston Globe: "A Suffolk Superior Court judge approved a $600,000 agreement yesterday that settles a negligent-supervision lawsuit filed by a family whose 9-year-old daughter wandered away from an after-school program and was struck by a car. The settlement, approved by Judge E. Susan Garsh, ends a lawsuit brought by Deborah and Gregory Rowell on behalf of their daughter. 'I'm just thankful to God she got a second chance,' Debra Rowell said. 'I just don't want it to happen to anybody else's child. The money doesn't mean anything to me. She's living and that's all that matters.' The bulk of the settlement will be put in a trust fund to help defray her future educational costs." See John Ellement, Injured girl's family wins $600,000, BOSTON GLOBE, November 4, 1998. Case Name Withheld, but as reported: "Following the Money -- Lawyers for a Girl who Fell From a Public Housing Staircase Use a Unique Argument to Obtain a $2M Settlement", 23 M.L.W. 2095 (June 26, 1995) ($2,000,000.00 recovery for 10-year-old child. Defendant was the owner of 28 Building Projects subsidized by HUD; Settlement is held in trust to provide for private special needs, and educational and lifetime support; Complex medical testimony coordinated with Pediatric Neurologist, Pediatric Neuropsychologist, Vocational Psychologist, Economist, and Doctor of Education; Litigation resulted in project being added to HUD list of troubled developments and the railings in the common hallways being raised in the entire 28-building project. See 24 MASS. LAW. WKLY 126 1, February 26, 1996 (This was the largest reported settlement in 1995 in Massachusetts on behalf of a child). Castro v. Mahoney, et al., Southeast Housing Court, C.A. No. 94CV00147, settled September 1996 ($680,000.00 recovery for 9-year-old child). See David L. Yas, "See David L. Yas, Should Lead Paint Strategy Focus on Rehabilitation?", 25 MASS. LAW.WKLY. 509 (Nov. 12, 1996) (a critical analysis of the approach suggested by plaintiff's counsel as used in the Castro case); see also Trial Report, Castro v. Mahoney, et al., 25 MASS. LAW.WKLY. 542 (Nov.12, 1996). Locke, et al. v. Quincy Housing Authority, Norfolk Superior Court, C.A. No. 94-501, litigation resolved in Norfolk Superior Court; Class action lawsuit certified on behalf of Public housing tenants by the Court; See "News Briefs, Class Action Certified Over Lead Paint," MASS. LAW. WKLY., November 7, 1994 ("the first class action certified against a housing authority for damages arising out of lead paint in Massachusetts"). A preliminary injunction was also obtained for the deleading of the entire project. See also "City Settles Lead Paint Law Suit; Each Tenant will get $1,100 and Entire Housing Project Must be Deleaded" (Patriot Ledger Front Page September 10, 1997) See, "AHA told: Get Lead Out, Couple happy with court's ruling", THE TIMES, Pawtucket, R.I., August 23, 1991 (Obtained emergency court order for deleading of 175 unit Veterans Housing Project in case of Boisse v. Attleboro Housing Authority). This case was handled pro bono. See, "Lead Paint Plaintiffs Find New Remedy," 19 M.L.W. 1289, April 1, 1991 (Report of three cases in different counties where injunctive relief for deleading and pre-payments for alternate housing and food was obtained - setting persuasive authority that was followed throughout the Commonwealth at the trial court level). See also "Lead Paint Ruling Victory for the Poor", Boston Herald Products Liability Cases Attorney Milne has handled a
number of products liability cases involving serious injury to
children and adults. Attorney Milne handled to conclusion the
case of Jokl v. ChildLife, Inc. which involved a product known
as "The Space Trolley." See Kathleen Burge, "Life
Shattered, Paralyzed teenagers family takes ChildLife to court,"
The Boston Globe, December 17, 2001. |