Kathleen M O'Donnell

Many of you probably remember the old commercial for a hair replacement company where the owner says “I’m not only the President of Hairclub for Men but I’m also a client.” I not only represent injured people but I am a member of the group of people hurt because someone didn’t do what she was supposed to do.

 In 1979 a car rear ended my Volkswagen Beetle as I was going north on Route 93 in Stoneham. The driver’s seat broke from the impact and I was thrown around in my car. When I woke up at the scene, a Doctor asked me if I could move my toes. I couldn’t. I told him my back hurt, my right arm hurt, and inside felt all jumbled up. An ambulance initially took me to a local hospital but I was soon transferred to Massachusetts General Hospital. X-rays showed: a shattered right humerus, multiple broken ribs, and two exploded lumbar vertebrae. A CT scan showed pieces of the vertebrae were touching the spinal cord. It was unclear what damage had been done to the spinal cord.

 I received in-patient care for over three months. The physical pain was muted by medication but the loss of independence and privacy was devastating. After my discharge, I had physical and occupational therapy for months. I resumed my normal activities after another six months. I still have back pain every day.

 This experience of being injured because someone wasn’t paying attention while he was driving has been invaluable to me in my thirty years of practicing law and in my daily life. I do not talk on the phone while I am driving because I understand that even one second of inattentiveness can alter someone else’s life. I understand what my clients go through when they are injured in any way. Even a back or neck strain can affect a person’s ability to enjoy life fully. I understand the indignity of not being self-sufficient and independent. I understand the frustration in not being able to work and to support yourself.

 It is important to hold people accountable for their mistakes. No one intends to rear end someone. It happens all the time because people aren’t paying attention or they are distracted while driving. Doctor’s don’t intend to hurt their patients. Sometimes they do injure them because what they are doing has become too routine or because they were thinking about something else at the time they were treating that patient. Contractors don’t intend for their employees at work to get hurt on the job. Sometimes workers get hurt because the general contractor wanted to rush a certain part of the job and safety rules weren’t followed. No one intends for these injuries to happen but someone is hurt and her life is disrupted. The wrongdoer or negligent person must be held accountable for two reasons. First, the injured person must be compensated. Second, the wrongdoer and those around her must learn from the mistake so it won’t happen again.

 Throughout my career I’ve represented injured people. I’ve also worked with legislatures throughout the country to make sure the right of an injured person to recover is not taken away. My experience as an injured person helped me to understand what my clients are going through. That experience also convinced me it’s important to hold negligent people responsible for their actions.