Attorney Kenneth N Margolin's Legal Cases

Medical malpractice

F.I. v. A.S., MD and D.P., MD

May 27, 2008

OUTCOME: $1.75 Million Settlement

My client was a 52 year old man who suffered a serious stroke. The stroke could have been provided if his internist and neurologist had communicated with each other, in which case the neurologist would ... have learned of worsening neurological symptoms in time to order an endarterectomy, which would likely have prevented the stroke. The stroke left my client confined to a wheelchair with partial paralysis of his lower extremities. The case settled two weeks before trial was scheduled to begin.

Land use and zoning

Wayside Youth & Family Support Network, Inc. v. Town of Framingham

May 30, 2007

OUTCOME: Successful Summary Judgment & Mediated Settlement

Wayside, a non-profit corporation serving adolescents with serious learning and emotional difficulties, and their families, sought to open a 14 acre campus program in the town of Framingham. The projec ... t was vigorously opposed by a group of neighbors. After Wayside won a Land Court case brought by the neighbors, the Town Board of Selectmen denied Wayside a Public Way Access Permit that it would need in order to access its property. Wayside filed suit in Federal Court. After awarding Wayside partial summary judgment and ordering that the permit be granted, Judge Sorokin gave the parties 60 days to attempt a comprehensive settlement. At a mediation presided over by retired Appeals Court Judge Rudolph Cass, the parites resolved their remaining differences. An open house for the new campus was held on April 25, 2009.

Land use and zoning

In re Bennington School, Inc.

Jan 15, 2004

OUTCOME: Favorable Vermont Supreme Court Decision

Bennington School, Inc., ("BSI") is a for-profit educational corporation that operates residential programs, including a campus and group homes for adolescents with a variety of emotional and learning ... disabilities. This case was an appeal from a lower court decision holding that because BSI was primarily a school, its group homes should be treated as part of the school and not as single family residences, thus requiring conditional use permits from each city or town where BSI sought to place them. The Vermont Supreme Court reversed, holding that because BSI's group homes fit the definition of the statute defining such homes as single-family homes (and thus existing as a matter of right in all zoning districts), municipalities could not require conditional use permits. The group homes for the adolescents with disabilities, held the court, had to be treated the same for zoning purposes, as traditional single-family dwellings.

Medical malpractice

D.M, Admr. Estate of J.M.

May 23, 2002

OUTCOME: $2.865 Million Settlement

My client was the husband of D.M., a loving wife and mother of five children, who died as a result of a surgical and anesthesiology disaster during routine surgery. Defendants included the surgeon, ane ... sthesiologist, Acting Chair of the Department of Anesthesiology and the President/CEO of the hospital.

Medical malpractice

Joseph R., et al. v. M.P., et al.

Mar 28, 2002

OUTCOME: 7.165 million jury verdict

My client, a premature infant suffering from serious lung and other difficulties, was given a 125-fold overdose of a blood pressure lowering drug just as he was beginning to gain strength. The overdose ... radically lowered his blood pressure depriving his brain of oxygen and causing permanent brain damage. The defense admitted to the overdose (the drug came only in an adult dosage; the hospital pharmacy recorded that it had been diluted, but it had not), but claimed that all the infant's brain damage was due to his prematurity and other illnesses. No pre-trial offer of settlement was made. After a 2 1/2 week trial, the jury found against all three defendants (pharmacy technician, pharmacist, and pharmacy director) and awarded 7.165 million dollars.

Personal injury

H.N., et al. v. John and Jane Doe

Jan 09, 2001

OUTCOME: $1.03 Million Settlement

My client was a very large woman who had a medical emergency and who was dropped from a stretcher by EMTs during transfer from an ambulance at the hospital door. She suffered nerve damage and partial p ... aralysis as a result of the drop, which was caused by improper transfer procedure. A settlement video using "Rescue Randy" (a mannequin used by fire departments for training purposes) and the same model ambulance H.N. was in, was made recreating the only way the error could have occurred. The video was shown at the mediation which resulted in the settlement.

Medical malpractice

Y.HB., M.D., Admr. v. GB, M.D.

N/A

OUTCOME: $1.1 Million Arbitration Award

Our client was the widow of a 62 year old man who died as a result of metastatic colon cancer. The cancer should have been detected at an early stage when it would have been highly curable. The deceden ... t was an accomplished professor, a civil rights leader and a loving husband and father. The defendant, an internist working for a managed care health insurer, ignored warning flags of colon cancer - in this case, a precipitous hematocrit drop and reports of hematochezia (red blood in the stool). Upon learning of the warning signs, the internist should have offered a colonoscopy, that would have diagnosed the cancer at an early stage. By the time it was diagnosed, the cancer had metastasized to our client's husband's liver, and was incurable. The arbitrator, retired Superior Court Judge John A. Tierney, issued the award after a four day trial.

Kenneth N Margolin's Legal Cases (7)

F.I. v. A.S., MD and D.P., MD

Wayside Youth & Family Support Network, Inc. v. Town of Framingham

In re Bennington School, Inc.

D.M, Admr. Estate of J.M.

Joseph R., et al. v. M.P., et al.

H.N., et al. v. John and Jane Doe

Y.HB., M.D., Admr. v. GB, M.D.