Peabody, MA
Family Lawyer at Peabody, MA
Practice Areas: Family
OUTCOME: Settlement
Client was not properly screened by the surgeon prior to performing LASIK. Based upon tests prior to the surgery, client had a condition known as keratoconus, which presented serious risk of permanent ... injury if LASIK is performed. As a result of the LASIK surgery, client will likely require corneal transplants in both eyes.
OUTCOME: Dismissal/Continuance Without a Finding
Client was observed by staff at a public facility with difficulty walking, and smelling of alcohol, as she picked up her daughter. The staff called 911, and an alert was issued to local police. An of ... ficer spotted the described vehicle and immediately initiated a stop. No driving problems were noted. The officer learned while interviewing the client that she had an injury to her left foot, for which she had crutches. No field sobriety tests were administered because of the injury. Client admitted to taking Vicodin 5 hours earlier, and more recently 2 glasses of wine. Charged with child endangerment while under the influence, with enhanced penalties of 90 days minimum incarceration. On the day of trial we negotiated a dismissal of the child endangerment charge and a continuance without a finding of the DUI/OUI charge.
OUTCOME: Settlement
Patient presented with symptoms consistent with a vestibular schwannoma, commonly known as an acoustic neuroma, which is a benign brain tumor that commonly appears in the frontal lobe, presenting a ris ... k to the cranial nerves that affect hearing and sight. Personal care physician dismissed symptoms as postpartum anxiety, and did not order any neuroimaging studies for almost a year. By then the tumor had begun bleeding, which accelerates growth. When it was surgically removed, damage to the neighboring cranial nerves was unavoidable due to the size of the tumor, which left the patient without hearing in her right ear, and the left side of her face paralyzed. A permanent shunt was also surgically inserted to drain excess cerebral spinal fluid into her stomach. The defense claimed that an earlier diagnosis would not have made a difference in these injuries. Worked as co-counsel to obtain a large settlement for the patient.
OUTCOME: Judgment against Commonwealth
Client was terminated after disclosing to a public entity that practices or procedures of his employer presented a risk to the public's health and safety. The termination was retaliatory, and thus vio ... lated Massachusetts law. The defendant claimed that the termination was justified because of misconduct on the part of the client. Jury of 12 found in favor of the client, who was awarded the remainder of his employment contract.
OUTCOME: Six-figure settlement
Elderly client was at the ticketing counter at an airport, and tripped over a mat that was designed with the airline's logo. Expert determined that the mat was being used as designed; it was placed ov ... er existing carpeting, when it was designed to be placed on hard, smooth surfaces such as tile. This resulted in the buckling and warping of the mat as customers rolled their baggage over it. Client suffered injuries to his arm and both knees, requiring arthroscopic surgery to both knees, possible knee replacement in the future. Defense contended that accident was the result of the client's poor vision, and because he was in a hurry to catch his flight.
OUTCOME: Pending
Client had a preexisting condition called keratoconus, which is a deterioration of the structure of the cornea with gradual bulging from the normal round shape to a cone shape. Research indicates that ... patients presenting with such a condition are at a high risk for keratoectasia following a LASIK procedure, which is the progressive thinning and herniation of the cornea, which means it may not be diagnosed sometimes years after the surgery. The damage sustained by the cornea may require a corneal transplant if vision deteriorates notwithstanding conservative treatment, such as eye drops and contact lenses. Here, the patient's topography chart indicated the keratoconus condition, yet the LASIK center-defendant failed to identify the condition and proceeded with the surgery. The standard of care would have required that the defendants recognize the keratoconus, and then advise the patient of the increased risk of keratoectasia.
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