Welcome to the Sugarman blog. We’ll be sharing our perspectives on the state of the law and current legal issues in Massachusetts personal injury law. Issues relating to medical malpractice, construction site injuries, premises liability, product liability, motor vehicle accidents, insurance, and more will all be reviewed here by our team of lawyers who have prosecuted some of the most complex cases in Massachusetts personal injury law.
Massachusetts and Federal Whistleblower Act Overview
In a series of blogs, Sugarman Partners Benjamin Zimmermann and David McCormack will explore Whistleblower Claims under both federal (FCA) and Massachusetts False Claims Act (MFCA) law.
A hospital or physician routinely performs procedures that are not medically indicated or necessary and then bills Medicare or MassHealth. A government contractor charges for…
DePuy and Broadspire’s Handling of ASR Artificial Hip Recall Claims Raising Concerns
When DePuy issued the United States recall of the ASR artificial hip systems, it announced that it would pay for the necessary, medical replacement treatment for patients suffering complications as a result of the ASR hip. But the manner in which DePuy is handling patient reimbursement is gaining criticism on…
Legal Claims Arising from Transvaginal Mesh
Surgical mesh is a medical device which has been used for more than three decades for hernia repair. It is made from porous absorbable or non-absorbable synthetic material or absorbable biologic material. In 1996, the FDA cleared the first mesh product for use transvaginally to treat stress urinary continence, and…
Workers’ Compensation Law and Third Party Liability
It is fairly common knowledge that if you get hurt on the job your employer has to provide Workers’ Compensation benefits while you recover from your injuries. Those benefits include a percentage of your average weekly wages and medical treatment for any work related injuries. Irrespective of who was at…
Monitor Alarm Fatigue In Hospitals
When sick or injured people receive inpatient treatment at a hospital, both they and their families expect attentive care from the medical staff and careful monitoring of their condition and health. Although hospitals would ideally be able to provide close personal supervision and monitoring to all patients, the realities of…
Spousal Wrongful Death Claims & Damages in Massachusetts
I was recently asked to give a lecture at a national conference for trial lawyers regarding damages for surviving spouses in wrongful death cases. Many states limit recovery in such cases to economic damages only (i.e. medical expenses, lost wages, etc.). Fortunately, Massachusetts is a state with a statute of…
How Compensatory and Punitive Damages Are Calculated in Massachusetts
Many times a client will ask for a lawyer’s opinion regarding what a personal injury claim is worth. Answering this seemingly simple question can be a complex legal analysis of available parties, potential injury claims, legal liability and the unique way in which each plaintiff suffers harm. At its essence,…
Consumer Protection Laws: When Insurance Companies Act in Bad Faith
During the initial stages of bringing a personal injury claim, there can be extensive communications between a law firm representing the plaintiff (injured party) and the insurance company providing coverage to the potential defendant (liable party). On many occasions, the plaintiff’s attorney may send the insurance company relevant medical records…
What To Do If You Are In An Accident With An Underinsured Driver
Motor vehicle accidents are a daily occurrence. Sometimes accidents are minor, resulting in property damage and temporary bruising. But sometimes an accident is much more serious. The National Highway Traffic Safety Administration reported 334 fatal car crashes in Massachusetts in 2009 (the estimate for 2010 is similar). When someone is…
DePuy Update: ASR Hip System Under Fire By FDA
On August 22, 2011 the NY times published the results of its own study of Adverse Event Reports to the Food and Drug Administration (FDA) by patients with metal on metal artificial hip systems. The results confirm widespread failures with the DePuy ASR hip system.
Read the full NY Times Hip…
