DePuy Artificial Hip Recall and Massachusetts Product Liability Law
On August 24, 2010, DePuy Orthopaedics issued a voluntary recall of its ASR XL Acetabular Hip System and its ASR Hip Resurfacing System. In its recall notice, DePuy referenced data suggesting a higher than average revision rate (a revision is when a second surgical procedure is required to modify or replace…
Personal injuries to Police Officers
Police officers are exposed to dangers on the job every day that subject them to personal injury or death. Almost every aspect of the job—whether confronting criminals, responding to fires or other calls and emergencies, driving a vehicle, or directing traffic--involves serious risk of injury. (more...)
Sugarman on Super Lawyers Attorney Inclusion and other Advertising
When a reader picks up last month’s issue of Boston Magazine at home or in a doctor’s office, they will find a list of “Super Lawyers” in Massachusetts or New England in various areas of law, including in the field of personal injury. The list of “Super Lawyers” is compiled…
What’s the owner liability law in Massachusetts for dog bite personal injuries?
The traditional common law approach to dog owner liability for bites causing personal injuries was that the owner had to have reason to know of the dog’s propensity to bite. As a practical matter, this rule meant that every dog got one free bite. With the next bite and subsequent…
Massachusetts Construction Accident Liability Law Deconstructed
A construction jobsite injury can be devastating, both physically and financially, to a carpenter, plumber, electrician, laborer, ironworker, mason, or other tradesperson. Workers' compensation benefits do not make up for the loss of income from time out of work and the strain put on the worker's family. (more...)
Straight Talk on Medical Malpractice Law in Massachusetts
It goes without saying that improper medical care can and does result in grave injuries and fatalities. Long-established research has demonstrated that medical errors happen with surprising frequency, even at “elite” medical institutions, and that many if not most instances of medical errors are not reported and/or not acted upon…
Sexual Assault and Abuse Emotional Injuries – How does the victim prove her/his injury where the harm suffered is most frequently emotional trauma?
Personal injury cases most frequently involve physical injuries – bone fractures, burns, lacerations, for example. The emotional injuries caused by a sexual assault are less visible but no less real or harmful. These emotional injuries are often present more difficulty in recovery and are resistant to treatment efforts. Proof in…
Gas Explosion Destroys Home – What’s Fair Property Damage Compensation?
It happens too frequently in the Boston area: the gas company or a contractor carelessly causes a gas leak with the resulting destruction of a home or business. If luck prevails, no one is killed or injured. The gas explosion in Readville of November 3, 2010 is just such an…
Does Liability Insurance Cover Sexual Assault and Abuse Settlements?
Most insurance policies do not provide insurance against the intentional, wrongful acts of the insured. Thus, in a claim against the perpetrator of a sexual assault or abuse, his homeowner’s, automobile or business insurance policy will not cover the claim. This means that a court judgment against the sexual assault…
When Medical Malpractice Occurs, Sorry Seems to be the Hardest Word
It has been suggested by some medical groups, including the Massachusetts Medical Society, that doctors and hospitals would be more likely to offer apologies to their patients for medical errors if they knew their statements could not be used in a medical malpractice claim. (more...)
