Recent Wins for Clients

Following a two-week trial in Suffolk County Superior Court in Boston, SUGARMAN Principals Benjamin Zimmermann and David McCormack obtained a $30.55 million jury verdict on behalf of a child who suffered permanent and catastrophic brain injuries during his mother’s labor and delivery at a Boston hospital. The jury agreed that the nurse responsible for monitoring the baby’s heart rate and well-being during labor had failed to ensure that the baby was responding appropriately and that the nurse’s failure to comply with the standard of care resulted in the baby’s severe oxygen deprivation going undetected. The jury awarded damages for both the young boy and his parents.

Settlement against physicians who failed to follow up on x-ray report of mass in lung in 76-year-old patient who subsequently died from lung cancer.

An Essex County jury sitting in Newburyport rendered a verdict in favor of a 42-year-old woman who suffered significant neck injuries at a hospital in Lynn, MA, after being positioned on an operating room table for routine surgery. After she was anesthetized and medically paralyzed, her unsecured head fell off the table resulting in permanent nerve damage to her neck.

Settlement of medical malpractice lawsuit for widow and family of middle-aged man who became brain damaged and ultimately died as a result of a ruptured spleen suffered during a colonoscopy. While the complication is rare, it is known to occur. The medical negligence case/wrongful death case was brought for failure to recognize signs of splenic rupture and bleeding in the hours following the procedure.

Settlement against doctors who failed to perform a C-section in time, leading to oxygen deprivation and Cerebral Palsy in infant.

A Middlesex County jury returned a 7-figure verdict on behalf of worker injured after falling more than 20 feet through an unguarded opening on a construction project at the Natick Mall. The defendant general contractor had claimed that the opening had been guarded and that the plaintiff had somehow gained access through it without the general contractor’s knowledge. Through painstaking investigation and work immediately following the accident, Sugarman’s attorneys were able to prove to the jury at trial that the general contractor had made up the story and had added guarding after the accident. The case was one of 10 largest jury verdicts reported in Massachusetts in 2011.

Product liability claim was brought against the manufacturer and distributor of the truck for failing to design the truck with a safety mechanism to prevent uncontrolled movement in the event of a shift into gear while pumping.

A Plymouth County jury sitting in New Bedford rendered a substantial verdict in favor of the estate of a pedestrian who was killed by a car that went off the road and struck him while walking his dog in Easton, MA. The plaintiff, his widow, alleged that the teenage driver that struck him lost control because he was engaged in a race or horseplay with another teenage driver. The jury found both drivers responsible for the incident in issuing their award.

Settlement for family of pedestrian who was killed after being hit by a car. The defendant property owner failed to install barriers or guardrails in a shopping center access road, both of which would have prevented the accident and the pedestrian’s death.

Settlement for a middle-aged woman who slipped and fell on an ice patch at the entrance to the defendant’s nursing home resulting in a rotator cuff tear requiring surgical repair, and back injuries. The client had been visiting her elderly father at the nursing home.

Pre-trial settlement on behalf of children of a middle-aged temporary worker who was crushed to death between the forklift he was operating and a metal shelving unit in a South Shore warehouse where he had been assigned to work by his staffing agency.

Pre-suit settlement of medical malpractice case for 61-year-old man who suffered major stroke after his doctors and nurses failed to administer a critical medication for two days while the man was a hospital inpatient following cardiac surgery.

Settlement for widow and adult children of a 71 year-old veteran following improper placement of a feeding tube during esophagus surgery. During two separate surgeries, the defendant surgeon failed to secure the feeding tube into the small bowel and instead pierced the bowel, causing bile leakage, infection and the patient’s death. The case resolved following extensive discovery and prior to trial in the Federal Court for the District of Massachusetts.

Recovery for 31 year-old man following the negligent maintenance and removal of an Intra-Aortic Balloon Pump (IABP) at a Boston-area hospital, resulting in clotting, arterial tearing and eventual below-the-knee amputation. The plaintiff brought suit against multiple defendants presumed to be responsible for pressure applied to the IABP during the hematoma control and for the attempted balloon removal. The case settled following over a dozen depositions conducted by Sugarman attorneys, who were able to uncover the responsible medical providers, some of whom had not been identified in the medical records.

Pre-trial settlement for electrician who slipped on a large patch of ice in the parking lot of his work and suffered a severe ankle fracture which prevented him from returning to work. The owner of the property knew for many years that water would leak out of a pipe on the side of the commercial building and then freeze in the parking lot, but took no steps to remedy it.

Settlement for 4 workers who were lifting a second floor gable wall into place by hand on a construction site in Wakefield, MA when the wall became too heavy and collapsed on them. The workers suffered severe orthopedic and back injuries. SUGARMAN’s personal injury attorneys resolved the case just before trial against the general contractor who negligently hired subcontractors and failed to provide proper safety oversight on the job.

Settlement for married 50 year-old father of three who suffered a life-altering brain injury when his car was rear-ended and run over by a commercial truck.

Settlement on behalf of client injured when he was struck by a car while in the crosswalk on the way to the Braintree MBTA Station. The client suffered a traumatic brain injury and, together with the spouse, brought a claim against the driver for his negligence in causing the accident.

Settlement in personal injury lawsuit for plaintiff who sustained permanent knee injuries after being struck by a driver who fell asleep at the wheel.

Settlement in medical malpractice cases for two separate patients of the same doctor who negligently performed elective breast procedures resulting in permanent disfigurement to both women.

Settlement in personal injury case for a 69-year-old driver who suffered spinal fractures in a motor vehicle and truck collision in Lunenburg, resulting in a complex surgery with hardware implantation.

Recovery in personal injury lawsuit against a night club for motorcyclist who suffered a below-the-knee amputation when he was struck just outside of Boston by wrong-way driver who had become intoxicated at a Quincy, Massachusetts night club.

Arbitration award for the family of a 68-year-old man who passed away just 12 hours following a routine hip replacement surgery. The patient died from complications of respiratory depression caused by the standard post-operative administration of narcotic pain medications.

Significant recovery in personal injury claim for union carpenter struck on the head by discarded debris at a hospital construction site. Worker suffered a neck fracture requiring surgical fusion and a significant closed head injury.

Personal injury settlement against automotive fabric company for a worker who suffered fractures to his arm when caught in an industrial winding machine due to improper training, staffing and supervision, and improper warnings on the machine.