A Massachusetts Superior Court allowed a claim involving negligent hospice care to proceed after SUGARMAN Principals Benjamin Zimmermann and David McCormack successfully argued that their client's claims were not barred under the federal Medicare statute. In addition, the Superior Court judge agreed with SUGARMAN that the client's claims under the Massachusetts Consumer Protection Statute (Massachusetts General Laws ch. 93A) were legally and factually supported. SUGARMAN's client was an at-home hospice patient of the defendants for over 5 years and had been prescribed excessive and increasing amounts of narcotic pain medications until her family brought her to a local hospital, where medical providers immediately began weaning her off all the medications. After defeating the defendants' attempt to have the claims dismissed, SUGARMAN attorneys were able to resolve the case a week before a jury trial was to begin.
The notable decision garnered considerable coverage in the legal media with Legal Reader, The Insurance Journal, and Massachusetts Lawyers Weekly among the outlets covering it. This victory is one of many important and noteworthy results that SUGARMAN is proud to achieve for its clients, year in and year out.