Late Diagnosis of Cancer Results in Death

In 2002 a 76-year-old woman underwent a pelvic exam and her doctor scheduled a CT scan thereafter. The CT scan report came back as “normal”. In February of 2006 she visited her doctor with a report of blood in her urine, and a second CT scan was ordered with comparison made to the 2002 CT scan.

It was noted that the 2006 scan measured endometrial thickness to be 22mm compared to 17mm in 2002. Following this the patient was properly diagnosed and it was determined that she had endometrial cancer. Due to the delayed diagnosis a radical hysterectomy and other related procedures were performed. She was discharged from the hospital on February 27, 2006, and died on July 15, 2006, of complications from the cancer.

The Plaintiff’s expert was prepared to testify that had a proper diagnosis been made in 2002, the appropriate intervention could have been done before the cancer became more advanced and ultimately metastasized. The Plaintiff sued on the theory that the Defendant deprived her of her best chance for survival. The case settled for $600,000.

Arbitration Awards

Arbitration is an option to a civil trial. Civil trials usually take 18 to 30 months to conclude from the time suit is filed, whereas an arbitration can be scheduled within 6 to 12 months.

Arbitration is an informal hearing before an arbitrator (usually a retired judge or a lawyer) who will hear the case and make a finding on fault and damages. The arbitrator’s award is binding upon the parties. We find arbitrations to be more consistent than jury trials. Juries over the years seem to be very critical from years of insurance company propaganda.

A client of ours was riding his motorcycle and was injured when the defendant negligently and carelessly made a left turn in front of him. He sustained a back injury which resulted in a 7% impairment. We were able to show the cost of future medical expenses if further treatment became necessary. A retired judge was appointed arbitrator, and he issued an award of $135,000 to our client.

What is a Limo or Taxi Cab Company’s Responsibility?

A limo or taxi cab company, not a common carrier, may now be held accountable to an injured third party for negligence if the driver knew or should have known that a passenger was intoxicated and would likely drive an automobile which would cause injury to an innocent third party motorist.

In other words, if a taxi or limo driver knows or should have known that their patron is intoxicated and delivers that patron to a location where it is obvious or foreseeable that the patron will be operating a motor vehicle, the driver and his/her company will be liable for the harm caused to an innocent motorist.

Absent from the case is what the driver of the limo or taxi cab should do if one of their passengers is drunk. Should the driver call the police? Should the driver take the person home against his will? Should the driver take the person’s keys away? It is likely that this type of case will be a problem for both plaintiffs and defendants.

Commerce Insurance Company v. Ultimate Livery Services, 452 M. 639 (2008)

Disability Retirement

The Supreme Judicial Court of Massachusetts has recently allowed an employee of the City of Salem to recover accidental disability retirement benefits when, as a result of being told that her employment would be eliminated in the upcoming budget, she suffered a heart attack which ultimately led to her death.

The Contributory Retirement Appeal Board (CRAB) determined that the employee was entitled to accidental disability retirement benefits. The Supreme Judicial Court affirmed (or agreed with) that ruling.

This is the first case in Massachusetts that dealt with the issue of an accident caused by news of a termination. It would seem even a layoff would apply. This case, though, only applies to city or state employees.

Junior Operators

The Junior Operator’s Bill was signed into law on January 3, 2007. This new law placed significant restrictions on junior operators within the Commonwealth. An individual is deemed to be junior operator if they are under eighteen years of age and are within the first six months of receiving their license.

Some of the new restrictions include a junior operator may not operate a motor vehicle with a passenger under the age of 18 unless accompanied by a person who is at least 21 and a junior operator may not operate a motor vehicle between the hours of midnight and 5:00 a.m. unless accompanied by a parent. Penalties for violating these provisions include a 60-day suspension of their license and a $100 reinstatement fee.

The penalties a junior operator faces for moving traffic violations are severe. A speeding ticket will result in a 90-day suspension of their license, completion of the Driver Attitudinal Retraining course and State Courts Against Road Rage (“SCARR”) course, payment of a $500 reinstatement fee, and retake and pay for the permit test and road test. The penalties are even more severe for other serious motor vehicle infractions.

If your child is a junior operator and receives a citation from a police department, contact us immediately to learn about your child’s rights to a hearing and the opportunity to save their license.

Child Endangerment While Operating a Motor Vehicle Under the Influence of Intoxicating Liquor

A law that has been on the books since 2005 which revamped many of the laws relating to operating under the influence all the way to manslaughter convictions is now being used very aggressively by police departments.

That law passed in 2005 provides enhanced penalties for any person who operates a motor vehicle under the influence of intoxicating liquor while having a child as a passenger in the vehicle who is 14 years of age or younger.  In addition to all other penalties for the OUI conviction, there is an additional penalty of $1,000 to $5,000 and imprisonment in the House of Corrections for 90 days to 21/2 years.

For a second offense or violation under this section, the Defendant will be punished by a fine between $5,000 and $10,000 and by imprisonment in the House of Corrections for six months to 21/2 years or state prison for three to five years.  Imprisonment imposed upon such person shall not be reduced to less than six months (mandatory) nor suspended nor shall any such person be eligible for probation, parole, or furlough until six months has transpired.

In addition to the sentence above, the registrar shall suspend the license or right to operate of a person who violates this section for a first offense of one year and a penalty of a three-year loss of license or suspension for three years for a second or subsequent violation.

Needless to say, this is a tough law with tough penalties which is now being enforced on a regular basis, and caution must be used when transporting children.