Recent Wins for Clients

Settlement against crane maintenance and repair companies just days before trial in Middlesex Superior Court for worker who fractured most of the left side of his body after receiving a shock from an overhead crane and falling approximately 25 feet to the ground below. The worker was in the process of repairing a railing when he engaged the remote control for an overhead crane he was using to hold the railing in place. He immediately felt a strong electric shock, lost his balance and struck the mid-section of the railing, which broke. He then fell approximately 25 feet to the ground and was emergently taken to a Boston hospital. Through discovery and depositions, SUGARMAN’s attorneys were able to learn that several of the plaintiff’s co-workers had previously received smaller electrical shocks and, in the weeks before the plaintiff’s fall, had reported them to one of the defendants who supposedly investigated, found nothing, and told the co-employees that it was safe to continue using the crane. After a failed mediation and vigorous pre-trial motion practice, the plaintiff settled against one of the defendants. The case then was fully settled several days before trial after the video trial deposition of the plaintiff’s medical expert.

Obtained recovery on behalf of an eighty-nine-year-old woman who was admitted to a southern Massachusetts hospital for cardiac evaluation. She was evaluated to be a significant fall risk, but when she was taken to radiology for an x-ray to confirm pacemaker lead placement, the radiology technician had her stand unassisted and she promptly fell. She suffered a facial laceration and an elbow fracture, which required surgery and physical therapy.

Settlement on behalf of family of a 19-year-old man who passed away by suicide after being wrongfully discharged from a mental health facility with a tentative diagnosis of schizophreniform disorder. Before discharge, the patient was sad, flat, and anxious about discharge and had been for days and his new antipsychotic medication was in flux and its effectiveness was in question. He was discharged for outpatient care and took his own life the following night. The family brought a claim for wrongful death against the facility and providers responsible for his untimely discharge.

Pre-trial settlement for a fifty-year-old woman who slipped on a patch of black ice in the parking lot outside the condominium where she lived in Plymouth County, fracturing her wrist and requiring two surgeries. Claims were made against the property management company and the snow and ice contractor who had been hired to perform work during the winter. The defendants initially denied responsibility claiming that the plaintiff fell between vehicles and that the area was not their responsibility, but ultimately resolved the matter prior to litigation.

Settlement at mediation for long-time construction worker who fell at jobsite suffering multiple fractures of his spine and shoulder. The plaintiff was employed by a subcontractor and the supervising contractor failed to provide him with a lift to perform work, instead giving him a ladder to work on an uneven surface. The worker lost his balance and fell 15-20 feet. He struck his head and sustained a traumatic brain injury resulting in well-documented mood changes and disfunction.

Settlement after discovery for woman who suffered a displaced ankle fracture requiring multiple surgeries while walking on a worn path at an office building in Cambridge. During the case, the defendant property owner and property management company claimed to have no knowledge of the existence of the defective and dangerous path on the property. SUGARMAN’s attorneys, however, were able to demonstrate that the path had long been on the property such that the defendants should have known about it and that the defendants failed to take any steps to remedy or improve the path until after the incident.

Settlement on behalf of family of 66-year-old professional who suffered fatal injuries when she was struck by a commercial motor vehicle while retrieving empty trash bins at the end of her driveway. SUGARMAN attorneys were able to quickly investigate the cause of the accident, obtaining a statement from a neighbor and information from the police, and were able to resolve the case on behalf of the decedent’s widow without filing a lawsuit.

Settlement against 3 defendants after the first day of a medical malpractice trial for family of woman who died following a lengthy delay in the diagnosis of her bile duct cancer. The patient underwent an ultrasound that revealed an area within the liver highly suspicious for cancer. The radiologist described the area in his report and noted the need for additional imaging to evaluate the area. Three of the patient’s doctors reviewed the report, but none of the doctors ordered the additional imaging and none informed the patient that the area could be a cancerous mass. Over 31 months later, the patient sought a second opinion and her cancer was diagnosed within weeks but it was terminal and inoperable by that time. Following jury selection, opening statements and the testimony of one plaintiff’s expert, the malpractice insurer for the defendants increased its pre-trial offer and resolved the case against its insureds.

Settlement on behalf of massage therapy client who developed thoracic outlet surgery requiring surgery after undergoing a massage therapy treatment. In violation of Massachusetts law limiting the types of manipulations that massage therapists can perform, the massage therapist performed an abrupt cracking of the client’s neck at the end of the massage. Later that day, the client developed radiating pain through her arms, ultimately was diagnosed with thoracic outlet syndrome, and underwent a complex surgery to improve her symptoms. The case settled after two failed mediations and just before the case was set to be tried in Middlesex Superior Court.

Settlement for parents of 11-year-old girl after her tragic and preventable death at a Boston hospital. Following laser surgery to remove a benign brain tumor, the child began vomiting and complaining of nausea that was not helped with medication. She later became extremely sleepy, and the nurse had to shake the patient in order to wake her up. The ICU team decided the patient’s symptoms were a reaction to the anesthesia and medication, and negligently failed to order any testing or imaging to rule out brain swelling or fluid buildup. Hours later the child became unresponsive. It was discovered she had hydrocephalus, a buildup of cerebrospinal fluid in the brain, and she developed severe complications as a result. The girl lapsed into a coma and passed away days later.

Arbitration award in excess of the defendant driver’s insurance limits obtained for 44-year-old delivery driver. The plaintiff was rear-ended when he stopped to make a left turn across oncoming traffic on the Mid-Cape Highway in Eastham. Following the collision, the plaintiff slowly developed progressively worsening back pain, treated with conservative measures, including physical and occupational therapy. The defendant made a low offer, disputing the causation and severity of the plaintiff’s injuries before the case was arbitrated and SUGARMAN’s lawyers prevailed.

Settlement on behalf of young husband and father who was struck from behind by a fuel truck during the morning commute towards Boston. The impact of the accident was severe and the plaintiff was diagnosed with a subarachnoid hemorrhage and two compression fractures in his lumbar spine. Although he did not undergo surgery, the plaintiff was rendered totally disabled from his physical job and still suffers from his injuries. After pre-trial motions were decided, SUGARMAN attorneys were able to resolve the case just days before trial.

Pre-suit wrongful death recovery for wife of patient who died of an aortic rupture. The patient presented to a hospital north of Boston after experiencing severe chest pain and nausea. As part of his work-up, the patient underwent a chest CT scan. Although the radiologist interpreted the study as normal, the scan actually revealed a large hematoma surrounding the aorta which should have been highly suspicious for an aortic leak or tear. The patient was discharged to his home after a 3-day hospital admission. A week later, the patient died suddenly after collapsing. An autopsy revealed that the tear or leak had ruptured, resulting in the patient’s death.

In an arbitration of a car accident claim, SUGARMAN’s attorneys obtained a substantial award on behalf of a client who suffered facial scarring after he was hit from behind while stopped in his car at a red light in Brockton, MA.  SUGARMAN initially recovered the full amount of the insurance policy from the driver that struck the client before making a claim against the client’s own motor vehicle insurer through the policy’s underinsured motorist coverage. After rejecting the insurer’s settlement proposal, SUGARMAN’s lawyers obtained an arbitration award over 12 times more than the insurer’s offer.

Settlement for 65-year-old nurse who was struck from behind in her car when a motorist lost control of her car on a public way in Peabody, MA. The nurse suffered from intractable headaches due to post-concussion syndrome and was unable to work for a period of over one year.

Pre-suit resolution of claim of 50 year-old woman against a national transport company and its insurer. The woman sustained permanent injuries when a shipping container fell off a tractor trailer and into her lane of travel on a road in Littleton, MA. She was unable to avoid the accident and her car collided with the container.

Settlement for 50-year-old man who brought personal injury malpractice claims after his dentist caused a 3 cm dental file to drop into his throat during a routine dental procedure, resulting in surgery to extract the file, and lengthy hospitalization and permanent scarring.

Settlement for family of 55-year-old woman who was tragically killed in a motor vehicle accident on I-95 in Essex County. The defendant driver lost control of his car, crossed over a median strip and struck the woman head-on.

Settlement for a forty-six-year-old man following orthopedic surgeon’s failure to use proper technique during shoulder surgery at a Greater Boston hospital, resulting in the bending of implanted hardware. The hardware issue could have been quickly corrected without damage to the patient’s shoulder joint, but was instead ignored by the surgeon leading to breakage and the need for a significant grafting and repair surgery. The case settled during the initial stages of discovery, which is rare for a medical malpractice case.

Pre-trial personal injury settlement for young father who suffered permanent back injuries after a driver crossed a double yellow line into oncoming traffic near the Salem-Marblehead border. At the scene, the defendant driver admitted to the police that she became distracted while reaching for her phone, but claimed at her deposition that she never made that admission and that the plaintiff had actually crossed the double yellow line into her lane of travel. SUGARMAN’s lawyers were able to disprove these claims, in part through photographs taken at the scene, and the case resolved just before trial against the driver and her insurance company.

Recovery in a medical malpractice claim for emotional distress by parents of a baby born with a genetic blood disorder. The defendant doctor, a labor and delivery physician in the Boston-area, failed to review and inform the parents of the results of a routine blood test until shortly before the baby’s birth. SUGARMAN attorneys were able to settle the case for its clients before a lawsuit was filed.

Settlement for 35-year-old man and his child following surgeon’s failure to use proper technique during thoracic spine surgery, resulting in the patient’s being paralyzed from the waist down. The surgery took place at a prominent Boston hospital. The case settled following extensive discovery, and just before the depositions of the intraoperative neuromonitoring personnel, whose notes contradicted the surgeon’s timeline of the events that led to the patient’s injuries.

Recovery for the family of a 21 year-old man who died at a Boston-area hospital when an Emergency Department physician failed to establish an airway after the patient had a severe allergic reaction resulting in anaphylactic shock. The physician and others unsuccessfully attempted intubation multiple times but delayed placing a surgical airway, which would have prevented the patient’s death. Following extensive discovery over several years, the defendant resolved the case a short time before trial.

In the largest reported plaintiff’s personal injury settlement or verdict of 2022, SUGARMAN Principals Ben Zimmermann and David McCormack obtained a recovery on the eve of trial for a 26-year-old whose vehicle was struck by a tractor-trailer that hit and tipped over a temporary barrier dividing lanes of traffic in a construction zone on a highway in Central Massachusetts.  Through years of litigation in federal court, SUGARMAN was able to demonstrate that the general contractor and engineering firm for the project selected a light-weight steel barrier that did not meet the project’s specifications and that the manufacturer of the barrier withheld testing and misrepresented the barrier’s characteristics. Compounding these errors, the general contractor failed to install the barriers properly and the engineering firm failed to provide instructions regarding how much room was needed on either side of the barrier to prevent intrusion into opposing lanes of travel. SUGARMAN’s experts demonstrated that the tractor-trailer was traveling at a low rate of speed with a small angle of impact such that a properly installed steel barrier (with several feet of room on either side) or an unpinned concrete barrier would have contained and re-directed the tractor-trailer and prevented it from entering the opposing lane of travel and striking the plaintiff’s car. The plaintiff was a healthy 23-year-old college student at the time of the collision. He suffered multiple fractures and injuries to his internal organs, ultimately rendering him paraplegic with an above-the-knee amputation of the left leg.

Arbitration award in excess of defendant’s policy limits obtained for 34-year-old Ph.D. student who suffered right shoulder and elbow injuries when he was struck by a car while riding his electric bicycle in heavy traffic in Boston. Following the collision, the plaintiff’s primary complaints centered around superficial injuries to his legs and right hand, but he subsequently developed significant pain in his shoulder and right arm. He underwent right shoulder surgery nine months after the accident and elbow surgery more than a year later. The defendant made a minimal offer, disputing both liability and causation, pushing the case to arbitration.