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Senator John Kerry wants the families of Brian Halloran and Michael Donahue to receive the $8.5 million in Massachusetts wrongful death damages that a US district judge had awarded them in 2009. Donahue and Halloran were both victims of James “Whitey” Bulger, the infamous Boston mafia head of the Winter Hill Gang.

Unfortunately, an appeals court threw out their Boston wrongful death cases and made the awards invalid on the grounds that the families should have filed their civil lawsuits sooner. Now, Senator Kerry is trying to get around that decision with legislation that would mandate that the US Treasury pay the families of the two men the damages they are owed. While Kerry asked for Congress’s help in this matter, Rep. William Keating, also of Massachusetts, filed a similar measure in the US House.

According to the Boston wrongful death lawsuits, Donahue and Halloran were murdered in 1982 after John Connolly Jr. a former government agent, warned Bulger that Halloran was going to name the mob head in a murder. Bulger and another mobster are accused of shooting Halloran 22 times. Donahue, who was there to drive Halloran, sustained bullet wounds to the head.

The families had brought their Massachusetts wrongful death cases under the Federal Tort Claims Act, which allows people to recover damages for the harm they suffered under the hands of the government. Per the act, claims must be brought within two years, but this limitation doesn’t stand if a victim does not know or has been prevented from knowing that he/she has grounds for a claim.

The appeals court said that given that there was extensive media coverage blaming Bulger and Stephen Flemmi for the shootings, the families should have filed its claims by September 2000. Donahue’s widow, however, argued that for almost two decades the FBI had told her that someone else had killed her husband.

Kerry filing bill to pay $8.5M to families of men allegedly killed by ‘Whitey’ Bulger, Washington Post/AP, November 1, 2011
‘What Kind of Government?’, The New York Times, October 23, 2011

Related Web Resources:
Whitey Bulger Biography

Federal Tort Claims Act, Legal Information Institute

More Blog Posts:
Deutsche Bank and Domino’s Pizza Sued in $15M Boston Wrongful Death Lawsuit Over Pizza Delivery Man’s Death, Boston Injury Lawyer Blog, October 27, 2011
Gangsters “Whitey” Bulger and “The Rifleman” Flemmi Ordered to Pay Victim’s Family $30 Million for Her Massachusetts Wrongful Death, Boston Injury Lawyer Blog, September 18, 2009
Appeals Court Upholds Quincy Family’s $3.1 Million Award For FBI Leak that Led to Fisherman’s Death, Boston Injury Lawyer Blog, October 20, 2008 Continue reading

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The state’s highest court is getting ready to take a formal look into whether Massachusetts drunk driving acquittal level at the district court level is too high. The announcement of the inquiry comes following a report by the Boston Globe that the judges had a 30% greater acquittal rate than juries in the state.

Former chief trial counsel for the Suffolk district attorney’s office Jack Cinquegrana, who also previously served as Jack Cinquegrana and Boston Bar Association president, has been tasked with figuring out the acquittal rate for jury-waived OUI cases and how that compares with the national average.

According to the Globe’s Spotlight Team, certain counties have acquittal rates that continue to rise. In Suffolk County, judges are acquitting OUI defendants in 88% of cases. The acquittal rate by judges is Plymouth County for 86%. Some district court judges say that one reason the conviction rate is low is that prosecutors are often reluctant to drop OUI cases that don’t have enough evidence.

Continue reading

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In Sisson et al. v Lhowe et al., the Massachusetts Supreme Judicial Court has ruled that a plaintiff can modifiya medical malpractice lawsuit to seek damages for wrongful death rather than personal injury even though the expiration date to make the claim has already passed. However, this change can only be made if the civil trial has not started, the original lawsuit was filed during the state’s allowed statute of limitations, and the liability allegations for wrongful death are the same as the ones for personal injury.

The Massachusetts medical malpractice case that the court ruled on was filed in 2006 prior to the death of Dawn Sisson from osteosarcoma. The complaint accused one of Dawn’s doctors of providing her with substandard care. Dawn died in 2007. A year later, the Massachusetts wrongful death claims were added to the lawsuit. This was after the 7 under the law allowed to file such a claim had passed.

In its 4-1 ruling, the state’s highest court overturned a lower court’s ruling throwing out the claims. It said that the wrongful death claims could be included because the circumstances surrounding the case were not in alignment with the reasons why the Legislature chose to have a law limiting how much time plaintiffs can seek such damages. The court also noted that the damages sought after and before Dawn’s passing were not very different in their amount or nature.

Massachusetts Medical Malpractice
Medical mistakes can cause serious injury, including death. Sometimes, a person who gets sick or hurt because of medical negligence may not pass away immediately. However, that doesn’t mean that the medical errors did not cause the death. Surviving loved ones should be allowed to obtain Massachusetts wrongful death recovery.

Lawsuit can be amended after deadline to include wrongful death, American Medical News, October 26, 2011
Sisson et al. v Lhowe et al. (PDF)


More Blog Posts:
Boston Wrongful Death Lawsuit Accuses Hospital and Wareham Hospital and Nurse of Massachusetts Medical Malpractice, Boston Injury Lawyer Blog, September 24, 2011
$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011
Framingham Woman Dies A Day After Undergoing Breast Augmentation Procedure, Boston Injury Lawyer Blog, August 12, 2011 Continue reading

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A man who was sexually abused by two clergymen when he was a teenager during the 1960’s will receive $100,000 from the Augustinian Order. His abusers, Rev. Alfred Murphy and a Brother John, are also accused of molesting other boys. The victims belonged to the St. Mary parish Catholic Youth Group.

According to the Massachusetts sex abuse complaint, the plaintiff, who is now in his 50’s, was molested about 25 times. He was one of a number of boys that the clergymen would take kayaking and swimming so they could abuse them during the trips.

The victim’s Boston injury lawyer says that the clergy sex abuse caused his client emotional injury, mental trauma, anxiety, nightmares, and depression. As a result, the plaintiff has spent a lot of money on therapy and medical bills.

The Boston clergy sex abuse attorney went on to say that that this compensation does not make up for what happened to the client. Rather, it is a validation that the plaintiff isn’t to blame for what happened to him.

The victim didn’t come forward until after he saw a newspaper article in the mail a couple of years ago reporting on how Murphy had been accused of abusing a 17-year-old during a 3-week camper trip. Although the plaintiff hadn’t forgotten he’d been abused, reading the story made him realize that problems he was suffering from in the present was because of the Lawrence clergy sex abuse he suffered.

Also mentioned in his lawsuit was a third party. Although not named in court papers, this person was accused of failing to properly supervise Brother John and Rev. Murphy.

Unfortunately, for years the Roman Catholic Church turned a blind eye to the fact that many of its priests were molesting young children. Many of these kids were too ashamed or scared to come forward right away or had suppressed the memories. Now, as adults, a number of them are remembering and/or garnering the courage to speak out and hold their abusers and the Church liable.

Religious order pays $100K to Andover man in abuse case, Eagle-Tribune, October 29, 2011
Rev. Alfred Murphy, BishopAccountability.org

More Blog Posts:
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 25, 2011
Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyer Blog, April 13, 2011 Continue reading

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The family of 58-year-old delivery man who was murdered in 2010 is trying to hold Domino’s Pizza and Deutsche Bank liable for his Boston wrongful death. Nova was dispatched by a franchisee of Domino’s to a broken down residential structure on September 1, 2010. Deutsche Bank owns that property.

Nova, a father of three was stabbed 16 times after he entered the building. His assailants also robbed him of $143, as well as stole the pizzas, chicken wings, and drinks that the murderers had ordered.

In their Boston wrongful death lawsuit, the plaintiffs contend that a a co-worker at Domino’s responded in the affirmative when the people placing the order tasked if Nova would be carrying cash. The co-worker also did not confirm the callback number, which the family believes increased the chances of an assault crime happening. They say that sending Nova to the back of the building where no one could see him also placed him at risk. Per the family’s Boston injury lawyer, Domino’s didn’t have in place addressing security for delivery drivers and that this was a “proximate cause” of Richel Nova’s assault, false imprisonment, and murder.

The civil complaint accuses Deutsche of negligent security. The building, which had been vacant for the two years before Nova’s death, did not have any Do Not Trespass signs.

Meantime, three people have confessed to the murders. They have, however, pleaded not guilty to the charge of first-degree murder.

Boston Wrongful Death
As you can see, with this Boston wrongful death complaint, the family is suing two parties. Domino’s, which is accused of failing to provide adequate security and the necessary safety protocols for delivery drivers, and Deutsche Bank, as the premise owner of the property where the crime occurred. While both parties played no direct role in Nova’s murder, the plaintiffs contend that the defendants’ negligence allowed for his death to occur.

Domino’s Pizza and Deutsche Bank sued for $15 million by family of murdered pizza delivery man, Boston.com, October 26, 2011
Boston Mayor Thomas Menino suggests ‘torture’ for pizza delivery murder suspects, AP/Mass Live, September 23, 2010

More Blog Posts:
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011
Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home, Boston Injury Lawyer Blog, April 21, 2011
Taylor Meyer’s Family Settles Norfolk Wrongful Death Lawsuit with Two of the Defendants, Boston Injury Lawyer Blog, April 6, 2011 Continue reading

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Two adults who were sexually abused by a former priest have been awarded $3 million-$2M and $1M judgments, respectively- in their Boston clergy sex abuse case against John Dority. The two victims were 10 and 13 when the ex-clergyman molested them during the early’s 70’s and late ’60’s while they were members of a West Roxbury parish. The Massachusetts sex abuse occurred over several years.

Dority has admitted to abusing the plaintiffs. Now, 70, he is a registered sex offender who has already served time behind bars for child molestation.

The judgments were issued to the victims after Dority failed to respond to the Boston child sex abuse lawsuit and chose not appear in court. Suffolk Superior Court Judge Janet Sanders, who issued the award, said no amount could fully make up for the plaintiff’s suffering. Dority, however, likely does not have $3 million to pay the plaintiffs. The plaintiffs’ Boston child sex abuse case against the Order of Friars Minor Province of the Most Holy Name, is still pending.

According to the Boston Globe, Survivors Network of Those Abused by Priest Director David Clohessy has said that significance of the award amount is that it publicly validates the degree of suffering that the victims experienced because they were sexually abused. This is understandable, seeing as the effects of sexual abuse can last a lifetime.

In addition to prosecutors filing criminal charges against the perpetrators, a victim may be able to sue his/her abuser for damages. Even if the Boston child sex abuse happened years ago, you may still be able to recover compensation.

While winning your Massachusetts sex abuse lawsuit cannot erase what happened to you or the devastation it has created in your life, it could help you in your healing while holding your assailant liable.

Priest abuse victims get $3m ruling, Boston.com, October 22, 2011
$3 Million Awarded In Mass. Priest Sex Abuse Case, CBS Boston/AP, October 21, 2011
Database of Publicly Accused Priests in the United States, BishopAccountability.org
Abuse in the Catholic Church, The Boston Globe

More Blog Posts:
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 23, 2011
Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyer Blog, April 13, 2011
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011 Continue reading

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Pfizer Inc. has agreed to pay $14.5 million to the federal government, the District of Columbia, and 49 states to settle claims that the drug manufacturer not only improperly marketed its bladder control medication Detrol but also cheated Medicaid. The allegations were made by former sales representatives Marci Drimer and David Wetherholt, who filed their Massachusetts whistleblower lawsuit in Boston in 2006 on behalf of the US, 49 states, and the District of Columbia.

Wetherholt and Drimer contended that even though Detrol had only been approved for treating overactive bladders, the company violated federal regulations by promoting it for use that government agency hadn’t been approved, such as for treating impeded urine flow caused by benign prostatic hyperplasia, lower urinary tract symptoms, and bladder outlet obstruction. The two men claimed using Detrol had no therapeutic benefits for some of these conditions.

In their whistleblower lawsuit, Drimer and Wetherholt accused Pfizer of purposely embarked on a path of “unlawful conduct” that it knew would cause pharmacists and physicians to submit thousands of claims that Medicaid didn’t cover. The two men contend that they were pushed out of their jobs by the drug maker after they complained about the marketing practices.

Off-Label Marketing
This type of pharmaceutical fraud involves the marketing of a medication for uses not approved by the Food and Drug Administration that results in a company doing so to get the government to subsidize a medication that it isn’t supposed to cover. Granted, it is not against the law to use medicines for off-label purposes. However, if these prescriptions are billed to Medicaid or Medicare then fraud is being committed.

Under the False Claims Act’s qui-tam provision, which allows for whistleblower awards of up to 30% of what the government recovers, in the wake of their case against Pfizer, Drimer and Wetherholt will get 27% of the federal government’s share of the $14.5 million. They will receive a percentage of the $2.62 million that she states are getting.

Even in settling, Pfizer continues to deny wrongdoing. The company said it chose to settle to avoid the costs that come with litigation.

Pfizer Settles Whistle-Blower Suit Over Detrol Marketing, Bloomberg, October 20, 2011
Pfizer Pays $14.5M To Settle Detrol Off-Label Suit, Pharmalot, October 20, 2011

Related Web Resources:
What is the False Claims Act & Why is it Important?,The False Claims Act Legal Center
Detrol, Pfizer

More Blog Posts:
Whistleblower Lawsuit Accuses Southern Care of Charging Medicare While Fraudulently Enrolling Patients in Hospice Care, Boston Injury Lawyer Blog, September 27, 2011
Massachusetts Whistleblower Lawsuits, Hospice Neglect, and Medicare Fraud, Boston Injury Lawyer Blog, July 26, 2011
Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyer Blog, July 23, 2011 Continue reading

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A city worker died this morning after the bucket truck he was working in was hit by an 18-wheeler truck. The impact of the Quincy truck crash caused Robert DeCristofaro to fall out of the bucket and into the road.

The 58-year-old Braintree man was taken to Boston Medical Center where he was pronounced dead. Police are trying to figure out which truck driver caused the Quincy tractor-trailer accident. Meantime, OSHA is also looking into the crash.

Massachusetts Workers’ Compensation
City workers and their families are entitled to Massachusetts workers’ compensation benefits in the event of injury or death on the job. It is important that you file your Quincy work injury claim right away. It is also a good idea to consult with a Boston workers’ compensation law firm about your case. You want to make sure you receive all of the benefits that you are owed.

Although it would be nice to think that this is what automatically happens, this isn’t always the case. An employer’s insurer may choose to reduce, delay, or deny your benefits. Considering that employees and their families generally cannot sue the employer for Quincy personal injury, this can take a financial toll on the victim and loved ones, who may have to contend with lost wages, medical benefits, and other expenses.

Your Quincy workers’ compensation lawyer can protect your right to receive everything that you are owed.

Third Party Lawsuits
Obtaining work injury benefits from your employer doesn’t stop you from filing a third party lawsuit and vice versa. Although you cannot sue your employer, there may be third parties that are not your employer who can and should be sued. For example, right now, the facts of what happened in the Quincy work accident that killed DeCristofaro are not clear at this time. However, if it was the driver of the semi-truck that struck the bucket truck he was on, then the Braintree man’s family may have grounds for pursuing a Quincy wrongful death case against the trucker and his/her employer.

Quincy worker thrown from bucket after crash dies, Boston Herald, October 18, 2011
Massachusetts Workers’ Compensation, The Commonwealth of Massachusetts

Related Web Resources:
Labor and Workforce Development, Mass.gov
Occupational Safety and Health Administration, US Department of Labor

More Blog Posts:
Repairman Loses Consciousness 14 Feet Underground in Septic Pump Chamber, Massachusetts Workers’ Compensation Lawyer Blog, October 5, 2011
$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011
Boston Hospital Gives Full Face Transplant to Man Burned in Construction Accident, Boston Injury Lawyer Blog, May 9, 2011 Continue reading

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A jury has awarded the family of Robin Aleo $20.6M in its Essex County, Massachusetts wrongful death verdict against Toys “R” Us. Aleo died after she hit her head on the end of a swimming pool. The injury accident occurred in 2006 when the Banzai Falls in-ground slide she was going down headfirst bottomed out.

The Andover swimming pool accident caused her to break her neck and sustain spinal cord injury that left her a quadriplegic who couldn’t breathe on her own. Aleo later was taken off life support and died at age 29. Her 18-month-old daughter witnessed her mother being rescued while unconscious from the pool.

In their Andover wrongful death lawsuit, the family claimed that Toyquest Banzai slide, which was made in China, hadn’t been tested to see if met federal standards. The slide had been purchased at Toys “R” US, which had imported it.

Lawyers for the toy company had argued that because the Banzai Falls slide was inflatable, Toys “R” Us was not required to test the product to make sure it complied with federal regulations. Per federal safety standards, pool slides must be able to support 350 pounds without giving way or deforming. According to an expert witness for the plaintiffs, not only does the Banzai Falls slide deform under any weight, but as a person’s weight shifts on the slide while going down it, the air becomes displaced and renders the slide unable to support any load.

The $20.6 million products liability verdict included $18 million in punitive damages, $100,000 for Aleo’s pain and suffering before she died, and $2.5 million in lost income. The other defendants in this Massachusetts products liability lawsuit, Amazon.com and SLB Toys USA, have already settled with Aleo’s husband Michael.

Aleo is not the first person to allegedly become paralyzed after riding down a Banzai Falls slide. One man claims he became a paraplegic after going down one. The slide he got hurt on was bought at Walmart. He is suing the retailer and the Chinese manufacturers for his spinal cord injury.

The Consumer Product Safety Commission established minimum standards for swimming pool slides because they have been linked with so many serious injuries, including paraplegia, quadriplegia, leg fractures, and deaths. Examples of common defects involving pool slides include material failures, environmental incompatibilities, and surface material flaws.

$20.6M award in pool slide death, Eagle Tribune, October 15, 2011
Toys ‘R’ Us hit with Mass. lawsuit damages, UPI, October 16, 2011
Safety Standards for Pool Slides, Consumer Watch

Related Web Resources:

Toys ‘R’ Us

Consumer Product Safety Commission

More Blog Posts:
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011
Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer Blog, January 12, 2011 Continue reading

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In the wake of securities lawsuits accusing Bank of New York Mellon Corp. of defrauding investors and overcharging them on billions of dollars in currency trades over 10 years, now comes news that the government had been working with a secret whistleblower. Grant Wilson, who worked at the bank’s small trading desk in Pittsburgh, has reportedly been assisting with currency-trading probes into BNY Mellon for the last two years.

Last week, the US Justice Department and New York’s attorney general submitted separate civil lawsuits accusing BNY Mellon of misleading or defrauding public and state pension funds, universities, private companies, and banks with their foreign exchange scam. The US Attorney is also claiming mail and wire fraud. Meantime, the New York Attorney General Eric T. Schneiderman wants the bank to pay up $2 billion for the alleged securities fraud. A spokesman for BNY Mellon denies that clients were given the “least favorable” currency rates.

State attorneys general in Florida and Virginia have made similar allegations against BNY Mellon. They too have filed lawsuits based on the information from Wilson’s whistleblower case.

Wilson and the whistleblower group that he belongs to could receive up 25% of whatever BNY Mellon ends up paying for lawsuits stemming for the information he provided. Wilson’s role was kept so secret that the bank’s lawyers never discovered him. He no longer works there.

According to the Wall Street Journal, Wilson kept his involvement a secret by using a shell partnership and holding meetings on the weekends and in different restaurants. In addition to telling attorneys and law enforcement officials about the financial scam and how it worked, he also gave them internal documents that charted BNY Mellon’s profits.

Whistleblower Lawsuits
Filing a Massachusetts Qui-Tam actions , also known as whistleblower lawsuit, on behalf of the government because of fraud that is being committed against it may result in financial recovery for the whistleblower.

Secret Informant Surfaces in BNY Currency Probe, Wall Street Journal, October 12, 2011
The “Secret” Whistleblower at BNY Mellon: How Grant Wilson and his New Partner in No-Crime, Harry Markopolos, Are Changing the Game, Forbes, October 13, 2011

More Boston Injury Lawyer Blogs:
Whistleblower Lawsuit Accuses Southern Care of Charging Medicare While Fraudulently Enrolling Patients in Hospice Care, Boston Injury Lawyers Blog, September 27, 2011
Massachusetts Whistleblower Lawsuits, Hospice Neglect, and Medicare Fraud, Boston Injury Lawyers Blog, July 26, 2011
Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyers Blog, July 23, 2011 Continue reading

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