A full-service litigationAdler, Cohen, Harvey, Wakeman and Guekguezian LLP is always striving to advance the practice of law within our diverse areas of specialty. This section of our website is devoted to sharing our thought leadership with clients, colleagues and other interested parties.
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Ellen Cohen has been invited to participate in a program entitled "Managing Error in Primary Care" in conjunction with CRICO/RMF. The program was offered on 11/10/09 at North Shore Medical Center, and will be offered on 4/20/10 at Newton Wellesley Hospital, and on 5/20/10 at Massachusetts General Hospital. If you would like information about the program please contact Deborah LaValley, RN Program Director, Loss Prevention & Patient Safety, CRICO/RMF at 617-679-1228.
On 11/2/09 the Second Annual Fundraiser for The Sig Adler Lung Cancer Research Fund (SALCRF) was held at Babson College.
Sig Adler, a founding member of Adler Cohen, was a long time friend, colleague and counselor to many in the medical, legal and insurance communities. Sig had many interests and hobbies, including his love of music. The Sig Adler Lung Cancer Research Fund was established in November, 2007, shortly after Sig's untimely death from lung cancer at the age of 55. Sig valued and appreciated his treatment and care providers at Massachusetts General Hospital, and he was committed to supporting research aimed at lung cancer identification and treatment. The Fund was created to put Sig's commitment into action, to help support the groundbreaking research being conducted at MGH.
Our Firm takes great pride in supporting SALCRF and invites you to donate to the Fund. Please go to www.sigadlerlungcancerresearchfund.org for further information and instructions on how to donate.
Ellen Cohen has been invited to participate in a program entitled "Managing Error in Primary Care" in conjunction with CRICO/RMF. The program was offered on 11/10/09 at North Shore Medical Center, and will be offered on 4/20/10 at Newton Wellesley Hospital, and on 5/20/10 at Massachusetts General Hospital. If you would like information about the program please contact Deborah LaValley, RN Program Director, Loss Prevention & Patient Safety, CRICO/RMF at 617-679-1228.
In December, 2009 Ellen Cohen and John Pelletier tried a case in which it was alleged that the defendant oncologist had failed to timely diagnose recurrence of squamous cell carcinoma of the tongue in a young mother of two who died within 3 years of her recurrence. The plaintiff argued that earlier diagnosis and treatment would have prevented the patient's death. Experts in the fields of medical oncology, otolaryngology, and a specialist in head/neck oncology all testified in support of the defendant, showing not only that he and many other treating physicians had provided close and careful follow-up and observation of this patient after her initial treatment had ended, but also that it was the fact - and not the timing- of the recurrence that caused the patient's demise. The case was tried beforfe a jury of 14 in the Middlesex Superior Court located in Woburn, MA.
In November, 2009 Ellen Cohen obtained a defense finding in a binding arbitration on behalf of an OB/GYN in a case involving alleged negligence resulting in full term stillbirth. Expert support was presented from an OB, a Certified Nurse Midwife (CNM) and a placental pathologist to prove that the defendant OB, as well as the co-defendant CNM had fully complied with and met the appropriate standards of care in their respective roles in the management of this pregnancy, and that neither defendant's actions caused the unfortunate intrauterine demise of the infant.
In November of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Lowell Superior Court jury trial on behalf of two nurses. The plaintiff alleged that the nurses' negligence caused him to suffer a serious infection, necrotizing fasciitis (flesh eating bacteria). The plaintiff further claimed that the nurses failed to notify his physician of signs and symptoms consistent with this infection. He claimed that he suffered permanent disability and gross disfigurement from the multiple surgeries that he was forced to undergo as a result of this infection.
In October of 2009, Bernie Guekguezian and Mike Barkley obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of two neonatologists. The plaintiff alleged that the neonatologists' negligence caused a newborn to develop necrotizing enterocolitis, and that the physicians were further negligent for failing to promptly diagnose and treat the disease, leading to the child's death 10 days later.
In October of 2009, Bernie Guekguezian obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of an internist. The plaintiff alleged that the physician failed to diagnose and treat an epidural abscess, causing paraplegia and, ultimately, the patient's death.
In June 2009, Attorney George Wakeman successfully defended a internal medicine specialist in a jury trial in Plymouth County in a case alleging improper care of a patient exhibiting signs and symptoms of a TIA.
In June 2009, Attorneys Ellen Epstein Cohen and Michael Barkley each obtained defense verdicts for their respective clients in a Suffolk Superior Court jury trial. Attorney Cohen represented an oral and maxillofacial surgeon and Attorney Barkley represented a large Boston hospital. The plaintiff alleged that the defendants were negligent in connection with a surgical procedure performed on the decedent, a 43 year old woman with a complicated medical history. The decedent went into cardiac arrest during the procedure, suffered a hypoxic brain injury, and died 12 days after the surgery. After a two-week trial, the jury deliberated only 1 1/2 hours before returning a verdict in favor of the defendant oral surgeon and the defendant hospital.
In May of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Lowell Superior Court jury trial on behalf of an ultrasonographer. The plaintiff alleged that the ultrasonographer's negligence in failing to diagnose the absence of amniotic fluid on ultrasound caused her child to be stillborn three days later, at 41 weeks gestation. The jury deliberated 2 hours before rendering its verdict.
In May of 2009, Attorney Bernie Guekguezian obtained a defense verdict in a Norfolk Superior Court jury trial on behalf of an emergency room physician. The plaintiff alleged that the physician was negligent for failing to diagnose and treat Cauda Equina Syndrome, leaving him with permanent paralysis. The jury deliberated 2 and 1/2 hours before rendering its verdict.
In April, 2009, Attorney George Wakeman successfully defended a urologist in a jury trial in Plymouth County in a case alleging negligence in the placement and maintenance of a suprapubic catheter.
Attorney Ellen Epstein Cohen successfully defended an in-patient alcohol and substance abuse detoxification facility in a case where the Plaintiff alleged the detox facility was negligent in developing, approving and using an Ativan Alcohol Withdrawal Protocol, and also that it was negligent in treating and in supervising others in providing treatment to the Plaintiff, along with additional claims. The Plaintiff had a grand mal seizure about 40 hours after completing the Alcohol Withdrawal Protocol as a result of which he suffered bilateral shoulder fractures that required several surgical procedures. After a two-week trial, the jury deliberated and quickly returned a finding in favor of the facility and its Medical Director (a physician).
In December of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of an emergency room physician. The plaintiff alleged that the physician's negligence caused him to be rendered quadriplegic. His spouse brought a claim for loss of consortium. The jury deliberated 2 and 1/2 hours before rendering its verdict.
In September 2008, Attorney George Wakeman obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a plastic surgeon. The plaintiff alleged that the physician (along with five other defendant physicians) negligently failed to diagnose and treat a mid-gut volvulus, causing the death of his 49 year old decedent. The jury deliberated 2 hours before rendering its verdict. The verdict was not appealed.
In November of 2008, Attorney Bernie Guekguezian obtained, after 9 days of trial, a dismissal of all claims against an anesthesiologist in a Lawrence Superior Court jury trial. The plaintiff alleged that the anesthesiologist negligently failed to treat intraoperative hypotension during colon surgery, causing paraplegia to her husband 10 hours after the surgery and, ultimately, his death 18 months later.
In September of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of an internist. The plaintiff alleged that the physician negligently failed to diagnose and treat pancreatitis, causing the death of her 37 year old decedent. The jury deliberated 2 and ½ hours before rendering its verdict.
In September of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of a cardiologist. The plaintiff alleged that the physician negligently failed to diagnose and treat a medication induced gastric bleed in her decedent, causing her death from hemmorhage in her home four hours after she was seen by the cardiologist and discharged from care. The jury deliberated less than 3 hours before rendering its verdict.
In September 2008, Attorney Michael Barkley obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a defendant hospital. The plaintiff alleged that the hospital negligently hired, trained and supervised an employee who allegedly disclosed the plaintiff's confidential medical information to a third party, resulting in emotional distress and disability. The Jury deliberated only 1 ½ hours before returning a defense verdict.
In September 2008, Attorney George Wakeman obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of a plastic surgeon. The plaintiff alleged that the physician (along with five other defendant physicians) negligently failed to diagnose and treat a mid-gut volvulus, causing the death of his 49 year old decedent. The jury deliberated 2 hours before rendering its verdict. The verdict was not appealed.
In September of 2008, Attorney Ellen Epstein Cohen obtained a defense verdict in a maternal death case in Suffolk Superior Court jury trial on behalf of three obstetricians. The plaintiff alleged the defendants each negligently failed to advise the mother of the risk of death resulting in the mother's decision to continue her twin pregnancy after pre-term premature rupture of membranes at 18 weeks, and also that the defendants negligently failed to prescribe prophylactic antibiotics. The jury deliberated for about 3.5 hours before rendering its verdict.
In July 2008, Attorney Michael Barkley obtained a defense verdict in a Hampshire Superior Court jury trial on behalf of an oral surgeon. The plaintiff alleged that the surgeon was negligent in performing a tooth extraction procedure and failing to identify and correct a defect in his surgical equipment, resulting in injury to the plaintiff. The jury deliberated only 30 minutes before rendering its unanimous verdict.
In June of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Norfolk Superior Court jury trial on behalf of a neurologist. The plaintiff alleged that the physician negligently failed to diagnose and treat a stroke, causing the death of her decedent. The jury deliberated less than 2 hours before rendering its verdict.
In April 2008, Attorney Michael Barkley obtained a defense verdict in a Boston Municipal Court jury trial on behalf of a defendant hospital. The plaintiff alleged that her daughter sustained severe burns as a result of negligence by the hospital's employees resulting in permanent scarring.
In March 2008, Attorney George Wakeman, Jr. successfully defended the Chief of Emergency Medicine at a major Boston academic hospital in a case alleging negligence in the evaluation of an eye injury, leading to blindness in one eye. Jury deliberated only 2 hours before returning a defense verdict.
In February of 2008, Attorney Bernie Guekguezian obtained a defense verdict in a Suffolk Superior Court jury trial on behalf of an emergency room physician. The plaintiff alleged that the physician negligently failed to diagnose and treat a staph infection, causing the death of her decedent. The jury deliberated less than 2 and ½ hours before rendering its verdict.
In January, 2008, Attorney George Wakeman, Jr. successfully defended at trial an OB/GYN in a case alleging negligence in the performance and aftercare of a patient undergoing Burch colposuspension surgery. Jury deliberated only 1 ½ hours before returning a defense verdict.
Ellen Cohen, George Wakeman and Bernie Guekguezian, partners of the firm, were selected (once again) for inclusion in the 2010 edition of "The Best Lawyers in America" in the specialties of Medical Malpractice Law and Personal Injury Litigation. Selection to "Best Lawyers" is based on an exhaustive and rigorous peer-review survey comprising of more than 2.8 million confidential evaluations by the top attorneys in the country. Being listed in "Best Lawyers "is considered a singular honor, described by "The American Lawyer " as "the most respected referral list of attorneys in practice."
Attorneys Ellen Cohen, George Wakeman and Bernie Guekguezian were recently voted for inclusion in the 2009 edition of "Boston's Best Lawyers." Their selection was based on the vote of their peers. Each was honored in the "Medical Malpractice Law" category and Attorneys Cohen and Guekguezian were also honored in the "Personal Injury Litigation" category. It is the second consecutive year that Attorneys Cohen and Wakeman have been honored as Boston's Best.
Attorney George Wakeman was named to The Best Lawyers in America in specialty of Medical Malpractice Law for 2009.
Attorney Ellen Epstein Cohen was named to The Best Lawyers in America in specialty of Medical Malpractice Law for 2009.
In May 2009 George Wakeman was inducted into the American Board of Trial Advocates with the rank of "Advocate" (having successfully tried over 80 jury trials). ABOTA is a national organization and membership is by invitation only following a vetting process.
Ellen Cohen was interviewed for Forum, Summer 2009 issue regarding "The Medico-Legal Aspects of Curbside Consultations." Forum can be viewed on-line by all physicians insured through Harvard's malpractice insurance program, (CRICO) via CRICO/RMF's website.
On October 8, 2009 Ellen Epstein presented to the Massachusetts Society of Oral and Maxillofacial Surgeons on "Anatomy of a Malpractice Suite."
On September 26, 2009, Attorney Jennifer Herlihy gave a presentation on the "Board of Registration of Chiropractors" at the annual convention of the Massachusetts Chiropractic Society in Plymouth, Massachusetts.
On July 23, 2009 George Wakeman presented a mock cross-examination of plaintiff's expert for MCLE Trial Advocacy course with Judge Chernoff and Judge Hines.
On July 22, 2009 Attorney Ellen Epstein Cohen participated as an invited faculty by Judges Chernoff and in the Trial Advocacy Workshop, as part of a comprehensive trial advocacy course sponsored by MCLE.
On June 15, 2009 Attorney Ellen Epstein Cohen was a presenter at the CRICO/RMF 2009 Patient Safety Summit at the Westin Copley Place. Ms. Cohen participated in a point/counterpoint discussion format on the legal implications of various issues including videotaping in the O.R., the use of algorithms in clinical care, and telephone "curbside" consults.
On June 12, 2009 Attorney Ellen Epstein Cohen presented a program entitled "Fire in the O.R." to the Harvard Risk Managers Collaborative. This program was intended to educate and increase awareness of the risk of fire in the hospital setting, particular in the Operating Room, and to identify ways to minimize the risk of occurrence as well as better prepare to respond to fire emergencies.
On May 1, 2009 Attorney Ellen Epstein Cohen presented "The Expert Witness in Malpractice" to the ARRS (American Roentgen Ray Society) Annual Meeting at the John B. Hynes Veterans Memorial Convention in Boston, MA. Attorney Cohen's lecture is part of a comprehensive weeklong educational meeting which covers a wide variety of medical and related issues for the radiology community.