Representative Cases

An elderly wheelchair bound patient suffering from severe dementia and renal failure who was a known fall risk was negligently allowed to wander from a dialysis center unsupervised. Once outside the dialysis center, he fell and suffered a broken hip requiring surgical repair. The case settled shortly after a settlement demand package was sent to the insurance company.

The vehicle our client was a front seat passenger in was broadsided by another vehicle at an intersection. As a result of the collision, our client suffered a “dashboard injury” to his knees and a meniscus tear to his right knee requiring arthroscopic surgery. The case settled shortly after a settlement demand package was sent to the insurance company.

Our client was a tenant in an apartment building complex with an adjacent parking lot who suffered a zygomatic arch fracture when she lost her footing and fell while descending an exterior parking lot stairway. An investigation of the condition of the exterior stairway with a building code expert revealed that the stairway contained multiple tripping and pacing cadence hazards, including stair tread depths that were not uniform in depth and varied by 3 inches from 7 1/4 inches to 10 1/4 inches. Claims for negligence and breach of the warranty of habitability based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code were made against the owner of the property and the property management company. The case was settled shortly after a demand package was sent to the insurance company.

Our client was a tenant of a large apartment complex who suffered a rotator cuff tear when she lost her footing and fell down a common area stairway. An investigation of the stairway’s condition was conducted by a building code expert and revealed multiple tripping and pacing cadence hazards. These included a missing hand rail, vertical stair risers that were not uniform and varied in vertical height from 5 7/8 inches to 7 5/8 inches, and rubber stair nosing that was detached and separating from a stair. Claims were made for negligence, breach of the warranty of habitability, and breach of quiet enjoyment based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code against the property owner. The case was settled shortly after a settlement demand package was sent to the insurance company.

Our client was removing items from the cargo area of her friends older model SUV when her friend accidentally remotely closed the liftgate from inside her house, causing the liftgate to violently strike our client in the back of the head resulting in a traumatic brain injury. A bodily injury claim was filed with the insurance company that insured the SUV and an underinsured claim was filed with our clients insurance carrier by another attorney. The prior attorney settled the bodily injury claim for the insurance policy limits of $50,000.00 but the underinsured claim was denied and the prior attorney did not want to pursue arbitration for a number of different reasons. We took over the case and fully prepared the underinsured claim for arbitration. After sending a settlement demand package and providing a statement to the underinsured insurance carrier, the claim settled for $175,000.00.

A negligent driver failed to stop at a stop sign at an intersection and struck our client's vehicle resulting in our client suffering a torn rotator cuff requiring surgical repair. The responding police officer cited the negligent driver for failure to stop at a stop sign. The case was settled shortly after a demand package was sent to the insurance company.

Our client rented a fourth floor apartment unit and suffered an ankle fracture when she lost her footing and fell down a common area stairway. An investigation of the condition of the stairway with a building code expert revealed the stairway included multiple tripping and pacing cadence hazards. These included a missing hand rail, stair tread depths that were not uniform and varied from 9 3/4 inches to 11 inches, and vertical stair risers that varied in vertical height from 6 3/4 inches to 9 inches. Claims were made for negligence, breach of the warranty of habitability, and breach of quiet enjoyment based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code against the owner of the property. The case was settled shortly after a settlement demand package was sent to the insurance company.

Our client’s car was struck by a car traveling in the opposite direction when the car negligently crossed over a double yellow line and entered into our client’s lane of traffic. As a result of the collision, our client suffered from neck pain, back pain and headaches. The client initially hired another lawyer to represent him and the lawyer refused to file a lawsuit as the case approached the three year statute of limitations. The client was unhappy with the prior lawyer and contacted our office. We took over the case and filed a lawsuit shortly thereafter. After extensive written discovery and depositions, the case was mediated and settled pre-trial.

Our client, an avid cyclist, was riding his bike downhill at a fast rate of speed when a car negligently pulled out in front of him from a side street resulting in a collision. As a result of the collision, he was thrown off his bike and suffered several rib fractures, multiple abrasions, lacerations and permanent scarring. The accident happened shortly after dusk and the responding police officer found that our client was 50% responsible for the accident due to inadequate lighting and reflectors on his bicycle pursuant to M.G.L. c. 85 s.11B(8). We obtained several sworn statements from witnesses to the accident disputing the lighting conditions at the time of the accident and the case was settled shortly after a settlement demand package was sent to the insurance company.

Our client, a foreigner on vacation, was riding a bike along a street when a car negligently pulled out in front of him from a side street resulting in a collision. As a result of the collision, our client suffered from a fractured collar bone that required surgery. The negligent driver was cited by police and witness statements were obtained. The case was settled shortly after a settlement demand package was sent to the insurance company

Our client was the front seat passenger of a car in which the driver negligently made a left turn through an intersection, when it was struck by a speeding vehicle traveling in the opposite direction. Claims for negligence were made against the driver of the vehicle our client was traveling in and the driver of the vehicle traveling in the opposite direction. The operator of the vehicle traveling in the opposite direction was driving a rental car at the time of the accident resulting in the “stacking” of the driver’s personal auto insurance and the rental car insurance. As a result of the collision our client suffered an exacerbation of pre-existing back pain and an orthopedic expert was retained to render an opinion on causation and permanency of her injuries. The case settled shortly after a settlement demand package was sent to the insurance companies.

Our client, an avid triathlete, was struck by a commercial truck towing a trailer while riding his road bike when the driver of the truck attempted to pass him. As a result of the collision, our client was thrown from his bike and suffered from abrasions, lacerations, scarring to his knee and a fractured clavicle. An expert dermatologist was hired to render an opinion on the nature and permanency of the scarring to his knee. A claim against the driver of the truck for negligence was made and a claim against the underinsured policy of our client’s automobile insurance policy was made. The case against the driver of the truck was settled shortly after a settlement demand package was sent to the driver’s insurance company. After waiting three years to make sure the clavicle fracture did not require surgery, the underinsured claim was settled.

Our client was struck by a driver who failed to stop at an intersection. The defendant driver’s negligence resulted in a rollover of our client’s vehicle and an exacerbation of pre-existing lower back pain. The case was settled shortly after a demand package was sent to the insurance company.

Our client was a rear seat passenger of a car in which the driver negligently made a left turn through an intersection when it was struck by a speeding vehicle traveling in the opposite direction. Claims for negligence were made against the driver of the vehicle our client was traveling in and the driver of the vehicle traveling in the opposite direction. As a result of the collision, our client suffered a rotator cuff tear that required surgery. The claims against both drivers were settled for the insurance policy limits.

A neighbor’s dog wandered into our client’s house with its leash still attached. While attempting to return the dog it lunged off our client’s porch and pulled the client down a flight of stairs resulting in neck pain, arm pain, and hip pain. The homeowner’s insurance company unsuccessfully argued our client was a “temporary keeper” of the dog and attempted to deny the claim. The case was settled shortly after a settlement demand package was sent to the insurance company.

Our client was traveling home after work along Route 93 North in Boston, MA when he was side-swiped by another vehicle that negligently attempted to merge into his lane. As a result of the collision, he suffered from whiplash injuries and an exacerbation of pre-existing headaches. A claim against the driver of the other vehicle for negligence was made and a claim against the underinsured policy of our client’s automobile insurance policy was made. The case against the other driver was settled for the policy limits shortly after a settlement demand package was sent and the underinsured claim was settled at the same time.

A school bus driver negligently operated a school bus causing it to come to a violent and sudden stop. At the same time our minor client and other students were standing in the aisle due to overcrowding of the bus and negligent supervision. Prior complaints from parents about overcrowding and the lack of a school bus monitor were made to the school bus operating company and the public school system. When our client fell, he suffered a laceration to his ear requiring stitches resulting in minor permanent scarring. A dermatologist was hired to render an opinion on the nature and permanency of the scar. The case was settled shortly after a lawsuit and a petition for approval of a settlement with a minor were filed.

Our client, an avid triathlete, was struck by a moped while riding his road bike. The operator of the moped negligently pulled out from a side street and struck our client while he was traveling downhill at a fast rate of speed. Our client was thrown from his road bike and suffered from several abrasions and lacerations to his face resulting in two minor scars. An expert dermatologist was hired to render an opinion on the nature and permanency of the scars. The insurance company failed to make a fair and reasonable settlement offer in response to our settlement demand package and a lawsuit was filed. The case settled shortly after the lawsuit was filed.

A retail store experienced a water leak. A water damage repair company was hired to repair the leak and perform water damage remediation. Numerous blower fans and electrical cords were used to dry the water damaged area. The blower fans and electrical cords were negligently placed throughout the building and not properly secured resulting in a tripping hazard. Our client, the store manager, tripped on an electrical cord and fell resulting in neck pain and a small laceration to her eyebrow. A Workers’ Compensation claim was filed and a third party personal injury claim was filed against the repair company. The case settled shortly after a settlement demand package was sent to the insurance company and a Section 15 petition was submitted to the Department of Industrial Accidents for settlement approval.

Our client suffered a traumatic brain injury (TBI) when she tripped and fell down a flight of stairs while exiting her apartment building. As a result of the TBI, she suffered from severe cognitive difficulties, memory loss, inability to concentrate, insomnia, depression and anxiety, and was totally disabled. Disability Determination Services (DDS) determined that she had the ability to perform light duty unskilled work and her claim was denied at the original claim and reconsideration levels. We won her case at the hearing level with documentation and support from multiple treating medical providers.

Our client was working on a construction site when the floor above him collapsed on him resulting in open fractures to his right leg, fractured lumbar vertebra, chronic pain symptoms, and a traumatic brain injury. The client underwent multiple surgeries. The client was initially represented by a different attorney at the original claim and reconsideration levels and his claim was denied at both stages. Disability Determination Services (DDS) determined that the client’s medical impairments were not severe based on the medical records on file. Questionnaire forms that were sent to the client and his prior attorney were not completed and returned to DDS. We were hired at the hearing level and won him benefits after a hearing before an administrative law judge. Our office also handled the coordination of workers’ compensation benefits and Social Security disability benefits with the clients local Social Security office.

Our client contracted Lyme disease that went untreated for many years and she suffered from severe chronic fatigue, insomnia, chronic headaches, chronic pain and anxiety that prevented her from working. The client attempted to file for benefits on her own but was unable to complete the original claim paperwork. After filing her claim, we obtained all the clients records, a lyme disease residual functional capacity questionnaire from her primary care physician and a mental residual functional capacity questionnaire from her treating psychiatrist and submitted these documents to the Social Security Administration. Her claim was approved shortly after the medical records and statements from her treating medical providers were submitted to Disability Determination Services.

Our client suffered from severe cirrhosis, grade II esophageal varices, esophageal ulcer, and chronic fatigue that was so severe she was falling asleep while at work. The client filed an original claim on her own and the claim was denied. We were hired by the client to file a request for reconsideration which was also denied. We filed a hearing request and the client was scheduled shortly thereafter for a liver transplant. We filed an on-the-record request based on Social Security listing 5.09 and a cirrhosis/liver disease medical assessment form completed by the clients treating hepatologist and the client was approved for disability benefits without the need for a hearing. The client also received additional auxiliary children’s benefits for her minor children.

Our client suffered from chronic fatigue and severe exhaustion as a result of radiation-induced cardiomyopathy after undergoing radiation treatment for Hodgkin’s lymphoma and breast cancer approximately 20 years before her alleged onset of disability date. The client was denied benefits at the original claim and reconsideration levels. The client was approved for SSDI benefits at the hearing level after we argued the claimant was limited to light duty work and based on her age, education and work experience a finding of disabled was directed by Medical Vocational Rule 202.06. Multiple narrative reports and functional capacity assessment forms were completed by the client’s medical providers and supported our argument.

Our client suffered a severe right shoulder rotator cuff tear requiring surgical repair, right ulnar neuropathy, chronic pain and insomnia as a result of falling off a ladder while at work. Disability Determination Services found that he was able to perform light duty work at both the original claim and reconsideration levels. We appealed the decisions and an Administrative Law Judge found that our client had the residual functional capacity to perform sedentary work but would be off task for more than 1 hour per day, in addition to regularly scheduled breaks, due to chronic pain symptoms and severe fatigue which would not be tolerated by an employer. The Administrative Law Judge found our client disabled and awarded him benefits. Our office also handled the coordination of workers’ compensation benefits and Social Security disability benefits with the clients local Social Security office.

Our client was diagnosed with cholangiocarcinoma and underwent chemotherapy, radiation and surgical treatment resulting in chronic pain and severe fatigue symptoms and was unable to work. We filed an original claim on his behalf and submitted all of his medical records and notified the Social Security Administration that his claim should be processed and expedited under the compassionate allowance program based on Social Security listing 13.19. His claim was approved in 52 days, he was awarded disability benefits and his minor child was also awarded auxiliary benefits.

Our client suffered from interstitial cystitis which caused her to take 2 to 3 bathroom breaks per hour, each break lasting approximately 5 minutes, and she was also missing approximately 2-3 days of work per month due to flare ups and bladder issues. She was forced to stop working because of her symptoms and she filed a Social Security disability claim in addition to short term and long term disability claims through her employer. Her Social Security claim was denied at the original claim and reconsideration levels, Disability Determination Services found that she was able to perform medium duty work despite her symptoms. We appealed the decisions and an Administrative Law Judge found that our client had the physical ability to perform work at all exertional levels but her symptoms from interstitial cystitis would cause her to take breaks every hour for a total of 15 minutes and that she would be absent from work 3 or more days per month, which would not be tolerated by an employer, and found that she was disabled. The client chose not to collect early retirement benefits while her Social Security disability application was pending.

Our client suffered a severe right shoulder rotator cuff tear that required surgical repair when he tried to prevent himself from falling from a ladder. As a result of the injury, he suffered from chronic pain, insomnia and depression and was forced to stop working. Disability Determination Services determined at the original claim and reconsideration levels that he was able to perform light duty work. We appealed the decisions and filed a hearing request. While his hearing request was pending, he made a successful attempt to return to work. At his hearing we amended his disability application to a “closed period” and submitted evidence of medical improvement. The judge found that he did not have the residual functional capacity to work during the closed period and awarded him benefits. Our office also handled the coordination of workers’ compensation benefits and Social Security disability benefits with the clients local Social Security office.

Our client was diagnosed with metastatic squamous cell carcinoma that required numerous skin grafts and reconstructive surgery that resulted in chronic pain and difficulty walking. We filed an original claim and contacted his local office and requested that his file be expedited and sent to Disability Determination Services (DDS) as soon as possible because he met Social Security Listing 13.03. We obtained and submitted all of his medical records to DDS within 30 days and his claim was approved in 52 days.

Our client suffered from degenerative disc disease in his lumbar and cervical spine that caused severe and chronic pain, insomnia, depression and anxiety that prevented him from working. We filed an original claim and a request for reconsideration both of which were denied, Disability Determination Services determined he was able to perform sedentary work. We filed a request for a hearing before an administrative law judge and after a review of all the evidence, our client’s testimony and our legal arguments the judge found that our client was limited to sedentary work but would be absent from work more than 2 days per month due to his chronic pain symptoms, which would not be tolerated by an employer, and found that he was disabled.

Our client was involved in a motorcycle accident that resulted in severe and permanent injuries, including a right arm amputation, chronic pain, insomnia, depression and anxiety that prevented him from working. We filed an original claim and a request for reconsideration, both of which were denied. Disability Determination Services determined that our client was able to perform sedentary work and lift up to 10 pounds and sit for most of the day and was therefore not disabled. We filed a request for a hearing before an administrative law judge and we also filed a request to expedite the hearing because our client received an eviction notice for non-payment of rent due to his inability to work. A hearing was scheduled shortly thereafter and a vocational expert testified at the hearing that based on all of our client’s functional limitations, there were no sedentary jobs in the local or national economy he could perform. The Judge found our client disabled and awarded him benefits.

Our client suffered a stroke after she experienced a vertebral artery dissection that resulted in severe and permanent functional limitations. Our office filed an original claim and request for reconsideration on her behalf and both were denied. Disability Determination Services determined that although she suffered from significant functional limitations as a result of her stroke, she could still perform light duty work that included walking up to 4 hours and sitting up to 6 hours in an 8-hour work day. We filed a request for a hearing before an administrative law judge and we also filed a request to expedite the hearing because our client was living in a shelter with her minor child due to her inability to work. A hearing was scheduled shortly thereafter and a vocational expert testified at the hearing that based on all of our client’s functional limitations, there were no sedentary jobs in the local or national economy she could perform. The judge found our client disabled and awarded him benefits.

Our client suffered a severe and traumatic impalement injury to his abdomen while repairing an engine at work and could no longer work due to his functional limitations. We filed an original claim on his behalf and gathered and submitted all of his medical records and confirmed the records were received by the Disability Determination Services. The claim was approved shortly after all of the medical records were submitted. Our office also handled the coordination of workers’ compensation benefits and Social Security Disability benefits with the client’s local Social Security office.

Our client was a passenger in a car that was struck in a head on collision by another car resulting in significant property damage. The driver of the vehicle that struck our client’s car was under the influence of alcohol. As a result of the collision, our client suffered a severe traumatic brain injury and was in a coma for 3 weeks. Our client also suffered from a fractured hip, fractured leg and chronic pain symptoms. We filed an original claim on behalf of our client and it was approved shortly after we submitted all of his medical records and a function report to Disability Determination Services.

Our client suffered from a “lump” in her left wrist that gradually grew more and more painful over a period of 10 years. A biopsy revealed the lump was a median nerve schwannoma. The tumor was surgically removed and she underwent physical therapy. Despite surgery and physical therapy, the client continued to experience chronic severe pain symptoms. The client underwent another surgery and additional physical therapy, neither of which relieved her pain symptoms. The client began to experience progressively worsening clawing of her left hand. She eventually lost all use of her left hand and arm. She developed insomnia and severe depression and was unable to work. The client filed an original claim and a request for reconsideration on her own with help from her family. Both claims were denied, Disability Determination Services determined that she was able to perform light duty work. She contacted our office to represent her regarding a hearing request. At the hearing, we argued she did not have the residual functional capacity to perform light duty or sedentary work and the vocational expert agreed, a fully favorable decision was issued by the judge.

Our client was working as a glazier installing a window when the ladder he was on collapsed causing him to fall and fracture his right fibula and tibia. Despite several surgeries and several rounds of physical therapy, he continued to experience severe pain symptoms and significant functional limitations. He was eventually diagnosed with CRPS and was unable to return to work due to his chronic pain symptoms and limitations. We filed an original claim and gathered and submitted all of his medical records and independent medical exams, he was awarded benefits shortly thereafter. Our office also handled the coordination of workers’ compensation benefits and Social Security disability benefits with the clients local Social Security office.

Our client was working as an electrician when he began to experience severe chest pain and weakness. EMS transported him to a local hospital where he was diagnosed with an aortic dissection and he underwent emergency surgery to repair the dissection. Despite the surgery and occupational therapy, he continued to experience severe fatigue and shortness of breath. We filed an original claim and request for reconsideration on his behalf, both of which were denied. Disability Determination Services determined he was able to perform light duty work despite his symptoms and functional limitations. We filed a request for a hearing and obtained several residual functional capacity assessments from his treating medical providers. The vocational expert at the hearing agreed that our client could not perform light duty work and that due to his symptoms and functional limitations, there were no jobs in the local or national economy that he could perform. The judge issued a fully favorable decision. Our office also handled the coordination of workers’ compensation benefits and Social Security disability benefits with the clients local Social Security office.

Our client suffered from autism spectrum disorder, obsessive compulsive disorder, insomnia and chronic fatigue since early childhood and had no prior work history and was therefore not insured for Social Security Disability Insurance (SSDI) benefits. She was also over the resource limit for Supplemental Security Insurance (SSI) benefits. We filed a disabled adult child (DAC) claim and submitted an application for child’s insurance benefits based on the earnings record of one of her parents who had recently retired. We gathered and submitted numerous medical records and treating medical provider statements to prove that our client’s disability began before age 22. The client was awarded DAC benefits shortly after the records and medical provider statements were submitted.