Verdicts & Settlements
10-28-2009 |
PHARMACY LAW CE SESSIONS NOVEMBER 2009
Dear Pharmacist:
With this cover letter are seven separate two hour pharmacy law CE sessions to be held in November 2009. Please note that the two hour time interval for each session is different, ranging from 7:00 a.m. to 9:00 p.m. Be sure to calendar the correct date and time. If a session fills up, we will take your name. Additional sessions may be added during the month of December to make certain everyone who needs law CE credits will have them before the end of the year. Click on READ MORE below and download the CE sessions to see what is available. Please feel free to e-mail me directly if you have any questions or requests relative to pharmacy law continuing education credits. Also, I want to know your preferences relative to future format, topic and time.
CASE UPDATE: I am pleased to report that the $2 million verdict awarded to pharmacist Cynthia Haddad against Wal-Mart was affirmed by the Massachusetts Supreme Judicial Court in a decision dated October 5, 2009. The award includes $733,000 in front pay damages and $1,000,000 in punitive damages for Wal-Mart’s outrageous conduct in wrongfully terminating pharmacist Haddad. This case began in April 2004 and hopefully will now end in October 2009. As lead counsel throughout the case, this verdict represents the pinnacle of my legal-pharmacy career to date. More importantly, the victory represents justice for Cindy Haddad and her husband, Bill Haddad. Read the entire Supreme Court opinion on my website at Verdicts & Settlements and download the attachment on the related story dated 10-5-09.
Feel free to contact me at any time should you need legal advice. In my practice, I value pharmacists and any pharmacy related clients. For example, in the Haddad matter, three non-pharmacist lawyers turned the case down because the amount in controversy (less than $2,000 in unpaid wages) did not justify taking on the largest private employer in the world.
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10-05-2009 |
$2 MILLION PHARMACIST VERDICT AFFIRMED BY MA SUPREME JUDICIAL COURT
OCTOBER 5, 2009 UPDATE! MASSACHUSETTS SUPREME JUDICIAL COURT UNANIMOUSLY AFFIRMS $1 MILLION IN PUNITIVE DAMAGES AND $733,000 IN FRONT PAY DAMAGES TO PHARMACIST CINDY HADDAD. THERE IS JUSTICE!!! CONGRATULATIONS CINDY!
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12-03-2008 |
Attorney Fradette Wins Legal Malpractice Settlement For Business Client.
Legal Malpractice – Financial Damages. This case involved a small closely held company in a niche telecommunication industry. The company hired a Massachusetts law firm that advertised itself as expert in business and bankruptcy matters. A senior partner with extensive experience in Chapter 11 bankruptcy proceedings accepted the case and then immediately assigned it to a one year associate with limited experience. The client company sought to acquire the assets (primarily executory contracts and/or leases) of another telecommunication company. The young associate was unaware of a statutory requirement and neglected to make certain the assets were affirmed by the trustee or otherwise protected within the 60 days of converting from Chapter 11 to Chapter 7. As a result, the assets were not able to be sold by the trustee and instead remained encumbered by creditors in any subsequent transfer. The value of the assets were estimated to be between $1 million and $24 million. The case settled after suit but prior to trial in a confidential amount.
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11-20-2008 |
Attorney Fradette Wins $1.8 Million Verdict Against Dartmouth Hitchcock Clinic In Concord, N.H.
A 78 year old male diagnosed with coronary artery disease underwent triple coronary artery bypass surgery on March 7, 2001. The surgery was successful. Within 65 hours of discharge, the patient suffered a massive right hemispheric stroke causing serious left sided deficits. Plaintiffs proved that the patient was discharged too soon following the surgery, without proper anticoagulation, and without a monitor to ascertain whether he remained in sinus rhythm or reverted to atrial fibrillation.
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11-20-2008 |
Attorney Fradette Wins $2 Million Verdict For Pharmacist Against Wal-Mart.
OCTOBER 5, 2009 UPDATE! MASSACHUSETTS SUPREME JUDICIAL COURT UNANIMOUSLY AFFIRMS $1 MILLION IN PUNITIVE DAMAGES AND $733,000 IN FRONT PAY DAMAGES TO PHARMACIST HADDAD. THERE IS JUSTICE!!! CONGRATULATIONS CINDY!
Pharmacist Cindy Haddad alleged that Wal-Mart (WM) discriminated against her in wages and enforcement of WM policies (as compared to male pharmacy managers) and wrongfully terminated her under the pretext of having violated an ambiguous WM policy. WM fired Cindy, a 10 year dedicated employee, after a 45 minute “investigation” conducted by a non-pharmacist District Manager who had been promoted to the position just two weeks earlier and who had no experience whatsoever in the practice of pharmacy. Cindy is grateful to the jury. WM should be too…the jury could have reasonably awarded more!
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11-20-2008 |
Attorney Fradette Wins $25,037.06 Defamation Verdict For Medicine World Pharmacy in Nashua, NH
This case involved a pharmacist filling prescriptions for patients who were members of Mathew Thornton Health Plan and then submitting claims to MTHP for payment. MTHP denied the claims and sent a letter to each customer stating that Medicine World Pharmacy had “unlawfully” filled their prescriptions. We claimed this was untrue and was damaging to Medicine World's reputation. The only provable “damage” was the $37.06 that the pharmacy was out-of-pocket for the cost of the medication. The jury awarded $25,037.06 and Medicine World made its point!
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11-20-2008 |
Attorney Fradette Wins $375,000 Verdict Against CMC Hospital In Manchester, N.H.
A male phlebotomist attempting to draw blood from a patient in the ER at CMC hospital was deliberately stuck by the needle being used in the procedure. The patient was HIV and Hep C positive, so this presented a serious threat to the phlebotomist's health. The phlebotomist was terminated shortly after hiring Attorney Fradette to investigate whether a claim could be brought on his behalf. Attorney Fradette developed a case proving that the CMC nursing staff did not adequately warn and assist the phlebotomist so as to avoid the incident. CMC defended its nursing staff asserting that it had no obligation to warn or assist.
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11-20-2008 |
Attorney Fradette Wins $480,000 Verdict In Manchester, N.H.
This case involved claims for wrongful termination, violation of the Family and Medical Leave Act and disability discrimination pursuant to RSA 354-A. Cheryl Sweeney was employed as a Purchasing Clerk/Junior Buyer for Granite State Manufacturing (“GSM”) from January of 1999 until August 8, 2001. She was terminated in a 10 person Reduction In Force from this 100 employee company. Cheryl was a Type I insulin-dependent "brittle" diabetic. Just months prior to her termination, she was scheduled for a kidney transplant.
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