Massachusetts Injury Lawyer Blog

For the fifth year in a row, all of the lawyers in our Boston law firm have earned top rankings as Super Lawyers in New England. The rankings of the best attorneys in the region were posted in the New England edition of Super Lawyers 2009, published by Boston Magazine.

Marc L. Breakstone earned recognition as one of New England's top 100 lawyers, and again as a Super Lawyer in representing plaintiffs in medical malpractice cases.

Ronald E. Gluck was again recognized as a Super Lawyer for his achievement as one of New England's top plaintiff's personal injury lawyers.

David W. White again achieved recognition as one of New England's top 100 lawyers, and again as a top plaintiff's personal injury lawyer.

The top lawyers in New England earn these recognitions as a result of an extensive polling process among their peers, as well as a check on ethical standing, and other factors.

To learn more about the types of cases we handle, including medical malpractice, wrongful death, and other personal injury cases, please visit our website.

Breakstone, White & Gluck partner David White testified at the Massachusetts State House on June 10, 2009 in support of changing Massachusetts laws to provide more treatment to non-violent drug offenders. White spoke in support of House Bill 1962, sponsored by Martin Walsh of Dorchester. Walsh's bill would offer diversion to drug addicted individuals who had been arrested for non-violent crimes. The programs which would be expanded would allow more individuals to obtain treatment instead of incarceration.

White was the president of the Massachusetts Bar Association from 2007 to 2008, and formed the MBA Drug Policy Task Force. The Task Force is making recommendations for reforming drug treatment and sentencing policies. Policy changes would save the taxpayers money, reduce the rate of crime, and help rebuild families and communities.

For more coverage of the story:

Ex-bar head: Public favors treatment over jail for addicts, Boston Herald, June 10, 2009.

As the budget crisis forces deep cuts in state spending, and as economic pressures are driving more and more people from their jobs and their homes, the need could never be greater for a fully funded Massachusetts Legal Assistance Corporation (MLAC). That point was strongly made when over 800 lawyers from around Massachusetts filled the State House to lobby their state representatives and senators during the annual Walk to the Hill for Civil Legal Aid.

The message was a simple one: Keep the funding for MLAC the same as last year, a total of $11,070.424. The budget allocation funds programs for general legal support, battered women's legal assistance, disability benefits advocacy, and Medicare advocacy.

These investments more than pay for themselves. The programs help unlock Federal funding for individuals entitled to disability and Medicare benefits. They help battered women when they are facing their deepest crises. And they help people with the full range of everyday problems, the greatest of which is staying in their apartments or house when they are facing improper eviction or foreclosure.

In a word, the programs work. They are the proverbial "ounce of prevention" which save many millions more if people are unable to get medical care, benefits, or proper housing.

Level funding for MLAC is a reasonable request, even in this year of fiscal restraint. Other programs which support MLAC, such as the Interest on Lawyers' Trust Accounts (IOLTA) are providing less funding, due to the fact that interest rates are so low. Even with just level funding, MLAC will be forced to cut back some programs.

The lawyers at Breakstone, White and Gluck strongly support the funding of MLAC. Present during the Walk to the Hill were attorneys Marc Breakstone and David White (pictured above), who paid visits to their state senators and representatives, all of whom pledged their support for civil legal aid.

What You Can Do: Keep an eye on the budget this year. The Governor's budget proposal is due out this week. Contact your state senator and state representative and ask him or her to support level funding for Massachusetts Legal Assistance Corporation in Fiscal Year 2010.

For more information, complete the contact form on the right, or contact the organizations below.

More Information

Massachusetts Legal Assistance Corporation, 617-367-8544
Equal Justice Coalition, 617-391-5633

A Suffolk Superior Court jury today awarded $3.98 million to a South End woman who was run over by an MBTA bus on September 13, 2005. The verdict, with interest, will result in a judgment over $5.4 million for Rita Traybman, who lost her right leg when it was crushed by the bus. She was run over while crossing the street in a crosswalk.

The verdict is believed to be one of the largest ever in Massachusetts for an injury of this kind.

Ms. Traybman's lawyer, Boston attorney Marc L. Breakstone, who has handled several bus accident and train accident cases against the MBTA, said, "This verdict will help Ms. Traybman cope with the terrible injuries she sustained. She will be able to obtain appropriate housing and medical care for her life-long disability."  Mr. Breakstone is a member of the personal injury law firm Breakstone, White & Gluck, PC, in Boston, MA.

The incident occurred when Ms. Traybman was struck from behind in the crosswalk at the corner of Washington Street and East Newton Street in Boston. The 58-year-old woman was crossing the street with the "Walk" signal when she was struck.

Mr. Breakstone explained, "Ms. Traybman suffered the loss of her right leg and she continues to suffer daily from extreme pain known as phantom limb pain. Her disabilities make her dependent on others for much of her basic care."

Plaintiff presented evidence at trial that the bus driver failed to check for pedestrians in the crosswalk, and that he made an improper turn in violation of MBTA guidelines. The jury found that the bus driver was 100% at fault for the injuries sustained by the plaintiff.

Plaintiff also presented evidence that she would need continuing care to make her apartment more wheelchair accessible, and to provide for the care she needs around the clock. Ms. Traybman suffers not only from the phantom limb pain, but from pain in her shoulders and elbows which further impair her mobility.

Prior to trial the MBTA made no offer of settlement, despite the fact that its driver admitted the accident was his fault; despite the fact that the MBTA police and internal investigations also confirmed the accident was the driver's fault; and despite the severe injuries sustained by the plaintiff. Instead, the MBTA forced the case to trial.

Ms. Traybman immigrated to the United States from Ukraine and lived independently prior to the accident.

Mr. Breakstone had previously thanked the Suffolk County jury, which heard nine days of testimony and deliberated for two days. 

Listen to the WBZ 1030 podcast interview with Marc Breakstone.

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The law firm of Breakstone, White & Gluck, PC, specializes in the representation of injured persons, including pedestrians who have suffered personal injuries.

The Massachusetts Medical Society has published a report suggesting that doctors in Massachusetts are ordering thousands of tests as a result of "defensive medicine." As a result, the Society argues, health care costs in Massachusetts are increasing unnecessarily. The Society also argues that in order to trim these rising costs, medical malpractice reforms are necessary.

These claims have, of course, been made before. For over twenty years doctors have been claiming that malpractice claims have driven them to excessive testing. However, independent analysis in 2004 at the Congressional Budget Office found the evidence that defensive medicine was contributing to soaring insurance costs to be "weak and inconclusive." And, as Marc Breakstone, a member of the firm of Boston medical malpractice firm of Breakstone, White & Gluck, PC, pointed out in the Boston Globe today, managed care and utilization review reduce medically unnecessary tests.

Ronald Gluck, another member of the Massachusetts malpractice firm, Breakstone, White & Gluck, P.C., explained to the National Law Journal that there were serious questions about the survey data. He also pointed out that many tests must be approved by insurance companies, which help reduce unnecessary testing.

There are, of course, other sides to this story. Physicians who order more tests may be increasing their own revenues by billing for the tests.  And hopefully, the extra testing has some benefit for patients, who can be reassured when conditions are actually ruled out.

The claims of the Medical Society are quite stark. They report that 83% of the doctors they surveyed reported practicing some level of defensive medicine. The report also indicates 18-28% of tests and procedures, and 13% of hospitalizations were ordered to avoid lawsuits. 

Continue reading "Is Defensive Medicine Driven by Fears of Medical Malpractice in Massachusetts?" »

All four attorneys in the Boston personal injury firm of Breakstone, White & Gluck were again recognized in the annual Best of Boston Magazine's Massachusetts Super Lawyer edition. We are pleased to share the news that Marc Breakstone, Ronald Gluck and David White were all recognized as Super Lawyers in various personal injury fields, and Heather Engman was recognized as a Rising Star. Recognition was also given in the New England edition.

The recognitions from Boston Magazine are not the first for our firm. All of the attorneys have achieved Super Lawyer or Rising Star recognitions in the past, and the firm has garnered other awards and recognition. Please visit our website, and our personal injury lawyers pages, for more information about our Boston personal injury law firm.

Read the full story on the Firm News page of our personal injury web site.