Articles Posted in Negligence

Zantac, a popular over-the-counter and prescription medication for heartburn, has been recalledIf you take Zantac or ranitidine, it is time to change your medication. On April 1st, the Food and Drug Administration (FDA) asked manufacturers to immediately withdraw all medication from the market. This is due to concerns it contains a chemical which could cause cancer.

You will no longer be able to purchase the medication over the counter or refill existing prescriptions, according to the FDA. The agency has recommended alternative medications which you can discuss with your physician. While this announcement may come as a surprise during the COVID 19 outbreak, many had anticipated this move after the FDA’s initial warning last September and the subsequent recall of Zantac, the popular brand name medication, in October. Many other manufacturers have also issued voluntary recalls over the past six months.

The FDA announced testing showed ranitidine contained the contaminant N-Nitrosodimethylamine, or NDMA, which is a probable human carcinogen. The agency said the decision was made on the “best available science.” NDMA is a known environmental containment which is already present in our surroundings. It is found in water, meat, dairy and vegetables, but at low levels is “not be expected to lead to an increase in the risk of cancer,” according to the FDA.

When testing ranitidine, the FDA said it did not observe unacceptable levels in many drug samples. But ultimately, the agency decided the drug should not be available to consumers unless the quality can be assured.

Specifically, testing found the NDMA levels in some products increased in rising temperatures, which may be involved in distribution and a patient’s handling of the drug. And as the ranitidine product aged, so did NDMA levels.

This new FDA announcement will impact many people and present challenges. Patients can usually remember their daily medications. But Zantac is typically a short-term medication which is available in many ways, over-the-counter, by prescription or in a hospital. Because of this, many people may recall suffering from heartburn or a stomach ulcer, but may not remember which medication they took. Another challenge is the medication was sold under many brand names.

If you used Zantac or ranitidine, then experienced cancer or other illness or symptoms, you may want to learn more to guide you in your future medical care. You may also have the right to seek financial compensation to pay for your medical bills and other losses. At Breakstone, White & Gluck, our Boston product liability lawyers are now reviewing cases for patients who may be affected by Zantac and ranitidine injuries. For a free no-obligation legal consultation, call (800) 379-1244 or (617) 723-7676.

Here are a few points to remember:

Look for product names of ranitidine medications

Zantac was widely used. According to USA Today, before recall, there were 15 million prescriptions of Zantac annually. The manufacturer was Sanofi.

However, ranitidine was also sold under other names. It was manufactured by Dr. Reddy’s Laboratories Ltd., which manufactured ranitidine products sold by Dr. Reddy, Kroger and Walgreens. Brand names included American Health Packaging, Glenmark Pharmaceuticals, Precision Dose, Appco Pharma, Sandoz Inc. (a division of Novartis) and Northwind Pharmaceuticals.

Talk to your doctor about your ranitidine use

If you are taking a medication for heartburn or ulcers, carefully read the product labeling to see if it contains ranitidine.

If you are taking a ranitidine medication, stop and contact your primary care physician. The FDA recommends patients take an alternative heartburn medication, such as Pepcid (famotidine), Tagamet (cimetidine), Nexium (esomeprazole), Prevacid (lansoprazole) or Prilosec (omeprazole). Discuss these with your physician. There have been no NDMA impurities found with these products, according to the April 1st announcement.

You may be thinking you don’t want to reach out to your doctor during the COVID-19 emergency, but this type of preventative step is important. You may have other medical conditions or other medications which you need to consider. Your doctor can advise you on how to take your medications safely.

Take care to safely dispose the medication

Due to the COVID 19 outbreak, the FDA is advising consumers to follow the disposal directions on packaging and dispose of medications at home, rather than a drug take-back location in your community.

Zantac lawsuits have already been  filed, with more expected

Patients have already filed Zantac lawsuits, alleging Sanofi, the manufacturer, failed to warn consumers that the medication contained NDMA and of potential risks. Our lawyers are advising and representing Massachusetts residents who may have been affected.

Free Legal Consultation – Breakstone, White & Gluck

With more than 100 years combined experience, Breakstone, White & Gluck represents those injured by defective products, including unsafe medication and defective medical devices in Massachusetts. If you have taken Zantac or another ranitidine medication subject to FDA action, you may have suffered illness and want to learn more about your legal rights.  You can find more information on Breakstone, White & Gluck’s web page on Zantac and ranitidine or contact our attorneys.

For a free legal consultation, call our Boston product liability lawyers at (800) 379-1244 or (617) 723-7676. You can also send a message through our contact form.

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Free Legal Consultation: 800-379-1244

Main: 617-723-7676

During the Coronavirus (COVID-19) outbreak, we want to assure you that Breakstone, White & Gluck is committed to providing uninterrupted service to all of our clients. We will be limiting staff in our Boston office while state and federal advisories are in place. But our attorneys are available by phone and email to our clients. We will continue to provide free legal consultation and case review by phone.

Please call us at 617-723-7676 or toll-free at 800-379-1244. You can also contact us through our website, www.bwglaw.com.

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Bicyclist riding in Boston

Safety reminders for drivers as cyclists return to the road in Boston.

In Boston, many cyclists take a winter break. As this nears an end, drivers should get ready to commute alongside cyclists again.

Drivers must remember that cyclists have the same rights and responsibilities as drivers. Here, we share a few safety tips for drivers from the National Highway Traffic Safety Administration (NHTSA):

  • Obey the speed limit. 
  • Drive defensively. Cyclists may need to leave their lane for safety reasons and may not give you much notice.
  • Yield to cyclists just as you would another motor vehicle. 
  • When turning right on a red light, check for cyclists to the right and behind you. Stop completely and look in both directions – left, right, left and behind.
  • Provide cyclists with adequate space. 
  • Pass cyclists with care. Do not pass too closely and only do so if you would pass a motor vehicle in the same situation.
  • Check before you pull out or back up in parking lots.
  • Check for cyclists when at stop signs. Expect that a cyclist may come up behind you while you wait for your turn to go.

Driving Safely Near Bicyclists in Massachusetts

Gone are the days when drivers rarely saw a cyclist on the road. It’s critical for drivers to be informed about their responsibilities near cyclists, particularly in intersections, and the potential for bicycle crashes.

As a driver, if you are near a bicyclist, the best approach is to slow down and give them room. Do not take your eyes off the cyclist or the road. Leave the bicycle lane for cyclists – this is the law in Massachusetts and if you neglect to follow it, you could hit a cyclist, causing serious injury and confusing other drivers. And this could lead to domino-effect collisions with other vehicles, cyclists or pedestrians in the area. 

Expect cyclists will be traveling in front of you, as well as behind you. In fact, they are more likely to be behind you, to the right (though they are allowed to travel in the center of the lane in Massachusetts if they need to). Checking your mirrors is essential, as is left-right-left and behind checking. This is true even after you park because cyclists could be riding by and by opening the door at the wrong time, you could cause a bicycle dooring injury.

Finally, remember cyclists may not be visible behind commercial trucks and other traffic. The cyclist may be out of your view, but just approaching the large vehicle behind you.

For more information, read our articles, “Facts About Bicycling Laws in Massachusetts,” or “Tips for Safe Bike Commuting in Boston.”  You can also visit the MassBike website, which explains more about cyclist and motorist responsibilities or the NHTSA web page on bicycle safety.

Free Legal Consultation – Boston Bicycle Accident Attorneys

Breakstone, White & Gluck has extensive experience handling personal injury cases involving bicycle injuries in Boston and across Massachusetts. After a bicycle accident, our attorneys are here to provide clients with thorough investigation and aggressive representation. We understand the stakes are high when you have been injured on a bicycle because medical bills can mount quickly and no one expects to suffer an injury. But we have attorneys who are experienced as lawyers and as cyclists. We are committed to partnering with our clients to obtain the best financial result in every case.

For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.

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March is Brain Injury Awareness Month in Massachusetts and across U.S.

March is Brain Injury Awareness Month. Take the opportunity to learn

Today, there is greater awareness around brain injuries. As a result, many people are treating brain injuries earlier and living healthier lives.

The Centers for Disease Control and Prevention (CDC) observes Brain Injury Awareness Month in March, to provide education about potential concussion symptoms, ongoing research and the needs of those living with a brain injury. This comes at the right time for families, as many children and teenagers plan to participate in spring sports.

Many brain injuries are caused by car accidents, falls or violence. But over the past decade, we have learned more about young children and student athletes suffering concussions on the sports field. In fact, from 2010 to 2016, nearly two million children were treated in emergency rooms for sports-related traumatic brain injuries (TBI), according to the CDC website. Sports associated with the highest number of ER visits: football, cycling, basketball, playground activities and soccer.

Among males 17 and younger, football was involved in 27 percent of all sports-related TBI visits to the ER, more than any other activity. In the same age group, females playing soccer, playground activities and basketball made the highest number of ER visits for TBI. Among children under 5, playground activity resulted in the most ER visits for TBI.

As we continue learning about injuries to children and student athletes, research continues to show older Americans are highly vulnerable to brain injuries. They are the most likely to be hospitalized for TBIs, according to the CDC.

At Breakstone, White & Gluck, our attorneys encourage you to look at the CDC website so you can be informed about the symptoms of traumatic brain injury and concussion. If you observe symptoms in yourself or your children, immediately call your doctor to be examined. Also guide older family members to medical treatment. This is paramount because a brain injury left untreated can result in long-term impairment or death. When someone receives immediate treatment, effective diagnosis and management early on is critical.

What is a Traumatic Brain Injury?

According to the CDC, a traumatic brain injury can be caused by a bump, blow or jolt to the head. There are traumatic brain injuries and mild traumatic brain injuries, which are often called concussions.

What are the Symptoms of a Traumatic Brain Injury?

Centers for Disease Control Concussion Symptoms Chart

Concussion Symptoms. Courtesy CDC Website

 

You may observe some of these symptoms immediately after someone sustains a brain injury. Or symptoms may not emerge for several days. It’s also important to note that not everyone experiences the same symptoms.

Symptoms include difficulty thinking, concentrating or remembering or feeling slowed down.

Physical symptoms may include headaches, nausea, vomiting or fatigue. Some people are sensitive to noise or light. Others have trouble balancing themselves.

When someone suffers a head injury, it’s common for their sleep to be disrupted. They may sleep more or less than normal. Another sign is having trouble falling asleep. More extreme emotions are another symptom. The person may be irritable, sad, more emotional or exhibit high anxiety and nervousness.

Younger children may exhibit some of the above symptoms, but parents should also watch for crying inconsolably, more temper tantrums or getting easily upset and having trouble keeping up with skills they are learning (toilet training for instance). They may also lack interest in their normal activities.

Sports-Related Concussions and TBI in Massachusetts

Be aware of how concussions happen. After a car accident or truck accident, always receive immediate medical attention to make sure you have not suffered a TBI. When an elderly relative slips or a child falls on the playground, check in with the doctor. Do this anytime you observe someone suffer from any type of physical impact to the head.

When you sign your child up to play a sport, ask the coaches for the concussion protocol. In Massachusetts, middle and high schools are required to have documented procedures regarding concussion injuries and prevention. Passed in 2010, M.G.L. c.111 § 222 requires parents and students to participate in concussion awareness training so they can recognize symptoms and receive early treatment. The law also requires students to be removed from play if they may have suffered a concussion. They can only return with medical clearance.

Under the law, public middle and high schools and those subject to Massachusetts Interscholastic Athletic Association (MIAA) regulations must have concussion protocols. Other sports leagues are not required under Massachusetts law, but they should all have a concussion policy on their website.

Final Note

  • At home, educate older children about TBI symptoms. Ask them questions when you sense something may be off and use the above chart to determine whether you may need to call the doctor.
  • Ask for concussion safety protocols at schools and daycare centers, and when children participate in sports leagues. Attend concussion trainings.
  • Watch younger children and older adults closely. Remember young children may not be able to communicate symptoms and pain with you and older adults may not recognize symptoms in themselves, especially if they have other medical conditions.
  • Recruit as many family members as you can in watching for signs in young children, teens and the elderly.
  • Visit some of the online resources below and share them with family members.

Concussion Prevention Resources for Families

Massachusetts Law on Concussion Prevention in Sports

105 CMR 201.00: Head injuries and concussions in extracurricular activities 

M.G.L. c. 111, § 222

Additional Resources

Heads Up to Brain Injury Awareness Training, CDC

TBI-Related Emergency Room Department Visits for Sports – and Recreation-Related Traumatic Brain Injuries Among Children in the U.S., 2010-2016

Facts About Concussion and Brain Injury – Where to Get Help, CDC (a resource for all ages)

Sports Related Concussions and Head Injuries, Mass.gov

Concussion Trainings, Massachusetts Department of Public Health

Returning to School After a Concussion, Mass.gov

About Breakstone, White & Gluck – Boston Personal Injury Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck of Boston is one of the most respected personal injury law firms in Massachusetts. Our attorneys represent individuals who have suffered traumatic brain injuries or mild traumatic brain injuries due to the negligence of another individual, organization or corporate entity.

If you have been injured, learn your legal rights for seeking financial compensation and obtaining medical care. For a free legal consultation, call Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or you can use our contact form.

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Driver and an older pedestrian at a Massachusetts crosswalk

Massachusetts state officials are working to improve safety for older pedestrians.

When the snow falls, Massachusetts becomes more treacherous for everyone who walks. Older pedestrians are particularly vulnerable.

Massachusetts now has more than one million residents who are 65 or older – or roughly 15 percent of our population, according to a recent report, “Risk Factors for Older Pedestrian Injuries and Fatalities in MA.” The report was prepared for the Massachusetts Department of Transportation (MassDOT) in August 2019.

As Massachusetts residents live longer, many are more likely to be out walking for health or transportation. The state report identifies common risks to older pedestrians:


Winter Months. Researchers studied 4,472 pedestrian crashes across Massachusetts between 2006 and 2015, reporting crashes involving older pedestrians peak at 5 p.m. and during the month of December. November and January are also high risk months for older pedestrians, as they navigate darker conditions. When snow and ice is not cleared, sidewalks, parking lots and driveways can also contribute to unsafe conditions, as do drivers who fail to look for pedestrians and stop at crosswalks.

Causes of Older Pedestrian Crashes. Drivers who caused older pedestrian crashes were often inattentive, failed to yield the right of way or had trouble with visibility.

Where Older Pedestrians Were Hit. Older pedestrians were often hit at crosswalks at intersections, where they should have safety protections.

Where Older Pedestrians Crashes Occur. Researchers found Cambridge, Fall River, Lynn and New Bedford among the the top communities for highest number of older pedestrian crashes and the highest per capita.

Changing Face of Pedestrian Accidents. Crash rates involving “younger old” pedestrians – those between age 55 and 74 – increased. Crash rates among older pedestrians (75 and older) remained consistent.

Community Health. Communities with higher rates of disability reported greater rates of older pedestrian crashes. These included the urban neighborhoods of Boston, Lawrence and Chelsea.

Community Amenities. Communities with a high number of cultural amenities within walking distance – such as libraries and fitness centers – had higher crash rates among older pedestrians.

Not Just Older Pedestrians in Massachusetts. This state report comes as pedestrian fatalities rise across the country. Last March, the Governors Highway Safety Association announced a 35 percent increase in pedestrian deaths from 10 years ago (Streets Blog). This was the highest number of pedestrian fatalities since 1990.

Nationally, research shows 48 percent of pedestrian fatalities involved victims 50 and older, according to the Massachusetts study. Meanwhile, Massachusetts reports half of all pedestrian fatalities involve a pedestrian 55 and older.


Report Recommendations

The state report recommends work to protect older pedestrians be tied in with the Governor’s Council to Address Aging in Massachusetts, which was established in 2017. Among other advisories, the state report also sought infrastructure improvements in certain communities and creation of a winter public awareness campaign aimed at protecting older pedestrians.


Our Safety Tips for Pedestrians During Winter

Wear Neon. Pedestrians can make themselves more visible to traffic by wearing neon colors and neon reflective tape. Consider buying neon jackets, vests, hats and gloves to stand out.

Our Safety Tips for Drivers During Winter

Stop at Crosswalks. Make eye contact with pedestrians at crosswalks. Stop as they cross.

Other Drivers. Stop if you are approaching a driver who has stopped for a pedestrian at a crosswalk. Allow the pedestrian to completely cross the street.

Avoid Night Driving At Times. If you are overtired or are having trouble seeing at night, don’t drive. Make an appointment to have a doctor check your vision. Wear your eyeglasses as prescribed when you drive.

Limit Alcohol Consumption. Never drive while intoxicated. Use the designated driver system.

Free Legal Consultation – Boston Personal Injury Lawyers

With over 100 years combined experience, Breakstone, White & Gluck has been consistently recognized for our results in personal injury cases in Massachusetts, including by Top 100 New England Super Lawyers and U.S. News Best Law Firms. If you or a loved one has been injured by someone’s negligence, it is in your best interests to consult an experienced personal injury lawyer. For a free legal consultation, contact our attorneys at 800-379-1244 or 617-723-7676 or use our contact form.

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Marc L. Breakstone, David W. White and Ronald E. Gluck founded Breakstone, White & Gluck in 1992. This year, our partners and our associate Reza Breakstone continued our practice, delivering superb and meaningful results to our clients in injury cases:

Attorney Marc L. Breakstone Interviewed About Lynnway Auto Auction Indictments

In March, Attorney Marc L. Breakstone was interviewed by WHDH TV about the criminal indictments returned against the Lynnway Auto Auction and its company president. Each was charged with five counts of manslaughter in the 2017 crash killing five people. Attorney Breakstone is representing one of the families who lost a loved one.


Attorney David W. White Interviewed by NBC Boston on E-Scooters

Attorney David W. White was interviewed by NBC Boston for a segment called, “Are You Protected in a Scooter Crash? Experts Say Read the Fine Print.”


Attorney Ronald E. Gluck Negotiates $1.6 Million Settlement for Client Who Suffered Concussion and Mild Traumatic Brain Injury

Attorney Ronald E. Gluck negotiated a $1.6 million settlement for a client who suffered a concussion and mild traumatic brain injury. Attorney Gluck discusses his work for clients in this area:


Project KidSafe and Community Outreach

david-dedham-1200-highlightsIn April, Breakstone, White & Gluck launched our 7th annual Project KidSafe campaign with a bike helmet giveaway at Framingham Earth Day. We recently concluded another successful year, donating more than 4,000 bicycle helmets to children across Massachusetts. To reach children and families, our firm partnered with more than 35 community organizations, including 12 police departments, schools and bicycle committees, along with MassBike and Massachusetts Safe Routes to School.

With this year’s donations, our attorneys have now given away more than 25,000 helmets, with a goal of protecting children on bicycles, preventing head injuries and saving lives.

As we made our last helmet donation of 2019, we were especially touched by kind words from Boston Police Commissioner William Gross:

Outside our Project KidSafe campaign, we supported many bar and community organizations, including the Massachusetts Bar Association and Massachusetts Academy of Trial Attorneys. In January, we supported and participated in the Equal Justice Coalition’s Walk on the Hill, when lawyers across the state advocate for increased state funding for civil legal aid.


Attorney Marc L. Breakstone Published in MATA Journal

In May, Attorney Marc Breakstone was published in the MATA Journal, with an article called, “Assessing bias in voir dire after ‘Williams.’


Attorney Ronald E. Gluck Successfully Resolves Mild Traumatic Brain Injury Case Caused by Heavy Snow Collapse

In May, Attorney Ronald E. Gluck announced he had successfully resolved a mild traumatic brain injury case for our client, who was injured when heavy snow collapsed from a commercial warehouse roof onto her vehicle.


Attorney Marc L. Breakstone Wins $1.1 Million Verdict in Rhode Island Case

In May, Attorney Marc L. Breakstone won a $1.1 million verdict for our client who was injured in a car accident.


Awards: Best Lawyers in America© 2020

In August, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for inclusion to the Best Lawyers in America© 2020. Our attorneys were recognized for their excellent work in personal injury, medical malpractice, professional malpractice and insurance law cases.


Attorney Marc L. Breakstone Reaches $2.15 Million Settlement in Fatal Crash Caused by Unsafe Parking Lot

In October, Attorney Marc L. Breakstone announced a $2.15 million settlement in a case where a car had accelerated onto a sidewalk at a strip mall and killed his client.


Awards: 2019 Super Lawyers

In October, Attorneys Marc L. Breakstone, David W. White and Ronald E. Gluck were all recognized in the 2019 Super Lawyers rankings. Our firm honors included Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and Massachusetts Super Lawyers recognition in the areas of personal injury and medical malpractice. Our attorneys were recognized for the 16th year.


Awards: Best Law Firms of America© 2020

In November, Breakstone, White & Gluck was recognized in the 2020 Edition of U.S. News – Best Lawyers “Best Law Firms.” Our firm received rankings as a Tier 1 Boston law firm in personal injury litigation representing plaintiffs and a Tier 1 Boston law firm in medical malpractice litigation representing plaintiffs.


Attorney Marc L. Breakstone Published in MATA Journal

In November, Marc L. Breakstone was published in the MATA Journal, with an article called, “Establishing Liability: Through the Defendant.”


Free Legal Consultation – Breakstone, White & Gluck – Personal Injury Lawyers

Breakstone, White & Gluck has more than 100 years combined experience representing clients in cases involving personal injury, wrongful death, medical malpractice, motor vehicle accidents, bicycle accidents, pedestrian accidents, head injuries, construction accidents, premises liability and product liability. If you or a loved one has been injured, contact our attorneys for a free legal consultation and learn your legal rights: 800-379-1244 or 617-723-7676. You can also use our contact form.

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It is our pleasure to announce that Super Lawyers has recognized Breakstone, White & Gluck in its 2019 rankings. This was the 16th year our attorneys have been recognized.

Marc L. BreakstoneMarc L. Breakstone has been selected to the Top 100 New England Super Lawyers, Top 100 Massachusetts Super Lawyers and the 2019 Massachusetts Super Lawyers list, recognized as a top-rated medical malpractice attorney in Boston.

DW-250David W. White has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. Attorney White has previously been selected to the Top 100 Massachusetts Super Lawers seven times and to the Top 100 New England Super Lawyers  three times.

Ronald E. GluckRonald E. Gluck has been selected to the 2019 Massachusetts Super Lawyers list, recognized as a top-rated personal injury attorney in Boston. 

Super Lawyers is a rating service which highlights outstanding lawyers from more than 70 practice areas. Selections are made using a multiphase process, including a statewide survey of lawyers, independent research and evaluation and peer reviews from within a practice area. 

Super Lawyers recognizes the top 5 percent of lawyers from that process. Another 2.5 percent of attorneys are selected to the Rising Stars list, which showcases talented attorneys under age 40. 

About Breakstone, White & Gluck
Over 100 Years Combined Experience in Personal Injury Plaintiff Representation
Breakstone, White & Gluck is respected across Massachusetts for our commitment to our clients and our results.  We have been representing plaintiffs in personal injury and medical malpractice cases as a firm since 1992. Each of our partners has over 30 years of experience.

Our firm is experienced in handling all types of personal injury cases, including those involving catastrophic accidents, wrongful death, motor vehicle accidents, product liability, premises liability, construction accidents, explosions, spinal cord injuries, head injuries and traumatic brain injuries. Our attorneys are regularly interviewed in the local media for their expertise in these specialties and Massachusetts insurance laws.

We have always been active in the Massachusetts legal community and are dedicated to sharing our knowledge with other attorneys through continuing legal education and professional organizations. Attorney Marc L. Breakstone and Attorney Ronald E. Gluck serve on the Board of Trustees for the Massachusetts Academy of Trial Attorneys (MATA), while Attorney David W. White is a past president of the Massachusetts Bar Association. We are also committed to giving back and working to prevent injuries. Through our Project KidSafe campaign, our attorneys have given away more than 25,000 free bicycle helmets to children across the state of Massachusetts. 

We invite you to visit our website to read about our work and watch testimonials from past clients.

Free Legal Consultation – Breakstone, White & Gluck

If you have been injured, you should speak to an experienced Boston personal injury lawyer and learn your legal rights for seeking financial compensation. For a free consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Attorney Marc L. Breakstone

Attorney Marc L. Breakstone was interviewed this past weekend about the civil and criminal cases against actor Kevin Spacey. Breakstone said the accuser’s decision to withdraw the civil lawsuit “with prejudice” is extremely significant.

“This will never be refiled,” Breakstone told The Boston Globe. “This claim is now extinguished for all time.”

The accuser, who is the son of former Boston television anchor Heather Unruh, just filed the civil lawsuit in Nantucket Superior Court on June 26. Breakstone said the withdrawal of the civil lawsuit could mean Spacey has reached a settlement with the accuser. If there is such an agreement, Breakstone said, there will likely be confidentially requirement to keep the details private and out of public view.

Spacey and his legal team are scheduled to return to Nantucket District Court this morning for a hearing in the criminal case. Breakstone said withdrawal of the civil lawsuit could jeopardize the criminal proceedings, but prosecutors interviewed by The Boston Globe insisted the civil case will not affect the criminal proceedings.

Kevin Spacey is a two-time Oscar winner best known for his role on “House of Cards,” a Netflix production. He played the character of Frank Underwood from 2013 through 2017, when he was charged with indecent assault and battery in Nantucket. Netflix kept producing the show, but cut ties with Spacey.

Spacey is accused of indecent assault and battery on Unruh’s son in July 2016 at Nantucket’s Club Car Restaurant.

About Breakstone, White & Gluck

The Boston personal injury lawyers at Breakstone, White & Gluck have over 100 years combined experience representing those injured by the negligence and wrongdoing of others. If you have been injured, learn your rights. For a free legal consultation, 800-379-1244 or 617-723-7676. You can also use our contact form.

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Attorney Marc Breakstone commented as a legal expert in a Boston Globe article this week on Worcester Polytechnical Institute’s (WPI) response to a negligence lawsuit, brought by a former student who was raped while studying abroad. The college responded that the student was partially responsible.

“It’s a strategy that, frankly, often backfires in trial because the jury gets incensed,” Attorney Breakstone said.

This is a comparative negligence argument. This is traditionally an argument defense lawyers try and make for slip-and-fall cases or other accidents. In these cases, juries are left to assign a percentage of blame on the defendant and the plaintiff. In this case, Attorney Breakstone called the use, “repugnant.”