Articles Posted in Wrongful Death

Best Lawyers Best Law Firms Tier 1 rating for Breakstone, White & Gluck.

Breakstone, White & Gluck was recognized with a 2019 Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

We are pleased to announce that Breakstone, White & Gluck of Boston has received a Tier 1 ranking from the U.S. News – Best Lawyers® 2019 edition of “Best Law Firms.” The firm received the Tier 1 ranking in the specialty of personal injury litigation for plaintiffs in Boston.

Breakstone, White & Gluck and our attorneys have been selected for U.S. News – Best Lawyers® and “Best Law Firms” rankings this year and in the past. In this year’s Best Lawyers ratings, Marc L. Breakstone, David W. White and Ronald E. Gluck were selected for individual recognition in various areas of our practice, including personal injury litigation – plaintiffs, insurance law, medical malpractice and professional malpractice.

The “Best Law Firms” rankings are based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from other attorneys and other information provided by law firms.

Breakstone, White & Gluck is a top-rated Boston personal injury law firm with over 100 years combined experience and record-setting awards and settlements. Across Massachusetts and New England, our lawyers are known for our unwavering commitment to reach the best financial outcome for every client. We have earned recognition from “Best Law Firms” and Best Lawyers, along with Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers. Our attorneys hold top professional and ethical ratings from Martindale-Hubbell.

Our Attorneys

Attorney Marc L. Breakstone, a Boston personal injury lawyer and medical malpractice lawyer

Attorney Marc L. Breakstone

Attorney David W. White, a Boston personal injury lawyer

Attorney David W. White

Attorney Ronald E. Gluck, a Boston personal injury lawyer

Attorney Ronald E. Gluck

Attorney Reza Breakstone, a Boston personal injury lawyer

Attorney Reza Breakstone

Our Practice
Our firm specializes in personal injury and medical malpractice cases, including those involving catastrophic injuries and traumatic brain injury, including:

Free Legal Consultation
Boston Personal Injury Lawyers – Worcester Personal Injury Lawyers
If you have been injured, it is important to consult an experienced Boston personal injury lawyer or Worcester personal injury lawyer to learn your rights. You may have the right to obtain financial compensation for your injuries. Our attorneys represent those injured across Massachusetts, including in Boston, Waltham, Framingham, Cape Cod, Brockton, Plymouth, Worcester, the North Shore, the South Shore and Western Massachusetts.

For a free legal consultation, call our firm at 800-379-1244 or 617-723-7676 or use our contact form.

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deveau

Television news coverage showing Kenneth Deveau in a stretcher at a North Andover shelter after he was evacuated during the Columbia Gas explosions in Merrimack Valley.

Attorney Marc L. Breakstone has confirmed to the media that Columbia Gas and parent company NiSource will face a second wrongful death lawsuit following the Merrimack Valley gas explosions. Attorney Breakstone is representing the family of the late Kenneth DeVeau of North Andover, who suffered cardiac arrest and slipped into a coma after the Sept. 13th explosions. DeVeau, 57, suffered from illnesses such as Myotonic Dystrophy and a weakened heart, and had limited mobility due to a chronic neurological condition. DeVeau suffered the heart attack and injuries at an evacuation center. He was then transported to Lawrence General Hospital, where he briefly regained consciousness. He died from complications on Sept. 26.

Attorney Breakstone said the family has not yet filed the wrongful death lawsuit. They will do so once DeVeau’s sister is appointed the personal representative of his estate.

NiSource disclosed the second wrongful death claim yesterday when it filed its quarterly financial disclosures with the SEC. The company noted two parties had reported their intent to assert wrongful death claims after the Columbia Gas explosions in Merrimack Valley. Prior to this, only the family of 18-year-old Leonel Rondon had announced its intention.

News coverage:

Family of late North Andover man says he suffered cardiac arrest, slipped into coma after Merrimack Valley evacuations, Boston Globe, Nov. 2, 2018

Family says 2nd death linked to Merrimack Valley gas explosions, WCVB, Nov. 2, 2018

Second Family Plans Wrongful Death Suit Against Columbia Gas And NiSource, WGBH, Nov. 2, 2018

Second wrongful death lawsuit to be filed against Columbia Gas, Lawrence Eagle Tribune, Nov. 2, 2018

Family of man who died in aftermath of gas blasts plans suit, San Francisco Chronicle, Nov. 2, 2018 

WBZ Radio Coverage: Attorney Marc Breakstone Interviewed, Nov. 2, 2018

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Residents will spend weeks, months and even years recovering from the Lawrence, North Andover and Andover gas explosions. And throughout New England, many are also asking: are we safe in our homes?

If your family has been affected by the Columbia Gas explosions or fires, we can assist you. Please call us at 800-379-1244.

On Sept. 13th, natural gas explosions and fires erupted in the three Merrimack Valley communities. At least 70 blazes in all, causing devastation, dozens of injuries and one death.

Boston is in the middle of a mighty building boom, with no sign of a slowdown ahead. As new condos, college dorms and office buildings go up, the companies making a financial profit must protect construction workers.

Workers are not always protected. As ribbons are cut on new buildings, the number of workers killed on the job stands at a 10-year high in Massachusetts, according to MassCOSH. During the past month, construction accidents have injured two workers and killed one in the Boston area.

A 56-year-old Seekonk man was found dead last week at the Wynn Boston Harbor resort in Everett. According to WBZ, the worker was in the cab of an excavator, taking apart a trench box when he was struck. The cause of the impact was not reported and the accident remains under investigation by the Occupational Safety and Health Administration (OSHA). The man worked for J. Derenzo Companies of Brockton. The company is a subcontractor of Suffolk Construction of Boston, which is building the casino.

The Boston Globe reported that OSHA has conducted previous inspections at the Wynn construction site. One involved an employee who was hit by an excavator bucket. Another worker was injured when he fell down a shaft. A third employee was injured by a scissor lift.

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Truck on Boston highwayLarge trucks are a stress for many Massachusetts drivers, especially on busy routes like the Mass Pike. The most challenging situations are when a truck comes up behind you or when one tries to pass you.

There were nearly 415,000 truck crashes in the U.S. in 2015, injuring more than 116,000 people and killing more than 4,060, according to the Federal Motor Carrier Safety Administration.

As phones, cars, drones and apps all make our world smarter and faster, the trucking industry must get smarter too. Let’s be clear: We are not advocating for self-driving trucks, but tools that increase video monitoring, expand the driver’s visibility and provide error warnings are all going to help improve safety.

Boy at a crosswalk, holding a grown-ups' handAs we approach summer, the message for Massachusetts drivers is to please slow down. Last month, in a matter of days, several car accidents seriously injured or killed pedestrians, some in crosswalks.

On May 19, just after 7 a.m., an Acton 8th grader was struck by a van in a crosswalk at the intersection of Main Street and Hayward Road. She suffered serious injuries, leaving the scene by medical helicopter.

On May 22, a minivan crashed into two elderly women in Sandwich. The women, ages 70 and 88, went into cardiac arrest and later died at Cape Cod Hospital. At the time of impact, the women were in the crosswalk at the intersection of Route 6A and Merchants Road.

Attorney David W. White of Breakstone, White & Gluck in BostonThe Metro news website interviewed Attorney David W. White and other legal experts in the wake of Aaron Hernandez’ suicide at Souza Baranowski Correctional Center in Shirley, Massachusetts this week. Hernandez, a former New England Patriot who once received a $40 million contract extension for five years, had been serving a life sentence in the 2013 murder of Odin Lloyd. As prosecutors prepared the Odin Lloyd case, they also charged Hernandez with a double murder in Boston in 2012. Hernandez was acquitted on the Boston murder charges just last week in Suffolk Superior Court. As he headed back to prison, his lawyer spoke about hopes for appealing the Odin Lloyd conviction and seeing Hernandez walk free someday.

But Hernandez apparently had no plans for appeal. Come Wednesday morning, he was found hanging from a bed sheet in his cell at the Shirley prison. The state medical examiner concluded the cause of death was suicide by asphyxia from hanging. The football player’s brain will be sent to Boston University researchers who are studying CTE, or Chronic Traumatic Encephalopathy, a progressive degenerative disease of the brain which can only be diagnosed after death. It has been found in other football players.

The suicide changes everything for Odin Lloyd’s family, who was pursuing a wrongful death lawsuit against Hernandez.

During a 2015 trial, Hernandez had been convicted of the first degree murder of Lloyd. Hernandez had an automatic right to appeal to the state’s highest court, the Supreme Judicial Court, but had not completed that appeal. Massachusetts follows a legal doctrine known as abatement ab inito. If someone dies after a conviction but before their appeal is complete, the person’s legal records and convictions are null and void.

“Now that the conviction will be vacated, the family of Odin Lloyd has lost their collateral estoppel claim and they will have to start from scratch to prove he is guilty,” White said in the Metro interview.

Hernandez appeared to have a bright future with the Patriots, then came June 26, 2013. Police arrested him at his North Attleborough home in connection with the murder of Odin Lloyd, a semi-professional football player who had been dating the sister of Hernandez’ fiancee. Less than two hours later, Hernandez was released by the New England Patriots, who had signed him to the $40 million five-year contract extension the previous summer. The contract included a $12.5 million signing bonus. On August 27, 2012, The Boston Globe predicted, “The Patriots are going to have the tight end of duo of Rob Gronkowski and Aaron Hernandez at least through the 2018 season.”

Read the article in the Metro (April 19, 2017).

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hoverboardWe saw the worst that can happen last week in Harrisburg, PA when a hoverboard caught on fire in a family’s home, claiming the life of a three-year-old child.

The hoverboard reportedly ignited while charging, destroying the home. The three-year-old girl died at a local hospital and two other girls were left in critical condition. The girl’s father and a teenage boy were treated for smoke inhalation.

This tragedy was compounded by another death; a local firefighter was reportedly killed in a motor vehicle accident while driving to the fire, the victim of an alleged drunk driver who now faces charges.

Driving on U.S. roads became more dangerous in 2016. Preliminary data from the National Safety Council shows more than 40,000 people died in motor vehicle crashes last year, a 6 percent increase from 2015.

  • This was the first year more than 40,000 people have died in traffic accidents since 2007.
  • According to The New York Times, 2015 and 2016 saw a 14 percent increase in traffic deaths, the largest two-year increase in more than half a century.

17842197_m.jpgA woman died tragically this morning on the Southeast Expressway heading southbound, when a manhole cover became dislodged, went airborne, struck the front windshield and exited the rear windshield. She was killed instantly. The incident occurred in the Thomas P. O’Neill Junior Tunnel just before the southbound end of the tunnel.

The woman’s vehicle came to a rest in the left-hand lane of the Southeast Expressway, a short distance from the Massachusetts Avenue exit, with large gaping holes in the front and rear windshields. A state police spokesperson commented that the cause of the manhole cover to become dislodged is under investigation.

The focus of the State Police investigation will be what caused the manhole cover to become a projectile which killed this unsuspecting driver. Manhole covers, when properly installed and maintained, should remain in place. It needs to be determined whether any work had been done recently on or around this manhole.