In the News

SUPERIOR COURT JUDGE REJECTS DOCTOR'S CLAIM FOR IMMUNITY FROM MEDICAL MALPRACTICE AND CIVIL RIGHTS VIOLATIONS

Boston, MA—June 20, 2016, The KJC Law Firm is pleased to announce another stunning victory and land-mark decision! In the case of Justina Pelletier v. Alice Newton, M.D., et., al. a Suffolk County Superior Court Judge has rejected Dr. Newton's claim that she has immunity from civil prosecution for medical malpractice and civil rights violations as alleged by Justina Pelletier and her parents because she was a mandated reporter of suspected child abuse. Dr. Newton had reported that Justina may have been a victim of abuse in 2013, a claim that was never corroborated.

KJC Law Firm was able to convince the judge that the claims against Dr. Newton are not within the scope of immunity granted by the legislature to mandated reporters. This is a land-mark decision locally and nationally in the fight for parents' and children's rights.

This is just the first step in a long battle and Dr. Newton will have more opportunities in the future to ask the Court to dismiss the case.

The case will now proceed to a Medical Malpractice Tribunal in which KJC Law Firm will be required to prove to a specialized panel comprised of a lawyer, doctor, and judge that the case against Dr. Newton has merit.

You can read more about Justina Pelletier and her lawsuit here:  Parents of Justina Pelletier sue Boston Children’s Hospital


PROVIDENCE JURY FINDS THAT CITY FAILED TO PROTECT FEMALE FIREFIGHTER FROM SEXUAL HARASSMENT

Boston, MA—April 19, 2016, A federal jury in Providence, RI returned a verdict against The City of Providence for failing to protect a lesbian firefighter from harassment and retaliation. 

Lori Franchina, a Rescue Lieutenant, testified that she was exposed to profanity based on her gender and sexual orientation on a daily basis after a male firefighter was terminated for sexually harassing her. In a campaign of retaliation that lasted for over three years Lt. Franchina testified that male firefighters contaminated her food to make her ill, excluded her from group meals, and refused to follow her orders on emergency scenes, placing herself and the public at risk. Franchina was awarded a restraining order against a male firefighter by a Rhode Island Superior Court judge in 2009. That firefighter was never disciplined. In explosive testimony, the Equal Employment Opportunity Officer for the city testified that a Chief of the Department misled her to believe that disciplinary charges had been brought against her assailant and another male officer who was present and refused to intervene when, in fact, no charges were brought against either of the men. In another instance, a male firefighter intentionally snapped his prophylactic glove into her face causing blood and brain matter to enter her eyes, mouth, and nose.  The city’s EEO officer testified that she has no support staff and is not provided with the resources needed to do her job to the best of her ability. A psychologist and psychiatrist testified that her “torture” at work caused her to develop PTSD.

The jury awarded Lt. Franchina $545,000.00 in front pay, $161,000.00 for emotional distress, and $100,000.00 in punitive damages.

Here are some links to news stories regarding Lori's case:

Lesbian ex-firefighter awarded $806,000 in sexual harassment lawsuit

Lesbian ex-firefighter wins $800,000 in harassment lawsuit claiming a firefighter intentionally sprayed human brain matter and blood in her face

NBC 10 I-Team: Female firefighter awarded $800K in sexual harassment suit

Providence firefighter wins sexual harassment suit against department

In gender discrimination case, jury awards Providence firefighter $806K


JUSTINA PELLETIER PRESS CONFERENCE, MASSACHUSETTS STATE HOUSE

Boston, MA-February 25, 2016. Lou, Linda, and Justina Pelletier, who are represented by KJC Law Firm, and who ignited national debate and a media firestorm when Justina was, at age fourteen, wrongfully taken from her family by Boston Children’s Hospital and officials from the Commonwealth of Massachusetts, have served a 35 page complaint on Boston Children’s Hospital.

The law suit alleges that Alice Newton, M.D., Jurriaan Peters, M.D. and Simona Bujourneau, M.D. committed medical malpractice and violated Justina’s and her parents’ civil rights when they sought to have her parents’ custody rights terminated after the parents refused to agree to Children’s Hospital’s radical ‘treatment plan’ for their child.

Here are some links to news stories regarding Justina’s case:

https://www.bostonglobe.com/metro/2016/02/25/parents-justina-pelletier-sue-boston-children-hospital-for-negligence/jCrlgTQBVikJtokEnlFBmN/story.html

http://news.yahoo.com/family-teen-medical-custody-dispute-sues-hospital-192421586.html

http://bigstory.ap.org/article/bf5a4e41de874997ae5121028df29dcb/family-teen-medical-custody-dispute-sues-hospital

http://www.foxnews.com/us/2016/02/25/justina-pelletiers-family-to-sue-boston-hospital-after-long-custody-fight.html

http://www.myfoxboston.com/news/family-of-justina-pelletier-announces-lawsuit-against-boston-childrens-hospital/112745822

http://www.boston.com/news/2016/02/25/family-justina-pelletier-sues-boston-children-hospital/IO8piSdPhUKV4FeCw0viBO/story.html

http://boston.cbslocal.com/2016/02/25/justina-pelletier-lawsuit-boston-childrens-hospital/

http://www.whdh.com/story/31315234/pelletier-family-announces-lawsuit-against-boston-childrens-hospital

http://commonhealth.wbur.org/2016/02/justina-pelletier-lawsuit

http://www.wcvb.com/news/family-of-teen-held-hostage-by-hospital-files-lawsuit/38188274


JUDGE BLASTS COMMONWEALTH AND DENIES MOTION TO DISMISS COMPLAINT FOR DISCOVERY ABOUT THE CHILD ABUSE AT BRIDGEWATER STATE UNIVERSITY

Boston, MA-February 1, 2016. Following the arrest of Kyle Laughlin for rape of a child and indecent assault and battery and the arrest of Judith Ritacco for recklessly endangering a child, failing to report child abuse, and witness intimidation, many questions about what happened at the Bridgewater State College Children’s Learning Center remain unanswered.

KJC Law Firm, in conjunction with the Law Offices of Carmen Durso, filed a complaint in May 2015 on behalf of four parents whose children had been at the Bridgewater State University Children’s Center, to find out what information university administrators had about the abuse and when they had that information.

The Commonwealth of Massachusetts, on behalf of Bridgewater State University, moved to dismiss the Complaint. Judge Dennis Curran denied the Commonwealth’s motion, writing:

  • Who speaks for the children in this case[?] Not the Attorney General's office, charged with protecting the public safety, not a few university administrators who seem to have forgotten the original purpose of an educational institution: to seek the Truth. Instead, we see only petty bureaucrats scurrying to protect themselves.

  • What has become of us, as a people[?]

  • Where have we gone so terribly wrong[?]

  • How have we allowed such cruelty, indifference and pettiness to rule us[?]

  • This case is about little children - at least one of whom was allegedly raped with violence by a state-employed caregiver.

  • The parents' request for relief must be granted; their complaint may be maintained; and discovery shall shed light on what has happened here. Sunshine is a powerful disinfectant.

At KJC Law Firm, we pride ourselves in representing ordinary people who need help against powerful institutions like big business, insurance companies and the government. We are pleased that we could show Judge Curran that the conduct of the University and the government in this case was unjust and reprehensible.

For media coverage regarding Judge Curran’s January 28, 2016 order, please click on the following links:

http://www.bostonherald.com/news/local_coverage/2016/01/judge_rips_state_over_request_for_records_in_sex_abuse_case

http://bridgewater.wickedlocal.com/article/20160201/NEWS/160209670

http://www.washingtontimes.com/news/2016/feb/2/massachusetts-judge-rips-effort-to-dismiss-child-r/

http://www.enterprisenews.com/article/20160216/NEWS/160216822


SUFFOLK COUNTY JURY FINDS BILLIONAIRE HEIR TO S.C. JOHNSON FORTUNE FAILED TO PAY WAGES

Boston, MA-November 19, 2015. A Suffolk Superior Court jury returned a verdict today against H. Fisk Johnson, III, who is the Chairman of the Board and Chief Executive Officer of S.C. Johnson & Son and Stephen Rose, who is the Managing Director of Johnson’s venture capital company for failing to pay wages to an employee

The jury found that for nearly three years, Johnson and Rose refused to pay wages to Andrew Segal, M.D. who was running a start-up research business that Johnson and Rose had funded. Dr. Segal was born with cerebral palsy but graduated from Harvard College and B.U. Medical School and completed a residency at Mass General Hospital and a fellowship at MIT. During his fellowship, he invented certain processes which showed promise in fighting cancer. In exchange for funding the start-up, Dr. Segal had relinquished the rights to the patents then pending as well as the right to future patents. After disagreements in the company, Rose filed for dissolution and a Johnson company purchased the patent and patents pending. Dr. Segal got nothing.

The jury awarded Dr. Segal $413,912.20 in salary and benefits. With interest and mandatory trebling under the Massachusetts Wage Act, the judgment will exceed $1.3 million. A trial on the issue of Johnson’s and Rose’s bad faith will determine whether an additional $868,000 is awarded.