HMDRS Welcomes James L. Wilkinson, Esq.
Jim Wilkinson has joined the Healthcare Team at HMDR&S. He comes to us with many years of experience, having successfully defended Medical Professionals at all trial levels and before the various Boards of Professional Licensure in Massachusetts. We are very pleased to welcome him to our team.
HMDRS Announces Firm Promotions
We are pleased to announce the following promotions within the Firm:
Thomas (Toby) Bright, Esq.
Tracy A. Luvisi, Esq.
Sean P. Carroll, Esq.
Ethan C. Ryder, Esq.
Ryan H. Paine, Esq.
We are happy to recognize the many contributions these outstanding individuals have made to the success of the firm and the interests of its clients during their tenure.
Jenny Sheehan Presents at BBA Webinar on Fundamentals of Liability and Property Insurance
Attorney Sheehan was invited by the Boston Bar Association to participate on a panel of attorneys discussing the “nuts and bolts” of insurance coverage. The webinar covered the three common types of insurance policies—general liability, professional liability, and commercial property. Jenny did a great job in making a potentially inaccessible topic (commercial property insurance) interesting and extremely relevant. During her presentation, she was able to tie the key provisions and issues in standard property insurance policies into business interruption claims that are and have been brought by restaurants during the COVID-19 pandemic.
It is with a heavy heart that we announce that our friend, colleague and member, Rick Shea, has passed away. Despite his recent challenges, Rick faced life with the same happiness and optimism that was always his calling card. He was an incredibly skilled lawyer, blessed with an encyclopedic knowledge and a voracious work ethic, and an even better individual - a kind, generous man, who believed in family above all things. As a leader in the Massachusetts bar for nearly 40 years, Rick was a mentor to so many, and friend to all. We are extremely proud Rick chose to join us 8 years ago (nearly to the day). We were truly lucky to have been his friends and colleagues, and we will always benefit from our association with him.
Rest in Peace, Rick.
Donna Marcin Accepted to American Board of Trial Attorneys
Acceptance into the American Board of Trial Attorneys is considered to be an honor.
Donna Marcin Named to Massachusetts
Defense Lawyers Association Board of Directors
We are proud to announce HMDR&S' Donna Marcin was appointed to the MassDLA Board of Directors. The MassDLA is dedicated to advancing the collective goals of civil litigation defense attorneys and clients, through educational programming, the filing of amicus briefs on important defense issues, pro bono initiatives, and Substantive Law Committees.
Attorney Dunn Lectures to Harvard School
of Dental Medicine on Board of Dentistry
Cases and Risk Management
Attorney Vincent Dunn was invited to present to Advanced Graduate Education (AGE) students at the Harvard School of Dental Medicine on the Anatomy of a BORID Case and Risk Management this month, adding to his dossier of popular presentations to HSDM.
Eleven HMDR&S Attorneys Honored in 2018 Super Lawyers® Publication and Boston Magazine®
We are pleased to announce that eleven attorneys at Hamel, Marcin, Dunn, Reardon & Shea, P.C. have been selected to the 2018 Massachusetts Super Lawyers and Rising Stars lists, as published annually in Boston Magazine and New England Super Lawyers. Super Lawyers® is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Please join us in congratulating Donna Marcin, Rick Shea, Vincent Dunn, Bob Hamel, John Reardon, Megan Kures, Matt Sweet, Ryan McCarthy, Jenny Sheehan, Toby Bright, and Brian Sopp on their selection.
Kures Tackles Legal Issues in Service and Emotional Support Animal Accommodations at BBA
On October 25, 2018, Attorney Megan Kures was invited to speak on a panel at the BBA Employment Law Conference. The panel discussed the Cutting Edge of Accommodations covering emerging issues in employee accommodations. Attorney Kures spoke on issues related to service animals in the workplace, including the protections offered to service animals under the ADA or MA law, the limited protections offered to emotional support animals, the lack of case law and guidance on emotional support animals in the workplace, and the factors employers should consider in making reasonable accommodation decisions.
Megan Kures Consults on Role of Triage Tools in Med Mal Cases in ED Legal Letter
HMDR&S Director Megan Kures was recently consulted for a medical risk management article in the November 2018 Edition of ED Legal Letter entitled Determining the Reliability of a Triage Tool in Med/Mal Litigation. Attorney Kures provided insight into the common allegations in Emergency Department malpractice cases and the role triage tools play in those case. She acknowledged that plaintiff’s counsel could attempt to attack use of triage tools, but whether they choose to do so might depend on how strongly the ED provider relied on the tool and the provider’s testimony regarding its use. To access this publication from ED Legal Letter, click here.
Megan Kures Consults on Independent Contractor Status of Physicians in ED Legal Letter
Firm Director Megan Kures was recently interviewed by ED Legal Letter for an article entitled “EP’s Independent Contractor Status Doesn’t Always Limit Hospital Malpractice Exposure” featured in its August 2018 issue. Drawing on her years of experience in defending emergency physicians, Attorney Kures discussed the various factors that affect a plaintiff’s decision to name a hospital and the legal analysis for determining independent contractor status. To access this publication from ED Legal Letter, click here.
Avoiding Legal Challenges Presentation to Residency Program Directors at Boston Medical Center
Honesty may be a good policy when providing physicians-in-training with feedback, but not all feedback is welcomed and some can prompt adverse reactions by the recipient. HMDR&S Principal Attorneys John Reardon and Bob Hamel recently presented to the Residency Program Directors at Boston Medical Center on the responsibilities of the reviewing physician in providing feedback to residents without prompting employment lawsuits. In a seminar entitled “Avoiding Legal Challenges: Giving Honest Feedback to Your Resident” John and Bob were able to provide attendees with guidelines for giving feedback along with real examples of cases from their many years of experience in counseling healthcare providers and institutions in employment related matters.
The FLSA Overtime Rule: A Shifting Legal Landscape
Author: Brian E. Sopp, Esq.
A shifting legal landscape can create uncertainty and raise unforeseen challenges for employers seeking predictability in the marketplace. A recent request for public comment issued by the U.S. Department of Labor regarding the Fair Labor Standards Act’s Overtime Rule provides one stark example of how such uncertainty can arise. At the same time, however, it also provides an opportunity for employers to ensure they understand the current Overtime Rule and how they might be affected in the future by potential changes in the law.
To read more from this legal bulletin by Brian Sopp, click here.
The Supreme Judicial Court Expands the Scope of the “Mode of Operation” Approach to Premises Liability
By Attorney Jenny Sheehan
The Massachusetts Supreme Judicial Court (“SJC”) recently issued a decision which could potentially expand the application of the “mode of operation” theory in premises liability cases. In Bowers v. P. Wiles, Inc.¹, SJC-11923 (July 28, 2016) (slip opinion), the SJC found that this theory applied to landscaping and similar aesthetic decisions made by a retailer regarding its retail space, and not, as has previously been the case, only in cases where the claimed injury was a direct result of a retailer’s customers being permitted to directly access the goods for sale.
To read more from this legal Bulletin by Jenny Sheehan, click here.
Automated Claims Reporting and Not So ‘Best Practices’ Result in Multi-Million Dollar Judgment Against Insurer By Attorneys Matt Sweet and Jenny Sheehan
A recent case from the Massachusetts Supreme Judicial Court may not represent a ground breaking change in insurance law, but it certainly provides some valuable lessons in best practices for claims handling. The practical result of the opinion in Boyle v. Zurich American Insurance Company, 472 Mass. 649 (2015), is that Zurich American Insurance Company was required to pay over $4 million in a case where the policy at issue had a limit of $50,000, and where there was no finding that the insurer had violated M.G.L. c. 93A.
To read more from this legal bulletin by Matt Sweet and Jenny Sheehan, click here.
Vincent Dunn and Toby Bright published an article discussing their experience defending against the Dental Professional Review and Evaluation Program (D-PREP) in the Physician Insurer’s Association of America (PIAA) recent issue of Inside Medical Liability. Read “The Dental Professional Review and Evaluation Program: Lessons and Implications for Professional License Defense” here.
Toby Bright provides an overview of the professional licensing board disciplinary process and dispels common misconceptions individuals often have when they become the subject of a Professional Licensing Board disciplinary proceeding. Please read Toby's article here.
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