Keep up with the latest personal injury law news and insights from the industry's trusted legal partner, Ged Lawyers. Here is an overview of what happened this month in Florida and Massachusetts's personal injury law field.
For many years, state breathalyzer tests were not certified and have been knowingly used by the state and police officers to obtain DUI / drunk driving convictions even though the machines were not calibrated to the accuracy required by state law.
On Wednesday, December 7, 2022, Massachusetts Supreme Judicial Court heard arguments in a case some legal experts say could lead to the dismissal of approximately 27,000 drunk driving cases.
The case arises from years of litigation over the use of a particular breathalyzer test, the Alcotest 9510. According to a 2017 ruling, the state’s Office of Alcohol Testing failed to maintain the instruments scientifically and routinely attempted to conceal problems with the machines.
In a 2021 ruling, the District Court ruled that all tests from the Draeger Alcotest 9510 machine done between 2011 and 2019 should be excluded from criminal prosecutions. The state must notify the 27,000 people whose drunken driving cases were based on testing done during that time.
Public defenders recommend that the court dismiss all affected defendants’ cases subject to OAT’s misconduct. It will be challenging and costly to handle all those trials.
On Friday, the MA Appeals Court determined that Shaw's Supermarkets Inc. should pay for a portion of the six-figure legal costs a partner company incurred while defending against an automatic door malfunction case. This latest ruling flipped an earlier decision that the supermarket's door installer, Stanley Access Technologies LLC, was solely liable for legal expenses.
The ruling reversal was based on the premise that Stanley Access Technologies LLC, is not an insurer and the purchase order between the two did not constitute an insurance policy, Associate Justice Sookyoung Shin wrote for the court.
"The matter before us concerns a simple transaction between Shaw's and Stanley for the purchase and installation of automatic doors," Justice Shin wrote. "Stanley's duty to defend arises from a single, fine-print provision in a form purchase order and is limited to claims that 'arise out of or in connection with' Stanley's breach of one of its warranties."
The appeals court determined that a lower court must determine how much of the $237,438.37 in attorney fees and interest should be paid out by Shaw's.
To satisfy claims that it supplied a Massachusetts orthopedic surgeon with hundreds of dollars worth of free devices for spinal surgeries, DePuy Synthes - a subsidiary of Johnson & Johnson - has agreed to pay $9.75 million in restitution.
The damages included those performed overseas on patients who were ineligible for federal health care programs, the U.S. Department of Justice announced Friday.
DePuy has admitted the company provided an unnamed MA surgeon, through its sales representatives, thousands of dollars worth of devices to be used in spinal surgeries free of charge. Those devices included cages, rods, screws, plates, and other instrumentation, the DOJ said.
Those devices were also used for more than 20 surgeries performed on patients overseas in the Middle East who were not Medicare or Medicaid beneficiaries.
"The DePuy products given to the surgeon were sometimes unavailable at hospitals and/or with the third-party sales distributors in the countries where the surgeon operated overseas," the Jan. 17 settlement notice states. "The surgeon typically traveled with the DePuy products that DePuy acting through Employee #1 and other sales representatives, gave to him."
7.23 of the $9.75 million settlement will be returned to the federal government. The remaining $2.52 million will go back to the Commonwealth of Massachusetts, the DOJ said. The Department of Justice has clarified that although a settlement has been reached, no conclusions have been drawn with respect to liability. Such claims are simply allegations at this time.
Online reputation can make or break your law firm. Just like you maintain a strong reputation in your local market, you should also manage your reputation online. Some of the elements to strengthen your online reputation include:
Recent research shows that over 70% of consumers write reviews when asked to do so, and 79% trust online reviews as much as personal recommendations. Ask your satisfied clients to leave a review for your firm. If you receive a negative review, be sure to respond to it promptly.
Every law firm should take advantage of this free opportunity. A recent study shows that any local business with a GMB profile receives 1,260 views and at least 59 actions monthly.
You can include testimonials on your firm’s website where satisfied clients narrate why they like your legal services. This is a free approach that can help you to boost your firm’s online reputation.
While reputation management software may not be the best approach for every personal injury law firm, it’s worth exploring. You can leverage tools like Birdeye, Broadly, and Podium to track data related to your online presence.
This message is for you if your law firm handles personal injury cases for auto accident victims. A claim under PIP must be made within two years after the accident in Massachusetts. By contrast, Florida law allows a PIP claim is time-barred after five years.
In short, lawyers’ medical clients may lack the time and resources to deal with systematic billing backlogs. Also, litigating unpaid claims can be time-consuming for personal injury law firms.
Our firm makes it easier for personal injury lawyers. How do we work? The attorney (along with the medical provider) signs a co-counsel agreement with Ged Lawyers. We manage each claim from start to finish, and once we recover the full claims, we pay a 25% fee to the referring attorney, according to Florida bar guidance.
We offer a technology-driven process from start to finish. Law firms can always track each claim by logging on through our secure web portal. Trust Ged Lawyers, to give your practice a leading edge.
Schedule an appointment with our team to learn how to maximize your law firm’s revenue today.
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