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Developments in the law

Recent Developments

Station Fire Case
February 14,2008


Clear Channel Agrees to Pay $22 Million
to Rhode Island Nightclub Fire Victims 02-14-2008

The owner of the radio station that promoted the rock concert reached a tentative $22 million settlement with our clients and other survivors and victims' relatives, Wednesday. The deal with Clear Channel Broadcasting is the latest in a series of settlements stemming from the Feb. 20, 2003, fire at The Station nightclub in West Warwick, R.I that have been reached with the Defendants in this case. This proposed settlement brings the total to 71.5 million dollars that has been offered by various defendants to compensate the survivors. The settlements must be approved by the Court. (see MORE below)


Strip Search Case
May 9, 2008

Second lawsuit filed against Massachusetts State Trooper Nine days after a lawsuit was filed by our office against a female Massachusetts State Trooper for an illegal strip search on a Fall River girl, the same trooper has been implicated in another incident that took place last week on Interstate 195 inWestport. Malinda Costa, 26, of Somerset, our office has filed a formal complaint with the Attorney General's Office after an incident took place between her and Trooper Allyson Powell on May 1. Attorney Brian Cunha, who is also representing Fall River teenager Alyssa Bolduc in her lawsuit against Powell, is representing Costa. Bolduc's suit claims she was strip-searched in full view of her friends and passing motorists on Reed Road in Dartmouth in 2007.

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Personal Injury lawyers Rhode Island and Massachusetts

          Our Recent Settlements and Verdicts 

4/24/08 Tiverton Toxic Tort

Our office is pleased to announce the settlement of the Tiverton Toxic tort soil contamination claims that were settled with Southern Union this week on behalf of our clients.

The settlement ends years of litigation in the Federal District Court in Rhode Island and represents an end to the plight of the residents.

Click here for more information

$250,000 settlement: Construction claim

The plaintiff, a concrete floor sub-contractor, was injured on the job in 2004 as a result of a fall into a pit that was improperly secured or marked by the General Contractor. The plaintiff was able to convince the insurer to settle the case based upon proof that the Contractor had violated OSHA and State Regulations, thereby negligently failing to provide proper protection to prevent falls

4/9/08 53.8 Million Dollar settlement with
Pet Food manufacturers
 
Our office is pleased to announce that a tentative settlement has been reached on behalf of our clients and others against the manufacturers, in the National Pet Food litigation. On April 1,2008 the parties announced the agreement in the amount of 53.8 million dollars. The final agreement will be presented on May 1,2008,to the Federal Court in New Jersey for approval. The details will be announced after the May 1 court date. Our office acted as class action counsel for the State Of Massachusetts
 
 
3/28/08 Medtronic/Guidant Defibrillator/Pacemaker
Mass Tort Settlement
 
Our office is pleased to announce the settlement of our cases involving cardiac pacemakers and defibrillators which were recalled from the market in early 2005 by the manufacturers of these devices, Medtronic Inc., and Guidant Corp.(which has been acquired by Boston Scientific). 
 
The settlement resolves approximately 50 claims filed on our client's behalf over battery defects in the implantable pacemakers/defibrillators. The heart devices are designed to automatically send electric jolts to correct heart rythms that are potentially fatal.
 
The Medtronic/Guidant settlement ends the defibrillator law suits that were consolidated in the Federal Court in Minneapolis. For additional details see below: 
 
 
In a related matter, our office also currently represents dozens of persons against Medtronic Inc. over defective sprint fidelis leads in Medtronic defibrillators. We are currently accepting cases involving Medtronic Sprint Fidelis cardiac defibrillator leads, serial numbers 6930,6931,6948 and 6949, which were the subject of a product advisory in October of 2007. 
 
3/13/08 Mass. Appeals Court Affirms $120,000 Judgment- Evans v. Raposo
 
In a case of first impression,the Massachusetts Appeals Court today denied the appeal of the defendants insurer,The Massachusetts Insolvency Fund, on a judgment obtained by our office in a motor vehicle accident case, against the fund in the amount of $120,000. The court held that the service of process defense, waged at the 11th hour by the Defendant, was waived.
 

3/13/08 Mass. Appeals Court Affirms $120,000 Judgment- Evans v. Raposo
In a case of first impression,the Massachusetts Appeals Court today denied the appeal of the defendants insurer,The Massachusetts Insolvency Fund, on a judgment obtained by our office in a motor vehicle accident case, in the amount of $120,000. The court held that the service of process defense, waged at the 11th hour, was waived.
Click here for site for the full opinion

3/1/08 $4.85 Billion Vioxx Settlement
We are pleased to report the settlement of our Vioxx clients pharmaceutical claims against Merck Pharmaceuticals. More than 44,000 people have signed up for shares of a $4.85 billion settlement over the withdrawn painkiller Vioxx. Of roughly 47,000 people who registered for the settlement earlier this year, more than 44,000, including scores of our clients, have submitted all of the paperwork necessary for enrollment in the settlement.

More on this Settlement

Merck Says 44,000 Have Signed Up for $4.85 Billion Vioxx Settlement

More than 44,000 people have signed up for shares of a $4.85 billion settlement over the withdrawn painkiller Vioxx, a sign that the deal is on track to go forward, Merck & Co. announced Monday.Of roughly 47,000 people who registered for the settlement earlier this year, more than 44,000 have submitted all or some of the paperwork necessary for enrollment in the deal, Merck said in a news release

$60,000.00  settlement: December 2007
3rd Party Workers Compensation Claim

The employee is a yard-man responsible for the docking of tractor-trailers at his employers loading facility. On the date of the accident the driver of the tractor trailer backed over the employees foot causing a nerve injury to his toe. The employee was placed on workers compensation, however he has since returned to work on a full time basis.

$300,000.00  settlement- November 2007

On June 27, 2007, a husband and wife were operating their moped on Kempton Street in Fall River when they were struck by a motor vehicle. As a result of the accident the husband sustained a fractured pelvis which required surgical intervention, including, neck, arm and knee sprains and multiple contusions. His wife sustained a fractured thumb and a deep laceration to her leg. Both required hospitalization and outpatient therapy.A demand for the policy limits of both the operator's household policy and the owner of the vehicle's policy were paid totaling $100.000.00.  After the applicable set-off, Arbella, the under-insurer paid they full policy limits on behalf of the husband.  The wife's claim for the remaining $200,000.00 is still pending as she is still undergoing medical care and has not reach a medical end-result.

$52,500 settlement: Automobile Accident  
October 2007


Our client's automobile was stopped on a side street, at its intersection with Valley Street, in Providence when a delivery truck on Valley Street, turning left onto the side street, cut the corner too sharply causing the driver's side of the delivery truck to hit the front corner of our client's vehicle.  The plaintiff suffered sprain injuries to his neck and back and aggravated a pre-existing back condition causing him to miss time from work.

$100,000 settlement: Automobile Accident
October 2007

A middle aged male driving a ramp style tow truck, traveling on Route 95 north in the second lane, was veering right to take the exit onto Route 195 east, when he was struck by an automobile to his right, who was trying to change lanes to her left to stay on Route 95 north.  The plaintiff, who had neck surgery in the past, suffered a new herniated disk in his neck requiring surgical repair.  After obtaining the automobile insurance policy limit from the at fault driver, a claim under the client's own insurance policy for under-insured motorist benefits is pending to obtain additional compensation.

$120,000.00 Judgment: Auto Accident 2007

The Plaintiff was injured in an auto accident on Route 3 in Milton Ma. After stopping to help persons in another accident that he had observed occur in front of him, as he was pulling out he was struck by a car causing him to sustain 3 broken ribs and a fractured tooth. He spent three days in the hospital.

$187,500.00 Arbitration Judgment: Under-insured Auto Accident 2007

The plaintiff was injured in an auto accident in Tiverton RI, when he was struck in the rear of his auto my another driver, resulting in injuries to his lower back. The plaintiff underwent surgery for his back with good results. We settled the claim against the driver for $100,000.00 and proceeded to make a claim against the under-insured portion of his policy. After hearing the arbitrator awarded an additional $187,500.00

$1,292,000.00 settlement September, 2006 MTBE Ground water contamination

The plaintiffs are thirty-four separate property owners located in Taunton MA., whose property wells were contaminated by a spill of gasoline.. more

$75,130.33 Jury Verdict: September 2006 - Premises Liability

On January 25, 2001 the plaintiff was walking out the door of an apartment building.. more

$100,000.00 settlement: August ,2006 - Driver injured after Motor Vehicle collision
The 33 year old female plaintiff was injured when her auto was struck by the defendant.. more

More Settlements....


Have you been injured in RI or MA? Do you need someone on your side that will fight for your rights and get the money you deserve for your injuries?

Count on Brian Cunha & Associates 
Rhode Island  and Massachusetts
Personal Injury Attorneys


The information provided on BrianCunha.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Disclaimer

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MTBE Pascoag RI
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