Posts tagged "Medical"

Medical Source, Inc., et al. (Lawyers Weekly No. 09-053-17)

No. 2016-1853 BLS 1
In this commercial dispute regarding a product sold by PerkinElmer to plaintiffs,
discovery is sought by plaintiffs from a non-party, Virscidian, Inc. Plaintiffs move for the
issuance of a letter rogatory to compel the production of documents from, and the appearance for
deposition of, Virscidian, a company located in North Carolina (Paper No. 36). In response,
Virscidian moves for a protective order to limit the scope of discovery and to require that
plaintiffs bear the cost of the review and production of responsive documents (Paper No. 37).
At the hearing of these motions on November 8, 2017, I asked the parties to confer, again,
to limit the areas of dispute. I pointed out that plaintiffs are entitled to some discovery as
requested but that plaintiffs “must take reasonable steps to avoid imposing undue burden or
expense” on Virscidian. See, Mass. R. Civ. P. 45 (b). Pursuant to Rule 45 (b), I indicated that
denial of Virscidian’s motion for protective order would be conditioned “upon the advancement
[by plaintiffs] of the reasonable cost of producing the documents . . . .” Id. I then ordered the
parties to submit a chart showing plaintiffs’ revised requests for documents, Virscidian’s
objections, and Verscidian’s estimate of the cost of responding to the narrowed requests. The
requested chart was filed on November 20, 2017, as a Joint Supplemental Submission (Paper No.
43), .
Plaintiffs allege that PerkinElmer’s Time-of-Flight Mass Spectrometer (“TOF”), as
purchased by them, is defective. Virscidian developed a software component of the TOF called
“Solo.” Plaintiffs believe that Virscidian is in possession of documents that directly relate to
alleged flaws in the software component. Plaintiffs allege that the software issues are “at the
heart of” the defective TOFs. Plaintiffs requested approval of a subpoena for the production of
documents from Virscidian responsive to 14 enumerated requests. In addition, plaintiffs
requested approval of a subpoena to Virscidian to produce a witness, designated by the
corporation, to testify as to 18 described subject areas.
Virscidian’s motion for a protective order, supported by an affidavit from its founder and
CEO, Joseph D. Simpkins, points out that Virscidian is a small company with only four, fulltime,
employees in addition to Mr. Simpkins. Mr. Simpkins estimates that it would take his
employees approximately 600 hours to find, review and produce documents responsive to the
requests. Such an effort would substantially interfere with Virscidian’s ongoing business. “Even
if we outsourced the project, I would still need to be substantially involved to oversee capture of
the .pst files, confirm they are fully indexed, answer questions and review flagged emails.
Outsourcing it to a firm that I trust and has the competence to review the emails could cost as
much as $ 150,000, assuming a charge of $ 250 per hour.” Simpkins Affidavit, ¶ 6.
My order to the parties to re-confer regarding the scope of plaintiffs’ discovery requests
and to provide an estimate of the cost to Virscidian resulted in the Joint Supplemental
Submission. It should be noted that counsel for PerkinElmer is also representing Virscidian with
respect to its motion for a protective order. Pursuant to my order to re-confer so as to narrow the
areas of dispute, the 14 requests for documents were narrowed by plaintiffs to six requests.
Nevertheless, the Joint Supplemental Submission contains an estimate from Virscidian of
“associated costs” of production of approximately $ 507,000, more than a three-fold increase over
Mr.Simpkins’ initial estimate of cost. A Supplemental Affidavit from Mr. Simpkins attempts to
provide an hourly estimate for the calculation of cost. The $ 507,000 estimate appears to be based
on an estimate now of 1890 hours at a rate of approximately $ 265 per hour to perform the tasks
to produce the documents. Moreover, Mr. Simpkins pleads that his business will be disrupted.1
I find that Mr. Simpkins’ estimates appear to be excessive. Like any citizen, Virscidian is
obligated to comply with legal process and to bear at least some cost in doing so. I recognize,
however, that Virscidian is a small company. It’s business should not be overwhelmed by having
to comply with plaintiffs’ subpoena. Accordingly, the following Order attempts to balance the
right of plaintiffs to obtain discovery and to protect Virscidian from undue burden and expense.
1. Plaintiffs’ requests for documents related to Virscidian’s “Solo” software is hereby narrowed
further to include only documents concerning Solo Quant. Virscidian is not required to produce
documents concerning its core product, Analytical Studio. This ruling applies to Requests Nos. 1
to 5 in the Joint Supplemental Submission.
2. As a result of the narrowing of the requests described in paragraph 1, above, the estimate of
“associated costs” to Virscidian of producing the documents decreases to approximately
1 Mr. Simpkins also indicates that he will be the Rule 30 (b)(6) witness but because of
back surgery on November 21, 2017, he will not be available until February 2018.
$ 101,000. To avoid disruption to Virscidian’s business, I order that plaintiffs be responsible to
pay the fees of third-party contractor, to be engaged by Virscidian, to conduct the search and
review. The contractor will search for, review and produce documents, after consultation with
Virscidian, responsive to all six paragraphs of plaintiffs’ requests in the Joint Supplemental
Submission, as modified by this Order in paragraph 1. Plaintiffs shall be responsible to pay only
the fees of the contractor, not the internal cost of Virsidian’s employees or officers incurred to
assist the contractor. Plaintiffs’ responsibility to pay the costs of the contractor is capped at
$ 50,000. In order to trigger plaintiffs’ obligation to pay the contractor, the contractor shall submit
to plaintiffs’ counsel, every fifteen days, detailed bills showing the hours spent, the hourly rates
of its employees, and the status of the production.
3. Virsidian’s motion for a protective order is DENIED, conditioned upon plaintiffs’ obligation
to pay a contractor engaged by Virsidian as described in paragraph 2, above. Virsidian shall
produce responsive documents pursuant to the subpoena by no later than February 28, 2018.
4. Plaintiffs may proceed with the deposition of a corporate witness designated by Virsidian,
presumably Mr. Simpkins. The deposition shall not exceed 8 hours. The deposition shall take
place at a mutually agreed upon location in North Carolina. The deposition shall take place upon
a mutually agreed upon date, no later than March 31, 2018. The scope of the deposition includes
all of the subject areas indicated in the initial subpoena.
5. If either plaintiffs or Virscidian believe an order from a North Carolina court is necessary to
enforce this Order, plaintiffs shall file, within 14 days of this Order, a revised motion for a letter
rogatory with the appropriate exhibits, including a copy of this Order and the Joint Supplemental
By the Court,
Edward P. Leibensperger
Justice of the Superior Court
November 28, 2017
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Posted by Stephen Sandberg - December 7, 2017 at 3:37 am

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Walker, et al. v. Boston Medical Center Corp., et al. (Lawyers Weekly No. 12-081-17)





  1. 2015-01733-BLS1

KAMYRA WALKER and another,1

1 Anne O’ Rourke

2 MDF Transcription, LLC and Richard J. Fagan.

on behalf of themselves and other similarly situated






In March 2014, defendant Boston Medical Center, Corp. (BMC) learned that another health care provider had inadvertently accessed a BMC patient’s medical information on a website maintained by defendant MDF Transcriptions, LLC (MDF), a medical transcription company used by both BMC and thisother provider.  It sent a letter to all its patients who had records that had been transcribed by MDF informingthem that there might have been unauthorized access to their medical information. After receiving this letter, the plaintiffs Kamyra Walker and Anne O’Rourke,filedthisputative classaction against BMC, MDF, and Richard Fagan, MDF’s owner and manager.  They assertthat the defendants are liableto them, and all other similarly situated BMC patients,for failing to ensure that their medical information was kept confidential.  The case is before the court on BMC’smotionfor summary judgment. BMCargues, among other things, that the plaintiffs lack standing to maintain the claims asserted2 read more

Posted by Stephen Sandberg - July 4, 2017 at 5:18 am

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Doe, et al. v. Boston Medical Center Corporation (Lawyers Weekly No. 11-133-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;

13-P-1998                                       Appeals Court


No. 13-P-1998.

Suffolk.     May 6, 2015. – September 9, 2015.

Present:  Rubin, Brown, & Maldonado, JJ.

Practice, Civil, Summary judgment.  Negligence, Hospital, Duty to prevent harm, Foreseeability of harm.

Civil action commenced in the Superior Court Department on March 2, 2011.

The case was heard by Heidi E. Brieger, J., on a motion for summary judgment. read more

Posted by Stephen Sandberg - September 9, 2015 at 8:11 pm

Categories: News   Tags: , , , , , ,

Roe No. 1, et al. v. Children’s Hospital Medical Center, et al. (Lawyers Weekly No. 10-164-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;


ROBERT ROE No. 1 & others[1]  vs.  CHILDREN’S HOSPITAL MEDICAL CENTER & others.[2]

Suffolk.     April 8, 2014. – October 1, 2014.

Present:  Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

Child Abuse.  Negligence, Hospital, Employer, Duty to prevent harm.  Practice, Civil, Complaint, Amendment of complaint, Dismissal.

Civil action commenced in the Superior Court Department on March 28, 2011.

A motion to dismiss was heard by Merita A. Hopkins, J.

The Supreme Judicial Court granted an application for direct appellate review. read more

Posted by Stephen Sandberg - October 1, 2014 at 4:07 pm

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Police: Couple Charged with Drug Distribution at Boston Medical Center


The following information was supplied by the Boston Police Department. Charges listed do not indicate conviction.  Boston Police Officers responded to a report of drug related issues in the adult emergency room at Boston Medical Cente
South End Patch News

Posted by Stephen Sandberg - July 22, 2013 at 9:28 pm

Categories: Arrests   Tags: , , , , , , ,

Police: Holbrook Man Charged with Several Warrants at Boston Medical Center


The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. 

Boston Police were on a routine patrol of the Menino Building at 840 Harrison Avenue at about 6:25 p.m. on June 30 when an
South End Patch News

Posted by Stephen Sandberg - July 1, 2013 at 9:37 pm

Categories: Arrests   Tags: , , , , , , ,

Police: Woman Arrested on Drug Charge at Boston Medical Center

Boston Police badge

The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions.

A resident of the Pine Street Inn was arrested on Monday night on drug charges, according to police. 

Boston Medical Center Department of Public Safety Special State Police Officers responded to narcotics activity at the entrance of 850 Harrison Avenue at about 11 a.m. on June 10.

Through a security camera, officers allegedly observed a woman hand $ 10 to a person, who handed her an orange pill. The woman then put the pill in a small orange pill bottle.

Officers stopped the woman and searched her. According to police, they found her in possession of Suboxone pill. Officers also found a black folding knife with a blade longer than three inches, they said. 

Luis Baez of 444 Harrison Avenue was arrested and charged with possession of a Class B substance. 

SOUTH END PATCH: Facebook | Twitter | E-mail Updates  read more

Posted by Stephen Sandberg - June 14, 2013 at 10:14 am

Categories: Arrests   Tags: , , , , , , ,

Police: Heroin Overdose Leads to Drug Arrest at Boston Medical Center

Boston Police badge

The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions.

Boston Police arrested a homeless man at Boston Medical Center on drug charges on Friday after a woman he was with requested medical attention.

Polie said they received a call for a medical emergency at 830 Harrison Ave at 5:15 p.m. on Friday, May 31st. When police arrived, they reported seeing three men in the waiting room who were reportedly worried about the wellbeing of a woman who may have overdosed on heroin. 

Upon interviewing the men, police said they determined they had come to Boston Medical Center to inject heroin. The woman reportedly felt sick after injecting and needed medical attention. 

Upon a search of the men’s backpacks, police found found two hypodermic needles and a tourniquet. In a side pocket, officers found 23.5 white pills identified as Seroquel.

According to the police report, this address is known as an area where heavy drug usage and dealings take place. read more

Posted by Stephen Sandberg - June 4, 2013 at 10:20 am

Categories: Arrests   Tags: , , , , , , , ,

Woman Charged with Drug Possession at Boston Medical Center

The North End/Waterfront Neighborhood Council Public Safety Committee meets on the first Thursday of the month at 6:30 p.m. at the Nazzaro Center (30 N. Bennet St.). Public Safety meetings are led by District A-1 Boston Police and are open to the public.

The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions.

A Boston woman was arrested and charged with drug possession at the Boston Medical Center campus over the weekend after allegedly tresspassing and giving police a fake name.

Police responded to Boston Medical Center at 3 a.m. on Sunday for a report of a person doing drugs at 840 Harrison Ave. 

When police arrived, they reportedly found multiple syringes in the area. Police interviewed a woman they suspected to be involved, who said she had no medical reason to be at Boston Medical Center, police said. During the interview, the woman allegedly gave a fake name to police. 

The woman, Loralie Fuller, of 39 Boylston St., was arrested and charged with tresspassing. During a search, officers reportedly found an unmarked pill bottle with dozens of Ibuprofen 800mg pills. When asked where she got these, Fuller told police, “I got them from a friend. They aren’t mine,” according to the report. read more

Posted by Stephen Sandberg - May 14, 2013 at 10:28 am

Categories: Arrests   Tags: , , , , , ,

Doctor Recalls Chaotic Scene in Medical Tent After Blasts

The Copley Square area completely deserted aside from police, firefighters and EMS.

Dr. Martin Levine was standing outside a medical tent on Boylston Street Monday afternoon, a half-block from the finish line, when he felt the violent force of the first blast. 

“Make way! We’re going to have casualties … we need room,” Levine yelled into the medical tent filled with hundreds of runners. 

The 62-year-old New Jersey resident had taken the day off from his sports and family medical practice in Bayonne, as he has done every year for the last 19 years, to work the finish line at the Boston Marathon. 

He usually spent the day tending to sprained ankles, knee pain, shin splints and other common distance running injuries.

But this year would be different.  

As the first explosion hit, Levine saw the plume of smoke rise from the crowd at the finish line and said he knew instantly that at least 35 to 40 people were injured.

Levine began running toward the injured as the second bomb went off and kept running. He thought there might be a third explosion, but he couldn’t stop. read more

Posted by Stephen Sandberg - April 18, 2013 at 12:50 am

Categories: Arrests   Tags: , , , , , , ,

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