Abraham & Associates, P.C. Case Results

CLOSE TO $10,000,000 (FULL AMOUNT KEPT CONFIDENTIAL)

Our client was a truck driver who suffered brain injury from carbon monoxide poisoning from driving a defective tractor trailer. Our client suffered permanent neurological and psychological symptoms from carbon monoxide poisoning.

We investigated the leasing company’s maintenance practices. We forced the management and employees of the leasing company to admit that their maintenance practices violated Federal Trucking regulations (FMCSA regs). We also forced the company to admit that they consciously chose to violate the maintenance manual that came with the truck. When we deposed the national management, they admitted that the policy to violate the maintenance manual was a national policy.

In discovery, we found that the trucking company knew that the tractor was leaking exhaust and did not fix the problem yet told our client the leak was fixed. We alleged that this practice violated G.L. c. 93A and that the defendant would be liable for punitive damages.

To prove the brain damage, we sent our client to a weeklong intensive evaluation in Utah with one the world’s leading experts in carbon monoxide poisoning. We arranged to have the client to undergo advanced neuroimaging (3T MRI, DTI NeuroQuant analysis and MR Spectroscopy) that demonstrated that the client’s brain had significant atrophy. This was essential as previous imaging showed a normal brain.

A month and a half before trial, the defense scheduled a mediation. At mediation, there was a low ball offer that was rejected. We sent a bad faith letter to the insurance company and within weeks, the case settled for close to eight figures on a case where the previous lawyer had demanded only 1 million dollars. The actual amount of the settlement has been kept confidential. (January, 2016)


$9,000,000 Recovery

Co-counsel on a case that settled during jury selection. Our client was a 45 year old woman who was a seriously brain damaged due to a misdiagnosed mid cerebral artery aneurysm. The case involved over 60 depositions taken in four different continents. We were prepared to call seven different experts to testify as to liability and the extent of her damages, including the Chief of the Brain Aneurysm Clinic at the Massachusetts General Hospital. Before the settlement, our client was living in a nursing home and her sole desire was to live with her family. After the settlement, our client was able to move back home on her 46th birthday.

According to Mass. Lawyers' Weekly, the settlement was the Largest Brain Injury settlement in the State and the 2nd largest injury settlement overall in 2003. (June, 2003)


$5,500,000 recovery - $4,500,000 Verdict

Our client suffered a severe traumatic brain injury in a fight outside of a bar. Our client brought suit against one of the largest bar owners in Massachusetts. The case was rejected by another law firm based upon erroneous/incomplete information in the police report. A year after the incident, Attorney Abraham tracked down key witnesses and discovered that the bar broke promises to the liquor licensing board and that their staff was unaware of the safety rules. During the four week trial, Attorney Abraham presented advanced neuroimaging (3TMRI, DTI and SWI) illustrating to the jury the damage to his white matter (axonal shearing), cerebral atrophy as well as microhemmoraghing throughout the brain not picked up by standard CT/MRI scan. This was essential to counter the defense's claim that the client made a full recovery because he returned to work and was gambling at Mohegun Sun. There was no offer at the start of the trial and only a $150,000 offer in the middle of trial. The verdict will allow our client's medical needs to be met for the rest of his life.

According to Mass. Lawyers' Weekly, the verdict was the 2nd largest personal injury verdict in the state and the largest brain injury verdict in the state. Attorney Abraham has been asked to lecture about his trial strategy at a MCLE seminar dealing with the top Verdicts of the Year. (November, 2012)


$5,425,000 Recovery

Our client suffered a severe brain injury as a result of a car crash. Through the latest techniques in neuro-imaging and work with an expert neuroradiologist and a neuro-imaging lab in Utah, we were able to demonstrate atrophy in important parts of our client's brain. Further, we converted our client's MRI scans into a 3D model of the her brain, graphically illustrating the damage done to her brain. In addition, we put together a multidisciplinary team to advocate for the victim's future medical care needs. As a result of the settlement, the victim's medical needs will be taken care of for the rest of her life, and she is now able to live independently, with assistance.

According Mass. Lawyers' Weekly, the settlement was the 2nd Largest Brain Injury settlement in the State and the 5th largest injury settlement overall in 2009. (December, 2009)


$5,000,000 Verdict

A 22 year-old trade school graduate was working as a roofer at a residential construction site in Kingston, MA, when he fell from ladder staging erected by his employer. While the roofer was working atop the staging, one of the ladders supporting it sank into the soil in which it was positioned. This caused the staging to shift, and our client to be thrown 20 feet to the ground below. As a result, our client sustained fractures to his right, dominant wrist, pelvis and sacrum. Plaintiff also incurred a herniated lumbar disc and sustained mild injury to his right shoulder. Plaintiff was air-lifted to Mass. General, and then treated a Mt. Sinai Rehabilitation Hosp. in Stoughton. We were able to prove that the contractor failed to provide proper supervision at the construction site, and allowed a running garden hose to saturate the ground on which this staging was positioned.

Based upon research, the $5M verdict was one of the largest in the history of Plymouth County as well as one of the largest "non-economic" verdicts in the state history. It was also the 4th largest injury verdict in the state in 2008. (March, 2008)


$4,000,000 Recovery

A 43 year old woman with a family history of aneurysm had an MRI/MRA to rule out a possible aneurysm. The defendant radiologist mistakenly reported the results as "no aneurysm seen." One and a half years later, the aneurysm that was visible on the earlier MRA/MRI ruptured causing the client severe traumatic brain injury. We were able to retain a top neuroradiologist and a leading neurointerventionalist from the Massachusetts General Hospital to testify that the defendant doctor missed a clearly visible aneurysm. This case was rejected by two different law firms.

Even though the client made a remarkable recovery given her original injury and was able to drive and play golf in a limited fashion about a year after the injury, the case settled for the full amount of insurance after we were able to create a 3D model to demonstrate the atrophy to our client's brain that matched her neuropsychological deficits. The case settled well before trial due to the decision to file suit directly against the insurer for failure to promptly offer a reasonable settlement. (July, 2014)


$3,250,000 Recovery

A 29 year-old, married father of two had his legs crushed when a tractor-trailer weighing 135,000 pounds rolled down the hill from a dead stop and struck him. The Defendant trucking company tried to blame the truck's driver, who was immune from suit. However, we were able to prove that the truck rolled because the parking brakes and the service brakes failed. Through our investigation, we proved that the parking brakes violated federal safety regulations and that the maintenance on both the tractor and the trailer violated federal safety requirements. Working with Thomas Gill, M.D., the team physician for the Boston Red Sox and New England Patriots, we were able to show the extent of our client's injuries, as well as the cost of his future care.

According Mass. Lawyers' Weekly, the settlement was the 13th largest injury settlement in the State in 2009. (January, 2008)


$2,900,000 Recovery

Our client was an electrician working in a downtown, Boston office building. He sustained a brain injury when 225 volts of electrical current travelled through his brain. The incident resulted from miswiring that occurred during the renovation of office space several years before the accident. At the time of this renovation, a wire that typically carries no electricity was negligently converted into a "live" wire by the Defendant, an electrical contracting company. The Defendant maintained that the renovation work it had completed nearly two years before the accident had nothing to do with the condition that caused our client's injury, since the work pertained to other areas of the building. Working with a top neuroradiologist, we were able to prove that significant portions of our client's brain had shrunk and these findings defused the insurance company's attempt to label our client a "malingerer." The case settled after two full days of mediation, on the day that trial was scheduled to begin. (March, 2006)

Mass. Lawyers Weekly ran a front page story on our ability to use neuroimaging to defeat the insurance company's attempts to call our client a malingerer.


$2,000,000 Recovery

Assisted lead counsel in prosecuting a claim whereby a young girl fell over a defective railing resulting in brain damage. The Court to entered a liability judgment, leaving the extent of damages as the only issue for trial. Serious questions arose as to the relationship between the accident and the injuries, as the child demonstrated learning disabilities before the accident. The case was depicted on the television show The Practice. (January, 1995)


$1,500,000 Recovery

Client suffered an epinephrine overdose that resulted in a brain injury. The prior lawyer tried to pressure the client into accepting a “the best offer” of $325,000. Clients then hired our firm. We immediately interviewed numerous co-workers, friends, relatives, babysitter and teachers to document the changes in the client after the epinephrine overdose. In addition, we set the client to have advanced neuroimaging which documented damage to the client’s white matter.

In addition the firm did extensive research into the defense’s six experts that said she was not brain damaged. We fought hard to videotape the defense medical expert’s examinations and won in court. We then used those videotapes to show that the defense experts were being dishonest in their reports.

Once Abraham & Associates got involved, their “best offer” increased by almost 500%. (November, 2016)


$1,500,000 Recovery

Lead Counsel on a construction site accident resulting in permanent brain damage as well as a herniated disc in the lower back. The Defendant claimed that our client was working on a prohibited area without his knowledge. By investigating co-workers, we were able to show that Defendant instructed our client to work in the area. The case was settled for the insurance policy limits after mediation, but shortly before trial. (February, 2002)


$1,150,000 Recovery

Our client lost his arm below the elbow when he was dragged into an industrial machine. Through research and work with lawyers throughout the country, were found that our client was one of 45 people who had either been killed or maimed on this type of machine and that defendant manufacturer had been told of multiple ways to prevent injuries but had ignored them. We were able to overcome numerous attempts to conceal this information and then defeat the manufacturer's attempts to hide the information from the jury. According to the manufacturer, this was the first time they had ever settled a case during trial. The defendant had won similar cases in California and in Indiana partly due to its ability to keep the number of people seriously hurt or killed from both counsel and the jury. As a result of the work during the trial, Attorney Abraham has been retained to assist other lawyers in a similar case in California, and consults with lawyers throughout the country on litigation strategy. (March, 2009)


$1,150,000 Recovery

Our client was a 23 year-old pedestrian who was struck by an oncoming car while crossing a busy street at a crosswalk. Our client had no memory of the minutes before the impact and therefore could not testify as to what occurred. The driver testified that our client must have walked into the side of her car and was definitely not in the crosswalk. Through our investigation, we were able to track down surveillance video of the scene. The video, however, was taken at night from approximately 1/4 mile away, and therefore was not immediately useful. However, we were able to obtain a leading surveillance video expert to enhance the video, measure the scene and prove that our client was standing in the middle of the crosswalk for five seconds before the impact. Further, this expert was able to determine that the Defendant driver was traveling 18 miles above the speed limit, and 50% faster than the average speed of the previous 12 cars. We worked with the Chief of Orthopedics at Beth Israel/Deaconness Hospital to prove our client's future damages. (July, 2007)


$1,100,000 Recovery

An elevator in a downtown office building allegedly "free-falls" five stories, resulting in brain injury to one of its occupants. We were able to uncover evidence showing a history of complaints about the elevator, and substandard repairs and maintenance. Despite the fact that our client did not seek medical attention for nearly two weeks after the accident, we were able to prove the debilitating effects of the incident through analyzing our client's brain waves and comparing them to known traumatic brain injury survivors and "healthy" individuals, resulting in a substantial settlement for the client. (June, 2006)

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Andrew Abraham

Injury Attorney

Attorney Abraham has earned several seven-figure verdicts on behalf of his clients and strives to create an altogether safer community in Boston.

Learn More About Him
  • Massachussetts Academy of Trial Attorneys
    Brain Injury Association of Massachusetts
  • American Association for Justice
    The Sarah Jane Brain Project
  • North American Brain Injury Society

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If you or a loved one has been injured, we can fight for justice on your behalf.

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Abraham & Associates, P.C.
Boston Brain Injury Attorney

617.221.3339
2 Center Plaza, Suite 620A
Boston, MA 02108. View Map

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