New England Verdicts

Plaintiff(s):

Peter Zacarelli (Male), 

Estate of Barbara J. Grimes (Female, 67 Years)

Plaintiff Attorney(s):

Marc L. Breakstone;
Breakstone, White & Gluck, PC;
Boston,
MA,
for
Peter Zacarelli, Estate of Barbara J. Grimes

Defendant(s):

American Medical Response of Massachusetts Inc.

Defense Attorney(s):

Barbara Hayes Buell;
Smith Duggan Buell & Rufo LLP;
Lincoln,
MA,
for
American Medical Response of Massachusetts Inc. ■ Gerard A. Butler, Jr.;
Smith Duggan Buell & Rufo LLP;
Boston,
MA,
for
American Medical Response of Massachusetts Inc.

On Jan. 31, 2009, plaintiff’s decedent Barbara J. Grimes, 67, a retiree, underwent dialysis treatment at Fresenius Medical Care in Plymouth. Following the treatment, Grimes was to be transferred to Golden Living Center in Plymouth where she lived. While being rolled by stretcher to the ambulance by EMT personnel, the stretcher collapsed and then tipped over, causing Grimes to fall and strike her head on the pavement. Grimes suffered a severe brain hemorrhage and passed away four days later, after she was taken off life support. Peter Zacarelli, decedent’s brother, as representative of the estate of Barbara J. Grimes, sued American Medical Response (AMR) of Massachusetts, Inc., the EMT company involved in decedent’s transport. Plaintiff brought causes of action for negligent training and negligent supervision, resulting in decedent’s wrongful death. Zacarelli contended that EMT personnel for AMR made a negligent turning maneuver with decedent’s stretcher, which caused it to tip over and decedent to fall out and strike her head. Plaintiff claimed the incident was caused by the EMTs’ failure to properly secure a locking mechanism on the stretcher, causing it to tip. Furthermore, Zacarelli contended that two years prior to the subject incident, the Massachusetts Department of Public Health issued an advisory to EMT companies on how to reduce accidents involving stretchers. Plaintiff argued that AMR received the advisory, but failed to implement it in any way, resulting in poor training and supervision of its EMT staff. AMR disputed liability, arguing that what occurred was a tragic incident outside of any negligence. While defendant admitted that the stretcher’s locking mechanism was not secured at the time, AMR argued that the stretcher collapsed partially and unexpectedly, causing decedent’s weight to shift and the stretcher to tip. AMR further argued that it already had a policy in place that was stronger than the advisory issued by the Massachusetts Department of Public Health and that it trained its EMTs accordingly.

Barbara Grimes suffered a head injury, which led to a severe brain hemorrhage and death. The plaintiff sought $7 million to $9 million in total damages for decedent’s conscious pain and suffering for the four days from the time of her injury to Grimes being taken off of life support. Zacarelli, as well as decedent’s two other next of kin, siblings Patricia Zacarelli and Sheila Cefaratti, all sought non-economic wrongful death damages.

The jury found defendant negligent and awarded $1.5 million in total damages to the plaintiff, which consisted of $1,425,000 in damages for decedent’s conscious pain and suffering and $25,000 to each next of kin (total of $75,000) in wrongful death damages.

Judge:

Robert B. Gordon

Trial Length:

7
 days

Trial Deliberations:

2.5
 hours

Post Trial:

Defendant filed a motion for new trial and remittitur, which was pending at the time of publication.

This report is based on information that was provided by plaintiff’s and defense counsel.