Massachusetts Lawyer, Eric J. Parker, Retained in Gastric Bypass Death Case In Boston Parker Scheer LLP has been retained by the family of a 37-year-old Lawrence, Massachusetts woman, who died just two days after undergoing surgical "stomach stapling" at Brigham and Women’s Hospital in Boston. According to published news reports, while the cause of death remains under investigation, a "misfiring" of the staple gun used in the procedure was initially blamed by the surgeon. The procedure, known as a “Rouz-en-Y” gastric bypass, involves the creation of a small pouch from the patient's stomach, leaving the stapled-off portion of the stomach non-functional, thereby fascilitating weight loss. Attorney Eric J. Parker, director of Parker Scheer's Complex Personal Injury Group, was retained by the estate of the deceased woman to handle the case.
	Garrett J. Lee Joins Parker Scheer's Business Law and Litigation Group Garrett J. Lee has joined Parker Scheer as a litigation associate in the firm’s Business Litigation Practice Group. Mr. Lee concentrates in the areas of commercial litigation, land use and zoning, copyright and trademark infringement, and general business law. Prior to joining the firm, Mr. Lee was an associate with Posternak, Blankstein & Lund, LLP, in Boston, Massachusetts. Mr. Lee began his litigation career at the Boston office of Burns & Levinson, LLP. Mr. Lee is admitted to the bars of the Commonwealth of Massachusetts, the United States District Court of Massachusetts, the United States Court of Appeals, and the First Circuit. He is a graduate of Northeastern University School of Law. Prior to attending law school, Mr. Lee studied abroad at the University of London, Goldsmiths College, London, England. While at Northeastern University School of Law, Mr. Lee was awarded the Denise Carty Benia Bar Award and served as research assistant to the dean. Mr. Lee was also formerly a community planner with the National Park Service in Boston. He currently resides in Cambridge, Massachusetts.
	Alison L. Klein to Lead Parker Scheer's Domestic Relations Practice Alison L. Klein has joined Parker Scheer as practice director of the firms domestic relations practice. Ms. Klein is a 1989 graduate of New England School of Law, and brings more than 10 years of experience in the area of domestic relations law. Before founding her own practice, Attorney Klein was a Senior Technical Specialist for the Travelers Insurance Company. Ms. Klein makes her home in Newton, Massachusetts.
	NBC Nightly News With Tom Brokaw Broadcasts Live From Parker Scheer's Boston Offices The Nightly News with Tom Brokaw selected Parker Scheer's waterfront terrace from which to broadcast the program, which aired Wednesday, July 21st, 2004 at 6:30 PM EST. Maralyn Gelefsky, Production Manager for Nightly News and Specials for NBC News selected Parker Scheer's offices for the broadcast because of its unique views of Boston, including the FleetCenter, the site of this year's Democratic National Convention.

Recent Case Results

Personal Injury

Injured in Motor Vehicle Accident; Insurer Challenges Injuries
The plaintiff, a 42-year-old male, was standing outside a building in a shopping plaza reviewing blueprints when he was struck by a vehicle, which backed into his right knee. The vehicle's rear bumper struck the inside of the plaintiff's right knee. As a result of the accident, the plaintiff sustained cartilage damage to his right knee, which required arthroscopic surgery.

The defendant argued that the plaintiff's injury could not have been related to the motor vehicle accident given the low speed of the impact and that there was a six-month gap in treatment following the initial emergency room visit. The defendant further alleged that the plaintiff had a surgical procedure on that knee the year prior. An investigation on behalf of the plaintiff revealed that the medical records were not accurate. The plaintiff was able to prove that the prior surgical procedure was performed 10 years earlier and not one year prior to this motor vehicle accident, as the defendant argued. As a result, Parker Scheer was able to successfully recover on behalf of our client.

Business Litigation

Parker Scheer Successfully Prevents Issuance of Injunctive Relief
On May 25, 2004, Parker Scheer successfully challenged a Motion for Preliminary Injunction brought by a former employee of its client, a Massachusetts catering company. This former employee, also a 49 percent shareholder and director of the closely-held corporation, had been terminated after it was discovered that she had made several poor business decisions that negatively affected the company's cash flow, including overpaying rent by $40,000, and purchasing an expensive and non-returnable computer program that was incompatible with the company's existing system.

Following notice of her discharge, the former employee brought a Motion for Preliminary Injunction against the catering company seeking: (1) to be reinstated as an employee; (2) to be permitted access to the company's business and financial records; and (3) given access to the company's Controller in order to verify the company's current financial condition. Parker Scheer was retained by the catering company to prevent the injunction from being issued.

Attorney Barry Scheer, director of Parker Scheer's Business Law and Litigation Group, represented the catering company and argued against the issuance of the injunction. After a full hearing, Judge Allan van Gestel, of the Suffolk County Superior Court, ruled in favor of the catering company and against the former employee, holding that the petitioning employee had failed to show that she was likely to be successful on the merits of her case, and that she failed to demonstrate irreparable harm if the motion was not granted.

Massachusetts Legal Summaries

Child Support Increased Based on Income Disparity
The Massachusetts Appeals Court recently upheld a decision of the Probate & Family Court to increase a divorced father’s child support payments because of changes in the children’s needs and a disparity in the standards of living between the divorced father’s household and the custodial mother’s household. [read the full summary]

Woman Not Ordered to Pay Support After Oral Contract to Become Parent
The Massachusetts Supreme Judicial Court recently ruled that a woman was not obligated to pay child support to her former partner for a child conceived through artificial insemination because an oral contract the two reached to have the child could not be considered enforceable by the court. [read the full summary]

Town’s Bylaw Restricting Building Ruled Unconstitutional
The Massachusetts Supreme Judicial Court recently ruled that a town’s amendment to its zoning bylaws restricting the number of building permits issued in town for an unlimited duration was unconstitutional. [read the full summary]