Landmark Decisions

1. Attorneys Mark Mandell and Yvette Boisclair recently settled an obstetrical negligence suit where, in addition to monetary damages, the settlement included the following non-economic relief:

— Newport Hospital agreed to conduct an annual seminar for at least the next 20 years concerning proper labor and delivery technique. All physicians, nurses, and other professionals treating women in labor at the hospital are required to attend.  Our clients will be allowed to present to the attendees what happened to them and their son and the lessons to be learned from the experience.  If the hospital doesn’t fulfill its obligation to hold the seminar in any given year, our clients can do that on their own and the hospital is required to reimburse them for their costs in doing so up to $100,000 for each such seminar.

— The hospital is required to change its website to add the important language that physicians may not be present in the hospital at all times during active labor. The website will also state that any physician who isn’t in the hospital is required to be able to arrive at the hospital within 30 minutes of being called to do so.

— Our clients will be given the opportunity to make a presentation to the Patient Quality Care Committee of the hospital’s Board of Directors.

2. Attorneys Mark Mandell, Yvette Boisclair and Zachary Mandell received a medical negligence verdict resulting in a judgment in the amount of $31,500,000. The claim was against Rhode Island Hospital and its employees and agents for negligently failing to identify and treat clear signs of increasing intracranial pressure. Due to the hospitals negligence, Mr. Beauchamp suffered a brain stem herniation with resulting widespread, severe and permanent brain injury.

3. Attorneys Mark Mandell and Yvette Boisclair represented Brendan Cunha in a lawsuit against multiple doctors and hospitals who failed to report the child abuse being suffered by Brendan at the hands of his biological father. After a substantial recovery, and as a result of the injuries suffered by Brendan, the Rhode Island State Child Abuse law was changed and strengthened. The law is called “Brendan’s Law.”

4.  Attorneys Mark Mandell and Yvette Boisclair represented the family and estate of Germaine Morsilli who died after months of grossly substandard care at the Hillside Nursing Home. A substantial result was obtained. As a result of the bad conduct at Hillside, the Rhode Island State Nursing Home law was changed and strengthened. The law is called the “Germaine Morsilli Nursing Facility Quality Improvement and Reform Act.”

5. Attorney Mark Mandell served as co-lead counsel of The Station Fire Litigation. The lawsuit arose out of the tragic fire that occurred at the Station Nightclub in West Warwick, Rhode Island on February 20, 2003. One hundred people died and hundreds of others were injured. Settlement of over$176,000,000 has been obtained. As a result of the Station Fire, the Rhode Island State Fire Safety Law was changed and strengthened, importantly imposing new stricter requirements concerning the installation and use of sprinklers. It is named “The Comprehensive Fire Safety Act of 2003” signed by Governor Donald L Carcieri on July 7th, 2003 and was dedicated to the victims and families of victims of the Station Nightclub fire with the express intent that “Rhode Island will never again be the place of such a tragedy.”

6. Rhode Island Senate Reapportionment Litigation – 1982
Attorney Mark Mandell represented Senator Richard Licht in this highly publicized Senate Reapportionment Lawsuit. Trial lasted three weeks before Justice James Bulman of the Rhode Island Superior Court. Justice Bulman found beyond a reasonable doubt that the reapportionment plan being challenged by Senator Licht was racially discriminatory, constituted improper political gerrymandering and violated the constitutional principle of one person one vote. The Defendants, including the State of Rhode Island, appealed. After written briefs were submitted and oral arguments were given the Rhode Island Supreme Court agreed with Justice Bulman.

7.  Attorneys Mark Mandell and Yvette Boisclair represented Daniel Ernst in his liquor liability lawsuit against Chen’s Restaurant and Timothy Beauregard (who was over served and became drunk at Chen’s). The result after a three week trial was at the time the largest verdict ever in Washington County, one of the three largest personal injury verdicts ever in Rhode Island, and the largest dram shop verdict ever in Rhode Island.

8.  Attorney Mark Mandell represented Donna & Heather Reilly against the United States seeking compensation for the severe brain injuries Heather suffered at birth due to the negligence of a Navy obstetrician. After a three week trial, the result was one of the largest, if not the largest, judgments rendered in a medical negligence lawsuit against the United States at the time. The Defendant, United States, appealed and the Reilly’s verdict was upheld on appeal for $10,000,000.00.