http://hlrvd.com RSS feeds for LVD 60 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/14/Attorney-Lynch-wins-for-his-client.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=14 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=14&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/14/Attorney-Lynch-wins-for-his-client.aspx Attorney Lynch wins  $300,000 for his client in a medical malpractice case. Jurors on Monday found that Dr. Jan Kippax and his oral surgery business in Lewiston were negligent in treating a patient in 2011, and awarded a Minot man $300,000 in damages The verdict followed 2½ hours of deliberation on the fifth day of the civil trial at the Capital Judicial Center. Steven Darnell Jr., 35, charged that Kippax failed to comply with applicable standards of care when Darnell developed a massive infection in early January 2011, just days after Kippax extracted two of his molars. In closing arguments, Darnell’s attorney, Scott Lynch, asked jurors to find that both Kippax and Androscoggin Oral & Maxillofacial Surgeons, P.A., were negligent and suggested jurors award Darnell $48,266.82 for his medical bills, $295,000 for pain and suffering during a week at home, two weeks in the hospital and three months of daily trips to an infusion lab to receive antibiotics. Lynch held up for jurors a color photo of Darnell’s face at the time showing the lower portion of his jaw swollen to twice normal size. He said doctors had to operate on Darnell’s jaw and put in drains to eliminate the pus that had built up from infection. Lynch also told jurors to decide for themselves an amount to compensate Darnell for the scar he now bears and the lasting effects to the left side of his face. “This changed Steven’s life,” Lynch said. Kippax’s attorney, Mark Lavoie, said Kippax properly treated Darnell, seeing him on Jan. 3, 2011, just three days after the teeth were extracted when Darnell complained that he remained in severe pain. Lavoie said Kippax saw no evidence of infection at that point and that Darnell failed to follow Kippax’s discharge instructions to rinse his mouth with salt water and to avoid smoking. Lavoie also said that Darnell did not return for help after that one follow-up visit and instead chose to go to the emergency room at Central Maine Medical Center on Jan. 5, 2011, and then on Jan. 7, 2011, when he was admitted. “It’s not an infection Dr. Kippax gave him,” Lavoie said. “It’s not an infection that Dr. Kippax failed to see.” He added, “In the end, Dr. Kippax provided good care. He took out teeth that needed to come out, he did it expertly, and he saw the patient when he requested a follow-up.” A number of experts testified on both sides. After the jury verdict, Lavoie said, “We accept their decision. We disagree with it.” He added. “It’s very disappointing to the doctor, obviously.” Lavoie said the money will come from Kippax’s malpractice insurer. The verdict was returned in an unusual form. Instead of sending a note indicating the jury had reached a verdict, the jury sent the verdict to Justice MaryGay Kennedy, who presided at the trial. She told the lawyers just prior to the jury returning to the courtroom that she had not looked at it, and a clerk read it aloud once the jury returned. Jurors voted 8-1 to award the $300,000 in damages. After the verdict, Lynch said, “Obviously the Darnell family is delighted they had the opportunity to present Steven’s story to the jury. We just wanted to expose Dr. Kippax’s office practices.” Lynch referred to Kippax’s estimation that he had treated 97,000 people and extracted 400,000 to 500,000 teeth. Lynch said it was an “extraction mill.” The case, which originated in Androscoggin County Superior Court, was moved to Kennebec County for trial because of the amount of pre-trial publicity. Kippax’s license to practice dentistry was suspended for 30 days earlier this year by an order of the Maine Board of Dental Practice, which is in the midst of a hearing regarding a number of complaints filed against him by patients. In the meantime, Kippax continues to practice. Lynch said, “We’re hoping that the state dental board will take a look at this verdict and what the average person can do if they just stand up and tell their story.” Kippax was the defendant in a similar malpractice lawsuit brought in Kennebec County by a Hallowell woman in 2009. Kippax prevailed in that case, and the Maine Supreme Judicial Court affirmed that verdict on appeal. News kgirouard Fri, 20 Oct 2017 15:55:00 GMT f1397696-738c-4295-afcd-943feb885714:14 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/13/Attorney-Van-Dyke-settles-wrongful-death-claim.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=13 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=13&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/13/Attorney-Van-Dyke-settles-wrongful-death-claim.aspx BANGOR, Maine — The family of a Bangor man who died after being subdued by Bangor police using a stun gun has settled a lawsuit against the department for $525,000, according to information filed Thursday in U.S. District Court. Phillip McCue, 28, died at Eastern Maine Medical Center on Sept. 17, 2012, five days after Bangor police attempted to arrest him at an apartment building on First Street. The autopsy concluded that McCue died as a result of complications from overdosing on bath salts. His father, Michael McCue of Jackson, filed an eight-count, $6.65 million wrongful death lawsuit in March 2014. “The family is pleased that the matter has been satisfactorily resolved,” the father’s attorney, David Van Dyke of Lewiston, said Wednesday by email. The defendants in the lawsuit, who were officers when the incident took place, were Kim Donnell, Wade Betters, Joshua Kuhn, David Farrar and Chris Blanchard. “We are pleased that this matter has been resolved,” Bangor Police Chief Mark Hathaway said Wednesday in a statement. “A resolution is in the best interest of all. “We understand the grief of the McCue family and again extend our sympathy,” he continued. “The Bangor police officers involved in this matter appropriately utilized established procedures in their interaction with Mr. McCue and this settlement in no way suggests that their actions caused Mr. McCue’s death.” A jury trial was scheduled for July in federal court in Bangor on whether the officers reasonably should have known that Phillip McCue had stopped resisting arrest and that the forced they used after he ceased resisting was excessive. It could not be determined how the settlement in McCue’s case compares with settlements in other excessive force cases because they are not tracked by one organization in Maine and are categorized under the umbrella of civil rights cases in federal court. While excessive force cases most often are filed in federal court, they also can be handled in state court. One of the most recent settlements in a Maine excessive force case that resulted in a death was reached in February 2014. The state agreed to pay $225,000 to the relatives of a Sangerville man who was fatally shot by a state trooper. Michael Scott Curtis, 46, left his Sangerville home after an argument with his wife on Nov. 29, 2011, and went to Hilltop Manor in Dover-Foxcroft, where his wife’s ex-husband, Udo Schneider, was working, according to authorities. Curtis shot Schneider, 53, to death and then traveled to the Piscataquis County Fairgrounds, where he was killed by Trooper Jon Brown. The attorney general’s office concluded in July 2012 that Brown was justified in using deadly force. div.ntv-moap-box { margin: 10px 0px !important; width: 100%; overflow: hidden; padding: 10px; background: #f7f6f6; border: 1px solid #006743;} div.ntv-moap-image { position: relative; margin-right: 15px; float: left; padding-bottom: 0; } div.ntv-moap-entry a { text-decoration: none !important;} h1.prx-moap-title {font-size: 20px !important; line-height: 22px !important; display: flex; margin-bottom: 0px !important;} h1.prx-moap-title:hover {color: #3b5a7a !important;} kgirouard Fri, 16 Jun 2017 07:54:00 GMT f1397696-738c-4295-afcd-943feb885714:13 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/11/Attorney-Van-Dyke-wins-Spousal-Tort-Claim-for-client.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=11 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=11&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/11/Attorney-Van-Dyke-wins-Spousal-Tort-Claim-for-client.aspx Jury awards damages to ex-wife of Sabattus police chief. The police chief of Sabattus on Wednesday lost a civil suit brought by his ex-wife who accused him of abusing her throughout their 24-year marriage.  A jury of six men and three women deliberated for less than 90 minutes before awarding Lori Cougle $5,000 on a count of assault and battery and $5,000 on a count of infliction of emotional distress. The jury did not find that Gary Baillargeon acted with malice against his ex-wife.  Cougle's attorney, David Van Dyke, said after the verdict: "We wanted to establish that the abuse had happened for 24 years. It was horrible. She should have left earlier. She didn't. That's unfortunate for everyone . . . The jury spoke clearly."  The three-day trial got underway Monday and wrapped up late Wednesday.  Baillargeon and Cougle testified, as did their two children.  According to the initial complaint filed in September 2014, six months after divorce proceedings began, Cougle said that during their marriage and specifically within the two years preceding the complaint, Baillargeon “committed multiple acts of physical assault and violence" upon her and “threatened further violence.”  She also alleged he struck her on multiple occasions, “violently pushed her head into walls,” and frequently grabbed and restrained her body with “sufficient force and severity to cause injury.”  Van Dyke said in his opening statement that this case was “about 24 years of domestic violence in (Cougle's) household by her ex-husband, who was for many years a police officer, and is now the police chief of Sabattus.” Van Dyke said that even after the divorce proceedings began, she remained afraid to file a claim on the abuse and waited six months.  “I wish that, rather than money, Lori could get some parts of her life back, but that's not the way our system works,” he told the jury.  Sarah Glynn, the attorney representing Baillargeon, said Monday that the position of her and her client was that Cougle was “enraged that her husband had left the home.”  “Gary and Lori had their issues, and it's not unusual that they would argue,” Glynn said. “Their interests were often at odds with one another.”  She also asked the jury to consider the fact that despite the claims being levied against Baillargeon, no reports were filed to the police, counselors or doctors until six months after divorce proceedings began, and that no protection orders were filed.  Sabattus Town Manager Tony Ward said Wednesday that town officials would investigate whether Baillargeon violated any standards of the Maine Criminal Justice Academy and forward their findings to the academy of whether or not there appeared to be criminal conduct. The academy would determine whether Baillargeon would keep his certification. Certification is required of anyone serving as police chief, Ward said. kgirouard Thu, 02 Feb 2017 07:46:00 GMT f1397696-738c-4295-afcd-943feb885714:11 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/9/Victory-for-Attorney-Lynch-and-his-client.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=9 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=9&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/9/Victory-for-Attorney-Lynch-and-his-client.aspx LEWISTON — A Greene man who had been told he had a fatal form of cancer by a local hospital's doctor won't have to go to trial to prove his case again.   The Maine Supreme Judicial Court ruled Tuesday that the jury verdict delivered in favor of Wendell Strout at his civil trial last year in Androscoggin County Superior Court should stand. Central Maine Medical Center appealed the verdict to the state's highest court, arguing that the trial judge shouldn't have allowed a 2009 letter from a hospital executive to Strout which admitted that Strout's doctor should have waited for more conclusive test results before issuing a fatal diagnosis, which turned out to be wrong. In that letter, then-President and CEO Laird Covey sympathized over the anguish the premature diagnosis caused Strout. The hospital's appeal was heard in oral arguments by the high court in April in Portland. Active-Retired Justice Robert Clifford had allowed the jury to hear one sentence of Laird’s letter in which he refers to an April 2009 meeting between Strout and his CMMC doctor: “He realizes now that, prior to sharing his clinical impressions with you, he needed to wait for the results of the biopsy to confirm what the cancer was.” In April 2009, Strout was suffering abdominal pain and sought treatment at the hospital's emergency room, according to court documents. A CT scan showed a large lesion on Strout's liver. Dr. Ian Reight, a general surgeon at CMMC at that time, made a preliminary diagnosis that the cancer was of “hepatic, biliary or pancreatic origin,” according to court records. Several days later, Strout met again with Reight, who told him he may have hepatic or pancreatic cancer, which would be inoperable due to its size and location. If that were the case, even with chemotherapy, Strout wouldn't be expected to live more than a year, he was told. More than a month later, Strout found out he actually suffered from the less-menacing non-Hodgkin's lymphoma, a more treatable form of the disease, his attorney, Scott Lynch, had said. Strout had taken time off from his job as animal control officer in Lewiston and surrounding municipalities. He had sought to provide for his wife before dying. The jury awarded Strout $200,000 in damages, one-third more than he had sought. kgirouard Wed, 11 Jun 2014 15:59:00 GMT f1397696-738c-4295-afcd-943feb885714:9 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/2/Greene-man-wins-200000-lawsuit-for-cancer-misdiagnosis.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=2 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=2&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/2/Greene-man-wins-200000-lawsuit-for-cancer-misdiagnosis.aspx LEWISTON, Maine — In April 2009, a doctor at Central Maine Medical Center told Wendell Strout that he had pancreatic cancer. Not just any cancer, but a very aggressive, Stage 4 form that would almost certainly end his life.   Strout was told “that his life will most likely be measured in months,” according to a court document.   That diagnosis was wrong. What Strout actually had was the less-menacing non-Hodgkins lymphoma, a much more treatable form of the disease.   On Thursday, more than four years after receiving the news, a jury in Androscoggin County Superior Court awarded Strout $200,000 in damages. Strout and his lawyer, Scott Lynch, had asked for $150,000.   “They understood how devastating this news was,” Lynch said of the jury’s decision, “even for a short term.”   Strout had sued CMMC for damages, citing “tremendous emotional distress” as well as lost income and loss of enjoyment.   In April and May 2009, Strout, now 47, thought his days were numbered, according to court documents. He began to prepare for the eventuality, taking time off from his job as animal control officer and trying to figure out how to provide for his wife before dying.   Strout eventually got the good news that his affliction wasn’t as dire as initially believed. It was a great relief, Lynch said, but it also took a toll on the man emotionally. A CMMC physician had been much too quick to share his diagnosis.   “There are some things you have to get right the first time,” Lynch said.   In the suit, former CMMC doctor Ian Reight was accused of failing to procure pathology results prior to advising his patient that he “faced certain death,” according to court documents.   The suit also claimed the doctor was negligent in interpreting the results of a CT scan.   Reight has since left CMMC to join another medical group. In a 2009 letter to Strout, hospital President Laird Covey described Reight as “a very dedicated, caring” provider who believed he was acting in Strout’s behalf when he announced the diagnosis.   In Androscoggin County Superior Court, however, the jury agreed with Lynch and Strout that the misdiagnosis had caused the patient unnecessary anguish.   According to Lynch, it was the first time in his experience that a jury in a civil trial awarded more money than what was asked for in the suit.   kgirouard Wed, 23 Oct 2013 08:57:00 GMT f1397696-738c-4295-afcd-943feb885714:2 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/3/Minot-officials-not-happy-with-court-decision.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=3 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=3&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/3/Minot-officials-not-happy-with-court-decision.aspx It is a permit Starbird has been seeking since he handed in his building permit application on May 14, 2010.   Code Enforcement Officer Ken Pratt's subsequent determination that Starbird's property didn't have sufficient frontage on a town-accepted road — or a proper right of way to the town-accepted portion of York Road — touched off a legal firestorm that ended Tuesday when the Maine Supreme Judicial Court ruled in Starbird's favor.   “We're not really happy, but we'll abide with the decision,” Selectman Dean Campbell said.   Commenting on the court's ruling, the town's attorney, Norman Rattey, said, “Case closed.”   Rattey noted that the court, in examining the language of Minot's land-use code, determined that Starbird's interpretation of the term "right of way" included “a public easement.”   That was important because it went to the heart of Starbird's argument.   Starbird had argued that the unaccepted portion of York Road, which his property fronts, is a public easement which he can use as his right of way to York Road.   “Starbird won his case, but in the meantime the town has amended its ordinance to specifically say that a public easement can't qualify as a right of way. It's not going to happen again,” Rattey said.   Town Administrator Arlan Saunders noted that while the court decision applies to a single building permit to build one house, Starbird has indicated that he might like to build more houses under the ordinance's provision for development on back lots.   “Chuck will get his building permit, one building permit. It will be up to Ken and the Planning Board to see if he is allowed a back lot,” Saunders said. kgirouard Fri, 09 Mar 2012 09:09:00 GMT f1397696-738c-4295-afcd-943feb885714:3 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/5/Lewiston-attorney-wins-21-million-case-against-Cuba.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=5 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=5&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/5/Lewiston-attorney-wins-21-million-case-against-Cuba.aspx David Van Dyke, an attorney with the Lewiston-based law offices of Hornblower, Lynch, Rabasco and Van Dyke, said he worked with the plaintiff, Sherry Sullivan, for about two years leading up to the Aug. 10 decision in Waldo County Superior Court.   Sullivan alleged that Cuban officials caused the wrongful death of her pilot father, Geoffrey Sullivan, after he was shot down over Cuba and imprisoned in 1963 while on a covert mission.   Also named in the suit were former President Fidel Castro, President Raul Castro and the Cuban army. Those defendants were dismissed by Waldo County Superior Court Justice Jeffrey Hjelm because it could not be determined whether they received the documents.   The Bangor Daily News reports the Swiss Embassy in Havana served a copy of the suit to the Cuba Ministry of Foreign Affairs in 2008. Cuba never responded, leading Hjelm to issue his default judgment.   "This is a large judgment for Maine," Van Dyke said, adding that Sullivan was referred to him because of his experience with international law. "We fully expect every penny to be collected."   Van Dyke said there are several ways to recover the settlement, one being to freeze Cuban assets held by the United States. International counsel from two countries that do trade with Cuba have also been retained by Van Dyke's firm, in another move to aid with collections.   "Cuba has relations with Canada and other countries and there's money flowing back and forth that can be secured," he said. He declined to name the two countries. Van Dyke also declined to share specifics on how much his law firm would earn for its work on behalf of Sullivan.   "This was a larger than standard contingency agreement, based on the difficulty of reaching a judgment," he said. "If you want quality counsel, you have to pay a premium."   Nationwide, similar cases have been judged in the past and others are being pursued, Van Dyke said.   Due to federal legislation passed in 1996 addressing state-sponsored terrorism, state and federal courts have concurrent jurisdiction over such cases. Van Dyke said he chose to try the matter in the state court because "local law is good law."   The Associated Press contributed to this report. kgirouard Fri, 21 Aug 2009 09:53:00 GMT f1397696-738c-4295-afcd-943feb885714:5 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/4/400000-Maine-Personal-Injury-Settlement-for-Elderly-Mans-Personal-Injuries.aspx#Comments 0 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/RssComments.aspx?TabID=115&ModuleID=519&ArticleID=4 http://hlrvd.com/DesktopModules/DnnForge%20-%20NewsArticles/Tracking/Trackback.aspx?ArticleID=4&PortalID=0&TabID=115 http://hlrvd.com/News/tabid/115/articleType/ArticleView/articleId/4/400000-Maine-Personal-Injury-Settlement-for-Elderly-Mans-Personal-Injuries.aspx An elderly Maine man who was injured during a medical procedure two years ago was recently awarded a  $360,000 personal injury settlement while his wife was granted an additional $40,000 for her suffering. 76-year-old Rodney Sawtelle suffered a punctured ulna nerve when a Franklin Memorial Hospital nurse inserted a needle into his forearm during a hospital visit. Maine personal injury attorney Scott Lynch said that the injury left his client without the ability to use his right hand, which consequently prohibited him from performing duties at the heavy equipment garage that he owned and operated.     A SunJournal.com story said that the Maine jury took about 2½ hours to come to a 6-3 decision in favor of the right-handed Sawtelle, who also cannot effectively feed himself according to Lynch. The jury determined that Sawtelle was entitled to compensation for his inability to perform his job, which requires the use of both hands to operate heavy equipment. The jury kicked in $40,000 to Frances Sawtelle, who suffered through the loss of her husband’s wages.   The story said that the couple was happy with the Maine elderly abuse personal injury settlement. Married for 52 years, the couple added that the injury continues to affect their lives. The story added that the identity of the nurse was not immediately available, and the hospital was not reached for comment at the announcement of the settlement. kgirouard Thu, 01 Mar 2007 09:34:00 GMT f1397696-738c-4295-afcd-943feb885714:4