Martin, Magnuson, McCarthy & Kenney is an established and highly regarded firm in the field of medical malpractice defense. Our firm has extensive experience representing healthcare institutions, and individual providers from a variety of backgrounds including physicians, physician assistants, nurses, dentists and ophthalmologists in litigation and in matters before professional licensing boards. MMM&K is privileged to have a long history of working with some of the most renowned health care institutions in Massachusetts and beyond and with providers who serve as leaders in their field. Our attorneys handle all phases of medical malpractice litigation from the initial claim/60L process all the way through trial and appeal. Our attorneys are exceptionally adept in the courtroom and consistently achieve good outcomes for our clients. Many of our attorneys have been inducted as Fellows of the American College of Trial Lawyers for their experience and excellence at trial. Our appellate work has resulted in numerous reported decisions beneficial to health care providers in Massachusetts. Health care professionals from all fields can rely on our experience and expertise when targeted with litigation.

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Litigation of Civil Matters Throughout New England

The attorneys at Martin, Magnuson, McCarthy & Kenney have successfully represented professionals in a broad range of civil litigation. Our attorneys have been highly recognized for their professional accomplishments. Members of the firm have been elected as Fellows of the American College of Trial Lawyers and included in the published listing of The Best Lawyers in America as well as having received listings in Massachusetts Super Lawyers Magazine. Members of the firm have been called upon to participate in educational seminars involving civil litigation and medical malpractice actions.

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In the constantly changing environment of toxic tort and asbestos litigation, Product Group attorneys provide results-driven, cost-effective legal services to defendants by crafting creative, practical solutions to a company’s litigation. Each case is unique, and thus MMM&K attorneys take a case by-case approach while remaining cognizant of the need to minimize future litigation risk and safeguarding the value of clients. We have defended cases involving a wide range of chemicals, solvents, resins, paints, construction products, joint compounds and wall boards, roofing materials, floor tiles, refractory products, boilers, pumps and valves, brakes and other automobile components, refineries, shipyards, and industrial and chemical premises. Product Group attorneys also provide manufacturers, distributors, importers, and retailers with high quality litigation support in cases involving exposure to crystalline silica in construction products such as stone slabs and tile, including the preparation of corporate and expert witnesses. We have an in-depth understanding of regulations, industry standards, state-of-the art defenses, industrial hygiene defenses, medical defenses, and experts employed in these matters.

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The Product Group is committed to providing excellent legal representation to international, national, regional, and local clients in matters relating to product compliance issues. We advise
manufacturers, distributors, and retailers on package design, Safety Data Sheets, and website compliance.

The Product Group provides strategic advice on consumer product safety and OSHA’s Hazard Communication Standard (HazCom) along with various state requirements and schemes such as CARB, TSCA, and Green Product Certification.

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The litigation surrounding crystalline silica is related to individuals who develop silicosis caused by exposure to respirable crystalline silica (“RCS”) in excess of established occupational exposure limits and/or failure to follow regulatory standards and product warnings. Product Group attorneys have extensive experience in defending against these complex matters, specifically through offering compelling litigation advice, state-of-the art defenses, expert witness development, deposition preparation of corporate witnesses, and overall trial strategy. Our attorneys draw from experience in assessing cases and conducting comprehensive review and analysis of workplace conditions, testimony, and extensive discovery, including medical records. The Product Group at MMM&K is well versed in these matters and is capable of providing a broad range of client-tailored defenses these specific cases require.

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The Product Group has significant experience in investigating, analyzing, and presenting or defending construction claims of all types. Our firm represents construction companies, contractors, subcontractors, owners, developers, vendors, and construction materials manufacturers. MMM&K attorneys represent clients in all aspects of construction-related litigation, including construction and design defects, property damage, personal injury, and products liability. The types of claims typically at issue include negligence, breach of contract, contribution, common law and contractual indemnity, and breach of warranty. We draw from our experience, national in scope, in product liability matters to defend building envelope and water intrusions claims that often involve product-based installation claims.

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Massachusetts Alternative Dispute Resolution

Members of Martin, Magnuson, McCarthy & Kenney have been requested by courts and private parties to assist in alternative dispute resolution as arbitrators and mediators are available to assist in such alternative dispute resolution for a variety of matters that may be affecting you or your clients.

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Licensing Board and Regulatory Practice Matters

The attorneys of Martin, Magnuson, McCarthy & Kenney are dedicated to the protection of healthcare professionals. We have successfully represented clients before the Board of Registration in Medicine, the Board of Registration in Dentistry and other licensing boards in a wide range of disciplinary and licensing matters. We have assisted physicians, psychologists and other medical professionals through the license application and renewal process, as well as the defense of patient and board complaints and other civil litigation matters. We have successfully assisted our healthcare defense clients in matters involving patient and board complaints, licensing board investigations, licensing board hearings, as well as license and credentialing applications and Department of Public Health Investigations.

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Experienced Massachusetts Appeals Counsel

The attorneys at Martin, Magnuson, McCarthy & Kenney are well-equipped to successfully bring and defend appeals at the state and federal levels on behalf of our clients. We have in-depth familiarity with the Massachusetts Appeals Court and the Supreme Judicial Court. This familiarity is based on an established record of success in appellate court, most notably our contributions to the case law on healthcare defense and tort law in general, with a proven record of success.

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Martin, Magnuson, McCarthy & Kenney has expertise in representing employers in the area of employment law.  Whether an employer faces accusations of discrimination, sexual harassment, wrongful termination, or contract disputes, MMM&K can assist with the investigation, management, and litigation of claims.

MMM&K also has experience advising clients in risk management to help avoid the legal pitfalls which may be inherent in carrying on a business.  The employer-employee relationship is regulated by a complex web of laws which includes the Americans with Disabilities Act, Title VII, the Civil Rights Act, and the Family and Medical Leave Act.  MMM&K attorneys have the expertise to assist clients with navigating this potential minefield.

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Hospitality Liability – Liquor Liability

The hospitality industry is frequently faced with a broad range of risks often requiring legal expertise to assist with the investigation, evaluation, resolution, and/or litigation of complex personal injury and wrongful death claims.  The seasoned litigation attorneys at Martin, Magnuson, McCarthy & Kenney have decades of experience defending clients ranging from regional, national, and international restaurants and other business organizations to small “Mom and Pop” type restaurants, taverns, and bars.  The depth of our experience includes defending a wide array of severe personal injury and wrongful death claims alleging liquor liability (negligent service of alcohol to visibly intoxicated or minor guests); negligent security resulting in assault and battery, rape, and/or death; premises defects (slip or trip and falls, inadequate lighting, construction defects, and more general failures to reasonably maintain the premises); food poisoning and other product liability based matters; as well as catastrophic loss of property.

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Martin, Magnuson, McCarthy & Kenney attorneys are experienced in Medicare Secondary Payer (MSP) compliance particularly as issues arise during the pendency of litigation and case resolution. Martin, Magnuson, McCarthy & Kenney attorneys have worked extensively with clients to build protocols and procedures for both large and small companies to comply with the Medicare Secondary Payer Act, including the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA Section 111/Mandatory Settlement Reporting) and the state laws regarding Medicaid reporting.

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