Amicus Announcement
SJC-09964
THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT
ARGUMENT IS SCHEDULED FOR FALL 2007.
SJC-09964
Robin K. Matsuyama, executrix v. Neil S. Birnbaum, M.D. & another
The issue presented, among others, is whether a claim for "loss of chance," that is, a claim under a theory permitting a claimant with a 50% or less chance of survival or better outcome at the time of the alleged negligence to recover damages for any negligence that reduces the chance of survival or better outcome, is cognizable under the wrongful death statute or Massachusetts law; and if so, whether proof beyond reliance on general staging and associated survival statistics is required; whether damages should be limited to actual and palpable harm stemming from the alleged negligence.
Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.
| Susan Mellen, Clerk |
May 22, 2007