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KEENE v. BRIGHAM AND WOMEN'S HOSPITAL, INC.

No. 01-P-415.

56 Mass. App. Ct. 10 (2002)

DYLAN KEENE v. BRIGHAM AND WOMEN'S HOSPITAL, INC.

Court of Appeals of Massachusetts, Norfolk.

September 19, 2002.

Attorney(s) appearing for the Case

Chris A. Milne (Marc G. Perlin with him) for the plaintiff.

Kenneth W. Salinger (Steven L. Schreckinger with him) for the defendant.

Present: PORADA, LENK, & GREEN, JJ.

PORADA, J.

Both the plaintiff and the defendant appeal from a judgment of the Superior Court awarding the plaintiff $4,108,311.66 in damages against the defendant on his amended complaint for medical malpractice. The defendant contends that the entry of a default against it by a Superior Court judge as a sanction for its failure to produce lost hospital records under Mass.R.Civ.P. 37(b)(2)(C), as amended, 390 Mass. 1209 (1984), was not warranted by the circumstances...

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