KEENE v. BRIGHAM AND WOMEN'S HOSPITAL, INC


439 Mass. 223 (2003)

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

Supreme Judicial Court of Massachusetts, Norfolk.

April 22, 2003.


Attorney(s) appearing for the Case

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

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

The following submitted briefs for amici curiae:

Colin J. Zick & Anne Sterman for Massachusetts Hospital Association.

Carl Valvo for Professional Liability Foundation, Ltd., & another.

Ben Robbins for Associated Industries of Massachusetts.

Valerie A. Yarashus, J. Michael Conley & Kristen A. Barnes for Massachusetts Academy of Trial Attorneys.

Present: GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


GREANEY, J.

This is a malpractice case in which a baby suffered catastrophic harm within hours of his birth at the defendant hospital. We are asked to decide whether (1) a default judgment on liability was properly entered as a sanction for the defendant's failure to produce in discovery relevant hospital records that it admittedly had lost; (2) damages assessed against the defendant are limited by the $20,000 cap imposed by G. L. c. 231, § 85K, on damages recoverable...

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