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AYASH v. DANA-FARBER CANCER INSTITUTE

443 Mass. 367 (2005)

LOIS J. AYASH v. DANA-FARBER CANCER INSTITUTE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 9, 2005.

Attorney(s) appearing for the Case

Kenneth W. Salinger (Steven L. Schreckinger with him) for Dana-Farber Cancer Institute & another.

Joan A. Lukey (Gabrielle R. Wolohojian with her) for the plaintiff.

Jonathan M. Albano (George Freeman, of New York, & Martin F. Murphy with him) for Globe Newspaper Company, Inc., & another.

The following submitted briefs for amici curiae:

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

Steven S. Locke for Massachusetts Commission Against Discrimination.

Robert S. Mantell, Jonathan J. Margolis, & James E. Fitzgerald for Massachusetts Employment Lawyers Association.

Laura R. Handman & Jeffrey L. Fisher, of the District of Columbia, for ABC, Inc., & others.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

GREANEY, J.

The plaintiff, Dr. Lois J. Ayash, commenced this action in the Superior Court against the defendants, the Dana-Farber Cancer Institute (Dana-Farber or the hospital); Dr. David M. Livingston; Globe Newspaper Company, Inc., publisher of the Boston Globe (Globe); and Globe reporter Richard A. Knox, seeking damages in connection with a series of events that occurred in the aftermath of the discovery that two patients enrolled in an experimental breast cancer...

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