Profile
Consistent record of excellence in the field of personal injury and medical malpractice litigation and trial work, including impressive achievements on behalf of clients which have established significant legal precedents.
Attorney Gonthier-Kiely is regularly recognized by the Massachusetts Lawyers Weekly in its annual report of the top verdicts and settlements of the year as well as for novel and precedent setting issues. This year, Massachusetts Lawyers Weekly, in its Top 10 verdicts segment, recognized Attorney Gonthier-Kiely as having won the 5th top verdict of 2010 with a $4,694,450 loss of chance verdict in Beard v. Hatch for a delay of diagnosis of colon cancer case. This verdict was also the highest reported medical malpractice verdict of 2010. She was also recognized by Massachusetts Lawyer’s Weekly as having obtained the second highest reported settlement of 2010 for a $9,000,000 settlement in the death of a 45 year old State Trooper who she contended lost his life in a motorcycle accident as a result of multiple traumatic injuries caused by the defective design of pedestrian handrailings which line the length of the Big Dig tunnels.
Attorney Gonthier-Kiely’s 2010 loss of chance verdict had been previously featured by Lawyers Weekly as the first verdict under the new mathematical formula for loss of chance damages articulated in the precedent setting 2008 Supreme Judicial Court cases of Matsuyama v. Birnbaum and companion case, Renzi v. Paredes, for which she was both trial and appellate counsel. In Renzi, Attorney Gonthier Kiely had won a $2, 800,000 loss of chance verdict in a medical malpractice case involving a delay of diagnosis of inflammatory breast cancer case. The SJC also held in Renzi that the standard for admissibility of digital images, even if enhanced, is the same for videotape and basic photographs.
About Annette Gonthier-Kiely
Admitted: 1981, Massachusetts
Professional Webpage: www.martindale.com/Annette-Gonthier-Kiely/690378-lawyer.htm
Honors and Awards:
- MATA PRESIDENT'S AWARD 2003; MATA"S "WORK HORSE" AWARD 1999; MATA'S DISTINGUISHED FACULTY AWARD 1986
- REGULARLY LISTED IN TOP JURY VERDICT/SETTLEMENTS BY MASSACHUSETTS LAWYERS WEEKLY
- HIGHEST MEDICAL MALPRACTICE VERDICT; SECOND HIGHEST REPORTED SETTLEMENT IN ALL CATEGORIES, MASS. LAWYERS WEEKLY, 2010
- "LAWYER OF THE YEAR", NORTH SHORE WOMEN'S BAR ASSOCIATION, 2012
Bar/Professional Activity:
- FORMER CO-CHAIRMAN OF MATA'S MEDICAL MALPRACTICE COMMITTEE; LONG-STANDING MEMBER OF THE MATA BOARD OF GOVERNORS
- PRESIDENT-ELECT ESSEX COUNTY BAR ASSOCIATION; SECRETARY OF THE MASSACHUSETTS ACADEMY OF TRIAL ATTORNEYS FOR 2012-2013;
Pro bono/Community Service:
- LONG TIME CONCILIATOR FOR ESSEX COUNTY BAR ASSOCIATION CONCILIATION PROGRAM
Scholarly Lectures and Writings:
- EDITOR-IN-CHIEF MASSACHUSETTS ACADEMY OF TRIAL ATTORNEY , 2002
- Medical Malpractice Update: Loss of chance after Matsuyama v. Birnbaum 452 Mass 1 (2008) & Renzi v. Paredes 452 Mass 38 (2008) wherein Supreme Judicial Court upheld loss of chance verdict on liability obtained by Atty Gonthier-Kiely and briefed and argued by her in the Supreme Judicial Court, 2009
Verdicts and Settlements:
- 2008: $4,366,000 verdict arising from a failed catheter ablation to correct a non-life threatening arrhythmia in a 39 year old mother of three. Attorney Gonthier-Kiely secured a hat trick by proving negligence, breach of contract and lack of informed consent in connection with a last minute switch from the triple board certified Chief of Electrophysiology to a foreign trained, inexperienced electrophysiologist with no board certifications, who failed to recognize the warning signs that the heart conduction system was being damaged and continued to administer radiofrequency, resulting in permanent heart block and the need for permanent pacemaker.
- 2009: $1,000,000 medical malpractice verdict for an elderly gentleman who had died before trial of unrelated causes and whom she proved had negligently been given Vancomycin prophylactically for a knee replacement surgery although he informed everyone of a previous adverse reaction to the drug, caused multi-system failure, near death, and extended hospitalization, from which he recovered.
- 2010: $1,500,000 settlement for surviving spouse and two sons of 32 year old man who plaintiffs claim was misdiagnosed with pneumonia on two visits to the emergency room after his chest x-ray was misread and his shortness of breath was not properly worked up. Plaintiff subsequently collapsed and died at home due pulmonary edema and congestive heart failure associated with congenital cardiomyopathy.
- 2010: Renzi v. Paredes, $1,000,000 settlement with the second defendant in a loss of chance of survival case involving inflammatory breast cancer where the Supreme Judicial Court of Massachusetts had ordered a new trial on damages only because of the new mathematical formula adopted in that case. (Defendant #1 had settled for $1.5 million just before the jury verdict came back in March 2005.)
- 2010: $2,000,000 settlement for failure to diagnose pulmonary embolism resulting in death of a 32-year-old mother of one child.
- 2010: $3,450,000 settlement for 30 year old young woman rendered paraplegic in a fall from open loft and ladder at a ski resort condominium which the plaintiff alleged was unreasonably dangerous, while defendants claimed plaintiff fell due to intoxication and blood alcohol level alleged to be in excess of .20% at time of the fall.
- 2010: Highest Medical Malpractice Verdict of 2010, 5th Largest Verdict in 2010 in all categories, and 1st loss of chance of survival verdict under the new law for evaluation of damages in loss of chance cases..... $4,694,500 verdict / $7,549,142 judgment for loss of chance of survival under the new mathematical formula in the delay of diagnosis of colon cancer in a 32 year old father of two young sons. (See Massachusetts Lawyer's Weekly "Year In Review", 1/24/11)
- 2010: 2nd highest reported settlement…. $9,000,000 settlement in the death of a 45 year old State Trooper who lost his life in a motorcycle accident as a result of multiple traumatic injuries caused by the defective design of pedestrian handrailings which line the length of the Big Dig tunnels. (See Boston Globe, 11/23/10, “Big Dig Lawsuit Settled for $9,000,000” and Massachusetts Lawyer’s Weekly “Year In Review,” 1/24/11)
Educational Background:
- BA SUMMA CUM LAUDE 1974 EMMANUEL COLLEGE; JD CUM LAUDE 1981 SUFFOLK UNIVERSITY LAW SCHOOL