Jeffrey S. Raphaelson is a trial lawyer with over twenty-five years experience resolving business disputes and complex, serious personal injury matters. Mr. Raphaelson focuses his commercial litigation practice on partnership and shareholder disputes, unfair and fraudulent business practices, insurance disputes, and construction disputes. His personal injury practice concentrates on medical malpractice, product liability, and automobile accidents, typically involving catastrophic injury, brain damage or wrongful death.
Top Five* Medical Malpractice Settlement In 2018
Represented 68 year-old woman in settlement of her claims against gynecologist who misdiagnosed a cancerous tumor as a benign cyst.
Top Ten* Medical Malpractice Settlement in 2015
Represented a Worcester County teen and his mother in settlement of their claims against a surgeon at a leading Boston hospital.
Top Five* Medical Malpractice Settlement In 2011
Represented a young mother and her family in settlement of their claims against emergency room providers who misdiagnosed her brain bleed as a migraine headache.
Top Ten Jury Verdict* in Massachusetts in 2010
Established liability against Saint Vincent Hospital in Worcester for failure to properly diagnose and treat a stroke and cancer patient.
Top Ten Jury Verdict* in Massachusetts in 2007
Established liability against Otis Elevator Company, a United States escalator manufacturer, for a defective escalator manufactured and installed in the People’s Republic of China.
Boston Globe Spotlight
Represented a family in two separate malpractice claims against different hospitals for negligence leading to the deaths only nine months apart of both a toddler and her mother. The Boston Globe reported that these two cases were “…a lens into the unsettling and unseen world of medication errors, faulty diagnoses, delays in treatment, and other preventable mistakes in hospitals.”
*By Massachusetts Lawyers Weekly
Arbitration Award in Partnership Dispute
Represented two Worcester attorneys in arbitration of law firm partnership dispute and dissolution. Arbitrator found that the two former partners breached their fiduciary duties owed to Clients; and that Clients were entitled to receive virtually all of the relief that they sought in the arbitration, including attorney’s fees.
Shareholder Dispute and Excessive Compensation
Represented minority shareholder in an excessive compensation case against the chief executive officer of the corporation. The Court returned a favorable verdict on behalf of Client, finding the CEO and Board of Directors in breach of their fiduciary duties, struck the CEO’s bonus provision in his contract, and ordered the corporation to abide by a dividend distribution policy and to reimburse Client’s reasonable attorney’s fees.
Shareholder Dispute and Interference with Stock Sale
Represented majority shareholder in settlement of his breach of fiduciary duty claim against a minority shareholder who interfered with Client’s efforts to sell his stock to a third party.
Fraud and Breach of Fiduciary Duty
Represented Boston-area restaurant owner in claims against landlord and bank on charges of fraud and breach of fiduciary duty claims. Obtained jury verdict against landlord and summary judgment in favor of Client against bank for unfair and deceptive business practices in violation of the Massachusetts Consumer Protection Act. Landlord paid double damages for deliberate misrepresentation, and bank paid over a half-million dollars in punitive damages and attorney’s fees in settlement that followed.
Insurance Dispute and Fire Loss
Represented commercial landlord after insurer refused to honor insurance policy on building destroyed by fire, claiming the Client set the fire. In the two-week trial, we successfully impeached the testimony of the insurer’s forensic experts on the cause and origin of the fire.
Insurance Dispute and Disability Claim
Represented Client in claim against insurance company that refused to pay disability policy benefits after Client became totally disabled. We proved that insurer’s agent added the disqualifying statement to Client’s insurance application after he had signed it. Judge ordered the insurer to pay benefits totaling more than $1.7 million.