Liberty Mutual’s insured was injured in a car accident in 2003 and sought physical therapy with N.E. Physical Therapy Plus, Inc. (NEPT).  NEPT billed Liberty $4,465.00 for the services rendered.  Liberty did not dispute the necessity of the services, however, it only paid $3,730.68 based solely on Liberty’s internal assessment, using a third-party database known as Ingenix.  Liberty claimed that, based upon the Ingenix database of medical charges, NEPT’s bills were unreasonable.

The Ingenix database, according to the decision, consists of a collection of medical charges, voluntarily reported by various insurance companies including Liberty and other insurers, which reflects an “ambiguous ‘cost’ of a specified service in a particular geographic region.”  Ingenix then uses a “relative value scale” to convert the raw data into derivative charges.

NEPT sued Liberty for the outstanding balance of $734.32 and won at the district court level.  Liberty appealed and lost again at the Appellate Division of the District Court.  Liberty appealed again to the three member panel of the Massachusetts Appeals Court.

The Appeals Court confirmed what the Appellate Division found regarding Ingenix and the fact that the database was voluntarily provided by only some insurers, that Ingenix disclaimed audit controls, that Ingenix failed to certify the accuracy of the information, and that the data was simply unreliable.  At the Appeals Court level, Liberty argued that the data was reliable and admissible under M.G.L. c. 233, § 79B (Fact statements published for persons in a particular occupation).  However, based upon the previous decision in Davekos v. Liberty Mut. Ins. Co., 2008 Mass.App.Div. 32 (2008), the Appeals Court held that the underlying unreliability of the Ingenix database made it inadmissible at trial.

This is a HUGE victory for those who provide medical services to people injured in motor vehicle accidents.  Insurance companies can no longer use databases, such as Ingenix, which have insufficient reliability, to reduce bills.

If you have any questions about this case or any other matters, please contact Attorney Robert Mazow at rem@helpinginjured.com.

The bags of salad that are affected by this recall have a UPC code of 71430 01057 and product codes of 0577N089112A and 0577N089112B.  The bagged salad also has a use by date of April 11, 2012 stamped on the upper right hand corner of the package.

As of yet, no illnesses have been reported.  If anyone has a bag of salad that has been affected by the recall, it is urged that you throw it out.

Salmonella poisoning can be severe or life threatening to children, the elderly and pregnant women.  Some symptoms of salmonella are diarrhea, fever and abdominal cramps within 72 hours of eating contaminated foods.

If you or a loved one has been the victim of a food borne illness, or if you have any questions about a salmonella outbreak in your state, contact the personal injury lawyers at Mazow/McCullough, P.C. for a free consultation. You can contact us at 978-744-8000 or info@helpinginjured.com.

The right lawyer makes all the difference.

The driver of the Isuzu was ejected from the car and was transported via med-flight to a Massachusetts hospital.  The driver has extensive life-threatening injuries. The other driver involved didn’t suffer any injuries.  Authorities are still investigating this accident as to whether or not this was indeed the result of a road rage incident and are currently trying to piece everything together.

If you have any questions or you or a loved one have been a victim of someone driving negligently, please contact the law office of Mazow|McCullough, P.C. for a free consultation and to learn more about your legal options.  You can contact us at (978) 744-8000 or info@helpinginjured.com.

The right lawyer makes all the difference.

The woman was said to be driving at about 113 mph when she rear-ended a vehicle causing the death of a passenger as a result.  The woman then left the scene but was picked up about a mile away by authorities.

If you have any questions or you or a loved one have been a victim of someone who was driving under the influence, please contact the law office of ‌‌‌‌Mazow|McCullough, P.C. for a free consultation and to learn more about your legal options.  You can contact us at (978) 744-8000 or info@helpinginjured.com.

The right lawyer makes all the difference.

Walmart Stores across the country have issued a recall on eight ounce packs of Cruller Bakery Pastries. The pastries that are affected look similar to a doughnut and are being recalled for failure to add a certain allergen to the ingredient list.  The allergen that is found is Sodium Caseinate, which is a milk derivative.  Those that are allergic to milk may experience serious or life threatening allergic reactions if they consume this product.

The packages involved in this recall are packages that have been marked with the UPC code of 787429847.  These packages are postmarked with expiration dates of on or before February 9, 2012.  If you have these pastries that are affected by this recall, either please discard them or return them to your nearest Wal-Mart store for a full refund.  These pastries were sold in Wal-Mart Stores nationwide.

If you have any questions or you or a loved one is a victim of a severe allergic reaction to improperly labeled food, contact the law office of ‌‌‌‌Mazow|McCullough, P.C. for a free consultation to learn more about your legal options.  You can contact us at (978) 744-8000 or info@helpinginjured.com.

The right lawyer makes all the difference.

Contact a Massachusetts Pedestrian Accident Lawyer

My name is Kevin McCullough, with the law offices of Mazow and McCullough.  If you have been injured, you need legal assistance, you have questions, you deserve answers to those questions and you deserve the best. Call our offices.

A Massachusetts driver is charged with several serious offenses after causing a multiple car accident. The driver was reported to police by another motorist, who followed him until police arrived on the scene.  The driver, Harold Medeiros, was allegedly intoxicated, driving erratically, texting while behind the wheel and oblivious to the police attempting to pull him over.

When the driver came to an intersection he rear ended a car that was stopped at a red light, causing a four car accident. Two people were transported to area hospitals while the driver was taken to SNH Medical center with unknown injuries.

Harold Medeiros is being charged with driving while intoxicated, yellow line violations, failure to yield to an emergency vehicle and traffic light violation.  He is due in court in February.

If you have any questions or you or a loved one have been a victim of someone who was texting and driving or driving under the influence, please contact the law office of ‌‌‌‌Mazow|McCullough, P.C. for a free consultation and to learn more about your legal options.  You can contact us at (978) 744-800 or info@helpinginjured.com.

The right lawyer makes all the difference.

Tanya Scott lost her husband two years ago in a tragic accident.  Her husband, Dennis Scott was struck by a truck that was owned by Kayem Foods.  Mr. Scott was near a freightliner tanker truck that he had just repaired on the breakdown lane when he was struck by the Kayem Foods truck.

The driver of the truck is being charged with vehicular homicide as well as marked lanes and breakdown lane violations.  Mrs. Scott is also bringing suit against Kayem Foods alleging they were negligent in the hiring of the truck driver given his extensive violations on his driver’s license.

If you have any questions about wrongful death claims, please contact the law office of ‌‌‌‌Mazow|McCullough, P.C. for a free consultation and to learn more about your legal options.  You can contact us at (978) 744-800 or info@helpinginjured.com.

The right lawyer makes all the difference.

In a car pedestrian accident in Massachusetts all your injuries are covered by the insurance company of the car that hit you. In other words, if you are crossing the street and your struck in your leg and you break your leg your medical bills will be paid for up to a certain point from the insurance company of the car that hit you. Your lost wages are going to be covered up to seventy five percent from the insurance company of the car that hit you. If you have been scarred as a result of this injury the plastic surgery that you may be required to get is covered from the insurance of the car that hit you.

Contact a Massachusetts Car Accident Lawyer

My name is Robert Mazow. I am a partner at Mazow McCullough. If you have been hurt or a family member has been hurt as a result of someone else’s negligence, call us. The right lawyer makes all the difference.

An elderly Lynn woman was the victim of a hit and run accident on Wednesday, January 12th.  The victim was coming off the bus and walking on the crosswalk to enter Union Hospital when a car hit the victim and sped off according to witness reports. The women was hit with such force, that it caused her to become airborne and she landed face down.  According to MassGeneral Hospital, the victim is still in critical condition.  As of yet, Police have yet to determine who the driver is and is asking for help from the public.  The car is said to be a dark colored Honda CRV.

If you have any questions or if you or a loved one has been the victim of a hit and run accident, please contact the law office of ‌‌‌‌Mazow|McCullough, P.C. for a free consultation and to learn more about your legal options.  You can contact us at (978) 744‑8000 or info@helpinginjured.com.

The right lawyer makes all the difference.