On December 11, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Wade, Keith,
Wade Pers Rep,
and
Cirino Md, Eric S,
Good Samaritan Medical Center,
Good Samaritan Medical Practic,
Kudsi, M.D., Omar Yusef,
Mcloughlin Pa, Thomas J,
Steward Good Samaritan Medical Center Inc,
Steward Health Care Llc,
Steward Medical Group Inc,
Tas-Cgsmc Inc,
Tas-Cgsmpc Inc,
White Coat Checklist Llc,
for Torts
in the District Court of Suffolk County.
Preview
Wey
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
DOCKET NO. 1784CV4021
LISA R. WADE, PERSONAL REPRESENTATIVE OF THE ESTATE OF KEITH M.
WADE,
Plaintiff
v.
THOMAS J. McLOUGHLIN, PA; OMAR YUSEF KUDSI, M.S.; STEWARD MEDICAL
GROUP, INC.; and STEWARD GOOD SAMARITAN MEDICAL CENTER, INC.,
Defendants
EXPANDED EDORSEMENT ON DEFENDANTS’ MOTION IN LIMINE TO DISMISS
LOSS OF CONSORTIUM CLAIM
After a hearing at the Final Trial Conference on January 10, 2024 at which the court
heard arguments on the Defendants’ Motion in Limine to Preclude Plaintiff, Lisa Wade, from
Offering Any Evidence of, and Seeking to Recover for her Loss of Consortium Damages under
the Wrongful Death Statute, and upon consideration of the pleadings filed, arguments presented,
and appropriate legal standards, the Defendants’ Motion is ALLOWED. The parties agree that
the date of injury alleged was January 14, 2016, the date of marriage was March 3, 2017, and the
date of Keith Wade’s death was May 1, 2018. The issue is whether Lisa Wade may present
evidence of loss of consortium where the marriage did not occur until over a year after the date
of injury. I conclude in this case, she may not. See Charron v. Amaral, 451 Mass. 767 (2008)
(loss of consortium claim barred where marriage was after date of injury, notwithstanding that
same sex couples were unconstitutionally barred from marriage at time of injury, before
Goodridge v. Department of Pub. Health, 440 Mass. 309 (2003) decision); Fitzsimmons v. Mini
Coach ofBoston, Inc., 440 Mass. 1028 (2003) (loss of consortium claim not available to
unmarried but cohabitating couple); Feliciano v. Rosemar Silver Co., 401 Mass. 141, 142 (1987)
(loss of consortium claim barred where couple were unmarried at time of injury but had lived
together for 20 years and were married two years after injury).
So ordered this 12" day of January 2024.
Ho ah Weyland Ellis
Justice of the Superior Court
Document Filed Date
January 16, 2024
Case Filing Date
December 11, 2017
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Wey COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT DOCKET NO. 1784CV4021 LISA R. WADE, PERSONAL REPRESENTATIVE OF THE ESTATE OF KEITH M. WADE, Plaintiff v. THOMAS J. McLOUGHLIN, PA; OMAR YUSEF KUDSI, M.S.; STEWARD MEDICAL GROUP, INC.; and STEWARD GOOD SAMARITAN MEDICAL CENTER, INC., Defendants EXPANDED EDORSEMENT ON DEFENDANTS’ MOTION IN LIMINE TO DISMISS LOSS OF CONSORTIUM CLAIM After a hearing at the Final Trial Conference on January 10, 2024 at which the court heard arguments on the Defendants’ Motion in Limine to Preclude Plaintiff, Lisa Wade, from Offering Any Evidence of, and Seeking to Recover for her Loss of Consortium Damages under the Wrongful Death Statute, and upon consideration of the pleadings filed, arguments presented, and appropriate legal standards, the Defendants’ Motion is ALLOWED. The parties agree that the date of injury alleged was January 14, 2016, the date of marriage was March 3, 2017, and the date of Keith Wade’s death was May 1, 2018. The issue is whether Lisa Wade may present evidence of loss of consortium where the marriage did not occur until over a year after the date of injury. I conclude in this case, she may not. See Charron v. Amaral, 451 Mass. 767 (2008) (loss of consortium claim barred where marriage was after date of injury, notwithstanding that same sex couples were unconstitutionally barred from marriage at time of injury, before Goodridge v. Department of Pub. Health, 440 Mass. 309 (2003) decision); Fitzsimmons v. Mini Coach ofBoston, Inc., 440 Mass. 1028 (2003) (loss of consortium claim not available to unmarried but cohabitating couple); Feliciano v. Rosemar Silver Co., 401 Mass. 141, 142 (1987) (loss of consortium claim barred where couple were unmarried at time of injury but had lived together for 20 years and were married two years after injury). So ordered this 12" day of January 2024. Ho ah Weyland Ellis Justice of the Superior Court