Herrinton, John P.

Ms. Herlihy is an experienced trial attorney handling a variety of civil litigation matters, including medical malpractice, product liability, toxic torts and personal injury. Ms. Herlihy defends medical providers in medical malpractice, personal injury, and product liability cases. She represents physicians, physician assistants, certified registered nurse anesthetists, hospitals, medical facilities, chiropractors, optometrists, nurses, dentists, physical therapists, massage therapists, pharmacists, attorneys and other professionals in both state and federal courts and before licensing and administrative boards.

Ms. Herlihy also represents property owners and product designers, manufacturers and distributors in the defense of product liability, toxic tort and other negligence claims, including but not limited to asbestos, formaldehyde, benzene and mold.

Ms. Herlihy was selected, based on a vote of all licensed attorneys in the state and a review by an independent blue ribbon panel, as a “Rising Star” Super Lawyer from 2005-2010 and as a Super Lawyer in 2011 and 2012.

Representative Trials/Significant Decisions:

• In May 2011, Attorney Jennifer Herlihy and Attorney Michael Barkley obtained dismissal of all claims asserted against their client, a psychiatrist. The plaintiff alleged that the defendant was negligent in the medications he prescribed and the manner in which he treated the decedent for depression and anxiety, allegedly resulting in the decedent's sudden death from aspiration vomitus following ingestion of alcohol and methadone. On behalf of the defendant, Attorneys Herlihy and Barkley filed a Motion for Summary Judgment on the basis that the defendant's duty of care did not extend to taking the measures that allegedly would have prevented this patient's death, and further that the plaintiff could not sustain her burden of proof in establishing a causal connection between any negligent act or omission by the defendant and the decedent's death. The Court allowed the defendant's Motion, dismissing all claims against the defendant psychiatrist.
• In August 2010, Jennifer Herlihy received the Court's decision in their client's favor in a permanent injunction suit in Rhode Island involving their client's use of an outdoor wood fired boiler ("OWB") in a rural area to heat their home. The case was tried before Judge Rodgers over various days by Attorneys Herlihy and Mastan from July-September 2009. The plaintiffs contended the use of the OWB constituted negligence, trespass and nuisance. The defense provided evidence that the operation of the OWB was appropriate, especially for the location, and did not constitute any tort or cause harm and used expert testimony in support. The Court held that the plaintiffs did not sustain their burden on any of the Counts tried and cited the expert testimony, the lay witness testimony and testimony of the defendants in reaching her decision. The complete 30 page decision can be found at http://www.courts.ri.gov/superior/pdf/09-908.pdf.
• In April 2010, Jennifer Herlihy obtained a defense verdict in a Middlesex Superior Court jury trial on behalf of a psychiatrist after 3 weeks of testimony. The plaintiff Estate alleged that the psychiatrist, as well as other defendants, incorrectly prescribed medications, including methadone, that caused the death of their son. The jury returned a verdict of no negligence on behalf of the psychiatrist.
7) Please add a section “Presentations/Articles”

INVITED PRESENTATIONS

• Brigham & Women Hospital’s OB/GYN Grand Rounds on 4/3/13- Legal Presenter 

• “Through A Glass Clearly”- Clinical Risk Management Seminar- October 1 and 22, 2005

• “It’s Not just a Paper Chase: Making the Case for Documentation” – Legal Member of the Mock Trial Team and Panel Discussion, March 29, 2006

• “Depositions- Expectations vs. Realities”- Legal Member for MMS presentation, January 16, 2007

• “Judgment Day: Surviving a Trial”- Legal Member for MMS presentation, January 31, 2007

• “Asbestos: Re-Ignited”- Legal Member for Presentation- February 20, 2007 

• “Preventing and Controlling Infectious Agents in Healthcare Facilities” – Presentation- May 21, 2007

• “What To Do When You’ve Been Served”- Grand Rounds- June 26, 2007

• LexisNexis Professional Development Teleconference Series: “Time Management”- January 24, 2008

• “Mock Deposition”- Legal Member, April 24, 2008

• “Depositions- The Key to Your Defense”- MAPU, April 30, 2008

• “The Massachusetts Board of Registration of Chiropractors”,  Massachusetts Chiropractic Society, ”- September 25, 2009

• “Direct Exams/Cross Exams,” MCLE, 13th Annual Personal Injury Law Conference 2010- April 30, 2010

• “Direct and Cross Examination Skills Workshop”, MCLE, June 29, 2012