United States First Circuit

A defendant in a medical malpractice action must request a damages cap instruction under Mass. Gen. Laws Ann. ch. 231, section 60H, and waives his claim if he does not do so.

Appellate Information

• Decided 05/22/2003
• Published 05/22/2003

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wilson D. Rogers III, with whom Wilson D. Rogers, Jr., Mark C. Rogers, Lori M. Nehls, and The Rogers Law Firm P.C. were on brief, for appellant.


• For Appellees:
  
• Robert F. Oberkoetter, with whom Rosario M.F. Rizzo was on brief, for appellee.