About Max Kennerly

I’m a trial lawyer for people who have been seriously hurt. I’m listed in Super Lawyers and Best Lawyers in America and I have an “Excellent” rating from Avvo. I have a B.A. in History with Honors from Yale University and a J.D. from the Beasley School of Law at Temple University. For the past ten years, my law practice has been devoted to representing injured plaintiffs. Read More

Medical Ghostwriting Lives On Because Medical Journals Won’t Stop It

By |September 15th, 2017|Medical Malpractice, Product Liability|

“Ghostwriting” has been the bane of good medicine for decades now. Pharmaceutical companies routinely “draft” scientific studies, medical journal articles, [...]

Huge Study Confirms Birth Complications Can Cause Cerebral Palsy

By |March 19th, 2017|Birth Injury, Medical Malpractice|

For years, obstetricians and hospitals have tried to deflect attention from their mistakes by claiming that negligence during labor and delivery — like prolonged labor where a baby is deprived of oxygen, or where the delivery is traumatic — can’t cause cerebral palsy. I’ve written before about the problems with the American College of Obstetricians and Gynecologists’ guidelines on “Neonatal Encephalopathy and Cerebral Palsy.” Now there’s a new study of over a million births confirming that a lack of oxygen during birth is by far the most common cause of cerebral palsy. On March 7, 2017, the Journal of the American Medical Association published the results of a study of over 1.4 million births in Sweden. The purpose of the study was to look for any connection between overweight or obese mothers and cerebral palsy. The authors found a link, but, as they say, “the effect of maternal obesity on cerebral palsy” was “small compared with other risk factors.” So what really causes cerebral palsy? The biggest culprit is a lack of oxygen. […]

When Your Surgeon Is Busy Operating On Someone Else

By |March 12th, 2017|Medical Malpractice|

Today’s Boston Globe “Spotlight” includes a detailed investigation of Dr. David Samadi at Lenox Hill Hospital in Manhattan’s well-to-do Upper East Side. Dr. Samadi made $6.7 million in 2015 as “a specialist in robotic prostate surgery.” But did he even do the operations? […]

Preventing Strokes During And After Surgery (Thoughts On Bill Paxton)

By |February 28th, 2017|General|

Last week, actor Bill Paxton died as a the result of an ischemic stroke during heart-valve surgery. Every surgery has a risk of stroke, and every heart surgery has an even higher risk of stroke, but it’s still unusual to see an otherwise healthy 61-year-old die in the course of a heart valve surgery. As a recent study in Britain found, even among patients over 65-years-old, long-term survival is “excellent.” Patients over 65 who underwent aortic valve replacement generally had no difference in mortality at all for the first 8 years after surgery. So what happened in Bill Paxton’s surgery? We deal with these issues all the time as medical malpractice lawyers. Technically, a stroke during or immediately after a surgery is “perioperative stroke.” Perioperative strokes are one of the most common complications of all surgeries. In non-cardiac, non-neurological, non-major vascular surgery, up to 2% of patients suffer a perioperative ischemic stroke. Most of those patients have a complicating risk factor, like advanced age, a history of renal failure, or a history of stroke. In high-risk cardiovascular surgery, researchers have found that between 2% and 10% of patients suffer a stroke of some degree, with the highest risks found in mitral valve surgery and double or triple valve surgery. […]

The Worst 2% Of Doctors Pay 50% Of All Malpractice Settlements

By |January 17th, 2017|Birth Injury, Medical Malpractice|

A new study in The Journal of Patient Safety proves again what medical malpractice lawyers have known for years: the worst doctors cause a very large part of medical malpractice injuries. The study, “The Detection, Analysis, and Significance of Physician Clustering in Medical Malpractice Lawsuit Payouts,” reviewed payment data from the National Practitioner Data Bank (NPDB), an electronic database that follows malpractice settlements, actions by state medicine boards, and actions by hospital medical boards. The medical researchers looked at all of the malpractice compensation from September 1, 1990, through June 30, 2015, a time period during which over 1.2 million physicians practiced medicine in the United States. Incredibly, 25% of the payments in that time could be traced back to just 6,521 physicians, and 50% of the payments could be traced back to 22,511, which amounts to just 1.8% of all physicians who practiced then. […]

Anesthesia in Pregnant Women And Young Children: The FDA Versus ACOG

By |January 2nd, 2017|Birth Injury, Medical Malpractice|

On December 14, 2016, the FDA released a new "Drug Safety Communication" about the use of general anesthetics and sedation drugs [...]

When Should An Aortic Aneurysm Be Repaired With Surgery?

By |November 30th, 2016|Medical Malpractice|

For years, the most common phrase in healthcare has been “evidence-based medicine.” The phrase always had a funny sound to [...]

The Trouble With Systematic Reviews Of Medicine

By |November 10th, 2016|Birth Injury, Medical Malpractice|

Doctors are obligated to stay informed of the latest developments in their field. But that's not always easy: every year, [...]

Why Did Hyland’s Teething Tablets Contain A Deadly Poison?

By |October 18th, 2016|Product Liability|

As product liability lawyers, we keep a close watch on the Food and Drug Administration and the Consumer Product Safety [...]

Doctor Admits To Lying At Malpractice Trial – 15 Years Later

By |September 28th, 2016|Medical Malpractice|

NPR had a story in which a Dr. Lars Aanning, a retired surgeon, admitted that he lied in his testimony [...]