On September 9, 2019, Joseph L. Bierwirth represented Lynn Hlatky before the Massachusetts Supreme Judicial Court (SJC) in the matter of Hlatky v. Steward Health Care Systems LLC. At issue is a breach of contract case and whether the $22 million damages awarded by the jury, later reduced to $10 million by the trial judge, is an accurate measure of damages. Bierwirth argued to the SJC that the jury’s award of $22 million is the only remedy that would permit Dr. Hlatky to resume her research at the same level as prior to the breach of contract. Dr. Hlatky sued Steward after it withdrew its support of her cancer research laboratory and forced the lab into bankruptcy, leading to the destruction of Dr. Hlatky’s research program built up through 25 years’ worth of work in the field.
Read a summary of the argument in Law 360 (subscription required)