Keene ex rel. Keene v. Brigham & Women's Hospital, Inc.

INTRODUCTION

This is an action for medical malpractice arising from a severe brain injury suffered by the plaintiff shortly after his birth at the defendant hospital. The hospital’s liability for the plaintiffs injury was established by default in a Memorandum of Decision and Order issued by this Court (Connolly, J.) on September 30, 1997 [7 Mass. L. Rptr. 473). In that decision the Court also struck the defendant’s affirmative defense *546of charitable immunity. Thereafter, in a Memorandum of Decision and Order dated April 30, 1999, the same judge ruled that the earlier order established the…