Could Mass. Be Hit With Lawsuits From Annie Dookhan Scandal?

As Annie Dookhan begins her courtroom drama this month, news of the drug scandal continues to emerge.

So do questions about liability.

This week, Dookhan pleaded not guilty to 15 counts of obstruction of justice, lying about having a master’s degree and perjury, reports The Boston Herald.

Dookhan is the chemist at the center of a scandal that involves thousands of criminal defendants, many of whom were improperly convicted as a result of her alleged fraud.

Fraud it likely is, as Dookhan allegedly misled her employers for years, having them believe that she’d completed a master’s degree in chemistry. In fact, she had never even enrolled in master’s-level classes.

That’s not the only issue of concern. While Dookhan’s alleged lie could have led to nothing more than her dismissal, she also allegedly faked the testing of many samples and falsely gave expert testimony in criminal cases, saying that she had a master’s degree.

What’s even scarier for the state is the possible fallout from this case. With the potential of so many criminal defendants having been wrongly charged or convicted, there could be many litigious people looking for retribution.

How can the state be legally at fault for this?

The scary part for the state is the negligent retention issue in this case. Dookhan was known for her productivity levels. She tested two to three times more samples than other employees.

Yet her productivity failed to raise many eyebrows for quite some time.

Even after a supervisor complained that he never actually saw her in front of a microscope, the higher-ups continued to let her work, reports The Huffington Post.

A potential lawsuit based on negligent retention is certainly not far-fetched, since supervisors had reason to believe that she may have been cutting corners.

Yet they turned a blind eye, arguably breaching their duty not only to the state but also to the criminal defendants whose lives were at stake. Whether that leads to lawsuits against the state has yet to be seen.

Related Resources:

• Search Boston Personal Injury Lawyers (FindLaw)
• MA Crime Lab Scandal Centers on Tampered Evidence (FindLaw’s Blotter)
• New Ailment Linked to New England Compounding Center (FindLaw’s Boston Personal Injury News)