Children's Injuries

October 29, 2011

$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man

A man who was sexually abused by two clergymen when he was a teenager during the 1960’s will receive $100,000 from the Augustinian Order. His abusers, Rev. Alfred Murphy and a Brother John, are also accused of molesting other boys. The victims belonged to the St. Mary parish Catholic Youth Group.

According to the Massachusetts sex abuse complaint, the plaintiff, who is now in his 50’s, was molested about 25 times. He was one of a number of boys that the clergymen would take kayaking and swimming so they could abuse them during the trips.

The victim’s Boston injury lawyer says that the clergy sex abuse caused his client emotional injury, mental trauma, anxiety, nightmares, and depression. As a result, the plaintiff has spent a lot of money on therapy and medical bills.

The Boston clergy sex abuse attorney went on to say that that this compensation does not make up for what happened to the client. Rather, it is a validation that the plaintiff isn’t to blame for what happened to him.

The victim didn’t come forward until after he saw a newspaper article in the mail a couple of years ago reporting on how Murphy had been accused of abusing a 17-year-old during a 3-week camper trip. Although the plaintiff hadn’t forgotten he’d been abused, reading the story made him realize that problems he was suffering from in the present was because of the Lawrence clergy sex abuse he suffered.

Also mentioned in his lawsuit was a third party. Although not named in court papers, this person was accused of failing to properly supervise Brother John and Rev. Murphy.

Unfortunately, for years the Roman Catholic Church turned a blind eye to the fact that many of its priests were molesting young children. Many of these kids were too ashamed or scared to come forward right away or had suppressed the memories. Now, as adults, a number of them are remembering and/or garnering the courage to speak out and hold their abusers and the Church liable.

Religious order pays $100K to Andover man in abuse case, Eagle-Tribune, October 29, 2011
Rev. Alfred Murphy, BishopAccountability.org

More Blog Posts:
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 25, 2011
Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyer Blog, April 13, 2011 Continue reading

October 25, 2011

$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims

by Altman & Altman

Two adults who were sexually abused by a former priest have been awarded $3 million-$2M and $1M judgments, respectively- in their Boston clergy sex abuse case against John Dority. The two victims were 10 and 13 when the ex-clergyman molested them during the early’s 70’s and late ’60’s while they were members of a West Roxbury parish. The Massachusetts sex abuse occurred over several years.

Dority has admitted to abusing the plaintiffs. Now, 70, he is a registered sex offender who has already served time behind bars for child molestation.

The judgments were issued to the victims after Dority failed to respond to the Boston child sex abuse lawsuit and chose not appear in court. Suffolk Superior Court Judge Janet Sanders, who issued the award, said no amount could fully make up for the plaintiff’s suffering. Dority, however, likely does not have $3 million to pay the plaintiffs. The plaintiffs’ Boston child sex abuse case against the Order of Friars Minor Province of the Most Holy Name, is still pending.

According to the Boston Globe, Survivors Network of Those Abused by Priest Director David Clohessy has said that significance of the award amount is that it publicly validates the degree of suffering that the victims experienced because they were sexually abused. This is understandable, seeing as the effects of sexual abuse can last a lifetime.

In addition to prosecutors filing criminal charges against the perpetrators, a victim may be able to sue his/her abuser for damages. Even if the Boston child sex abuse happened years ago, you may still be able to recover compensation.

While winning your Massachusetts sex abuse lawsuit cannot erase what happened to you or the devastation it has created in your life, it could help you in your healing while holding your assailant liable.

Priest abuse victims get $3m ruling, Boston.com, October 22, 2011
$3 Million Awarded In Mass. Priest Sex Abuse Case, CBS Boston/AP, October 21, 2011
Database of Publicly Accused Priests in the United States, BishopAccountability.org
Abuse in the Catholic Church, The Boston Globe

More Blog Posts:
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 23, 2011
Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyer Blog, April 13, 2011
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011 Continue reading

October 7, 2011

Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin

by Altman & Altman

A jury has awarded 22-year-old Christopher Trejo $48.1 million in his products liability lawsuit against McKesson Corp., McNeil Consumer Healthcare, and Johnson & Johnson. Trejo claimed he developed Stevens-Johnson Syndrome and Toxic Epidermal Necrolosysis as a teenager after taking Motrin for his fever in 2005.

Soon after, skin developed lesions and blisters and he was treated for injuries similar to second-degree burns. His vision and internal organs also became damaged.

In 2008, Trejo filed a dangerous drug lawsuit accusing the defendants of negligence, design negligence, and failure to warn about certain complications. Motrin finally included warnings on its label that rashes, blistering, and reddened skin were possible risks in 2006-a year after Trejo took the pain reliever.

Trejo is not the only one to suffer severe injuries from taking Motrin. Earlier this year, a jury awarded Brianna Maya’s family $10 million in their dangerous drug lawsuit against J & J’s McNeil Consumer Healthcare.

The 13-year-old was just 3 when she took alternating doses of Children’s Tylenol and Children’s Motrin to help quell her fever. Soon after, she developed burns and blisters inside and outside her body, became blind in one eye, and was treated for burn injuries. Doctors determined that her symptoms were a reaction to taking Children’s Motrin.

When rendering its Motrin lawsuit verdict, the jury found that the Johnson & Johnson subsidiary did not properly warn consumers about the possible risk of developing SJS and TEN. In the wake of developing both illnesses, Brianna has had to undergo recurring eye surgeries, suffers from periodic lung and eye infections, and now experience seizures. She also won’t ever be able to experience normal sexual relations or have kids.

It is imperative that drug manufacturers warn of serious health complications that can result from taking any kind of medication, whether over-the-counter or prescription. While the prescription version of Motrin has always included references to TEN and SJS and potentially fatal reactions, the nonprescription version, which is the one that both Trejo and Maya took, did not specifically mention either condition by name.

Man awarded $48 million in Motrin illness case, Contra Costa Times, October 3, 2011
Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness, ABCNews, June 3, 2011

Related Web Resources:
Motrin

Stevens-Johnson Syndrome , Mayo Clinic

More Blog Posts:
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011
Propecia Lawsuits: Plaintiffs Claim Hair Loss Drug May Cause Permanent Impotence, Boston Injury Lawyer Blog, June 6, 2011 Continue reading

September 30, 2011

Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children

by Altman & Altman

In Salem Superior Court, a Massachusetts injuries to minors lawsuit has been filed against Ameriken Caring Services on behalf of one girl and three boys. The children are ages 9 and 10. According to the complaint, the Revere van company did not protect the kids from being physically assaulted and sexually molested by a van monitor.

The Peabody School Department had hired the van company to transport the kids to a summer program. The kids were allegedly molested on several occasions in July. Incidents involved inappropriate and painful touching and physical abuse.

According to the victims’ Marblehead personal injury lawyer, the children were scared to tell their parents about the abuse because they knew they would see the bus monitor the next day. The Salem, Massachusetts sex abuse complaint is alleging negligent supervision, hiring, and retention.

Massachusetts Sex Abuse
Unfortunately, sex abuse can happen to a child while under the supervision of another party. Even if that party didn’t actually molest your son/daughter, if he/she/the entity allowed your child to suffer any kind of harm, you may be have grounds for a Salem injuries to a minor lawsuit.

Child sex abuse can cause serious trauma to a child. Many of the injuries are invisible but can wreak havoc on the victim’s life.

In Massachusetts, the statute of limitations for filing a Boston child sex abuse action is within three years of the alleged acts or within three years of the victim discovering or reasonably discovering there was psychological or emotional trauma caused by the alleged abuse. However, the time limit for this action has to be told for a child until he/she turns 18.

Revere van company sued over alleged assaults, AP/Boston.com, September 14, 2011
General Laws, Commonwealth of Massachusetts

Related Web Resources:
Child Sexual Abuse, American Academy of Child and Adolescent Psychiatry
Warning Signs, Stop it Now

More Blog Posts:
Cape Cod Sex Abuse: Woman Sues Camp Attended by US Senator Scott Brown, Boston Injury Lawyer Blog, August 18, 2011
Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations, Boston Injury Lawyer Blog, June 25, 2011
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February , 2011 Continue reading

September 17, 2011

Dorchester Toddler Dies After Driver Accidentally Leaves Him in Day Care Van for Several Hours in 80 Degree Weather

by Altman & Altman

17-month-old Gabriel Josh-Cazir Pierre died last week after he was accidentally left inside a hot day care van for several hours last Monday. The van’s driver, Luis Matos, did not notice that the toddler was still in the vehicle when he dropped off the kids at a day care center. Temperatures that day hit the low 80’s.

Police are trying to figure out how this fatal Boston child injury accident happened. An autopsy is being conducted to determine the boy’s cause of death. Criminal charges could be filed against Matos, whose Registry of Motor Vehicles license to transport kids has since been revoked.

It hasn’t been verified whether/not the day care center that Pierre attended notified his family that he hadn’t shown up or if they even noticed that he wasn’t there. Current rules don’t require day care providers to get in touch with parents if kids don’t arrive at a center.

Unfortunately, child deaths and injuries from vehicular heat stroke are not uncommon. With this summer considered to one of the hottest on record in many parts of the US, the National Highway Traffic Safety Administration has been working hard to remind people of the dangers that can arise from leaving a child in a hot vehicle. If your child was injured or killed while under the supervision/care of another party, you should speak with a Boston injury lawyer to find out if you have a case.

Hyperthermia is the leading cause of non-car collision fatalities for children under 14. Already this year, there have been at least 21 deaths caused by heat stroke involving children in this age group. Examples of serious hyperthermia-related injuries include permanent blindness, organ failure, and other serious injuries.

Meantime, officials have shut down the Boston day care located where the van that Pierre was left in was parked. This is a different operation from the one that the toddler was enrolled in. The city, however, decided to close down the center after inspectors discovered that the building lacked carbon monoxide detectors, fire extinguishers, emergency lighting, or an evacuation. While the owner of Gloria Luna’s Family Day Care is licensed to run this type of facility, she did not have the certificate necessary to run it out of her basement.

Boston Day Care Closed After Child Found Dead In Van, WBUR, September 12, 2011
Van driver’s license suspended, Boston Herald, September 15, 2011
Dorchester mother: Family is heartbroken over loss of infant son in day care van case, Boston Globe, September 13, 2011

Related Web Resources:
Department of Early Education & Care, Mass.gov
Massachusetts Registry of Motor Vehicles

Keeping Kids Safe, National Highway Traffic Safety Administration

More Blog Posts:
Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer, July 29, 2011
12-Year-Old Massachusetts Boy Dies After Collapsing During Holden Soccer Camp, Boston Injury Lawyer, July 19, 2011
Worcester County Wrongful Death Lawsuit Filed By Family of Dudley Boy Killed in Massachusetts Escalator Accident, Boston Injury Lawyer, June 10, 2011 Continue reading

September 10, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries

by Altman & Altman

Is the playground where your child goes to play safe? Surprisingly, about 15 kids a year die in playground accidents, which is why it is so important that these play areas are properly maintained. It doesn’t matter whether the playground is a public area or in a school, a mall, or inside a local McDonald’s. Playground owners must make sure that equipment and rides are safe to sue and that there are no hazardous conditions that could cause serious child injuries or deaths.

If your child got hurt while playing at a playground, you may want to speak with a Boston injury lawyer to find out whether you have a case. Common playground hazards:

• Inadequate supervision • A poorly designed playground area • Blacktop, asphalt, concrete, soil, packed earth, soil, or grass surfaces

August 31, 2011

$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death

by Altman & Altman

A jury has awarded the South Hamilton family of Katherine Bellerose $7 million in Boston wrongful death damages. Bellerose, a newborn twin, passed away 8 days after being born two months premature at Beth Israel Deaconess Medical Center. Her parents, John and Danielle, claimed she died because of inadequate staffing and the negligent medicare care she received while the hospital’s neonatal intensive care unit.

Katherine and her sister Alexis were born on June 13, 2004. She soon developed necrotizing enterocolitis, which is a bowel condition that kills internal tissue.

Her family’s Boston medical malpractice lawyer contends that seeing as babies that are born premature are at greater risk for developing the bowel condition, the staff at the hospital should have been monitoring Katherine more closely for possible signs. Instead, it wasn’t until they went to visit their girls on June 20 and noticed that she was unresponsive and discolored and the monitors showed that there were problems with her oxygen levels and heart that anything was done. Even then, they say it took an hour for anyone to act on their concerns and over four hours before surgeons were contacted. Katherine died the following morning.

The jury awarded each of Katherine’s parents $3.5 million each and $50,000 was allotted for the suffering she went through prior to her death. A nurse and four doctors found not responsible for Katherine’s Massachusetts wrongful death.

Premature Birth Risks
Premature births can come with significant risks, which is why it is so important that preemies are properly monitored after delivery. Complications that can occur when a baby is born too soon:

• Respiratory distress • Developmental disabilities • Cerebral palsy • Increased risk of diabetes • Increased risk of heart disease • Brain bleed • Brain injury
Medical errors that occur before, during, and after delivery can cause serious injury or health complications to any baby, which is why all necessary precautions must be taken to prevent these. When medical mistakes or failure to provide adequate care causes injuries, the baby’s family may be able to pursue Boston medical malpractice compensation.

Jury finds Beth Israel at fault in baby death, Boston Herald, September 1, 2011
Parents awarded $7 million in death of newborn, Boston.com, August 31, 2011
Related Web Resources:
Care for Premature Babies, American Pregnancy.org
Premature Birth Complications, Mayo Clinic

More Blog Posts:
$7M Massachusetts Medical Malpractice Settlement Awarded to Parents Whose Child Was Born with a Genetic Defect, Boston Injury Lawyer Blog, May 6, 2011
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011
Boston Medical Malpractice?: Three Wrong-Site Surgeries Performed at Beth Israel, Boston Injury Lawyer Blog, January 11, 2011 Continue reading

August 18, 2011

Cape Cod Sex Abuse: Woman Sues Camp Attended by US Senator Scott Brown

by Altman & Altman

Cheryl A. Madden has filed a Barnstable sexual abuse lawsuit against the same Cape Cod camp where US Senator Scott Brown claims he was sexually abused as a boy. Madden, 45, says that a janitor at the camp raped her more than once and that officials at Camp Good News failed to protect her.

The defendants of her Cape Cod sex abuse case are the camp, two of its executives, the man who allegedly assaulted her, and a counselor. Madden claims that the counselors failed to take action even though she was in the girls’ bathroom during one of the rapes. Madden says that the janitor raped her multiple times during the summers of 1973 (when she was 7), 1974, and 1975. Camp Good News says there is no merit to Madden’s claim.

Madden claims that memories of the abuse surfaced two years ago after her dad, who died, left Camp Good News $111,000. She believes that the defendants either knew or should have known that the janitor was molesting her. Madden is accusing camp officials of concealing, suppressing, and purposely preventing the disclosure of the child sex abuse incidents that occurred there.

July 29, 2011

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp

by Altman & Altman

Aaditya Basrur, who was critically hurt after almost drowning in a Shrewsbury, Massachusetts swimming pool accident, has died from his injuries. Basrur, who was rushed from St. John’s High School to the hospital on July 14, was attending the Camp Saint John summer day camp for kids. He died a few days after the incident.

At the time of the Shrewsbury near drowning accident, Basrur was taking part in an “open swim” with about 40 kids in the outdoor pool. Administrators say that there were lifeguards on duty.

School superintendent Joseph Sawyer later issued a press release about Basrur’s death. The young boy had just finished first grade at Paton Elementary School.

Massachusetts Swimming Pool Accidents
With drowning accidents a leading cause of death for young children, it is important that swimming pool owners and those charged with supervising swimmers exercise the necessary precautions to prevent drownings and near drowning accidents from happening. Even if someone is lucky enough to survive a Boston drowning accident, he/she may have been deprived of oxygen for long enough to be left with a traumatic brain injury.

Young kids can drown in swimming pools, hot tubs, inflatable pools, and on the beach, which is why it is important that they are not allowed in the water without proper supervision. Private pool owners should make sure that their pools are properly fenced in or covered when not in use so that no one can get in without their consent. Public pool owners should also make sure that access to the pool is restricted during off hours. In addition to lifeguards, easy access to an emergency phone, and making sure there is adequate rescue and safety equipment nearby, swimming pool owners should make sure that the pool is free of debris so that if someone does drown that he/she is easily visible. Just recently, the body of a woman who drowned in a Fall River public pool went undetected in the water for two days. No one saw her through the “cloudy” water.

Mass. boy critical after near drowning at day camp, Boston.com, July 15, 2011
Schools react to the loss of Aaditya Basrur, counseling to be available to students, The Daily Shrewsbury, July 19, 2011

Related Web Resources:
Unintentional Drowning: Fact Sheet, CDC
Camp Saint John, Saint John’s High School

More Blog Posts:
Massachusetts Swimming Pool Accident: Drowned Woman’s Body Was Concealed by “Cloudy” Water for Two Days, Boston Injury Lawyer Blog, June 30, 2011
Truro Man’s Family to Sue Provincetown for Man’s 2008 Massachusetts Drowning Death, Boston Injury Lawyer Blog, August 14, 2010 Continue reading

July 19, 2011

12-Year-Old Massachusetts Boy Dies After Collapsing During Holden Soccer Camp

by Altman & Altman

Joshua Thibodeau, 12, died yesterday after he collapsed during soccer camp at Wachusett Regional High School. He was from Holden.

The official cause of Thibodeau’s death is still not known at this time. At the time of his collapse, he was taking part in a “low-speed drill” at the Zalgiris Soccer Camp. Authorities are saying that he didn’t have any known medical conditions.

It is important for those supervising/running athletic activities to make sure that participants are not overworked or become dehydrated or fall ill. In the event that an athlete was to experience problems breathing, injure/sprain a muscle, or start to feel unwell while training or playing a game, it is up to trainers, the coach, and/or medical staff to provide attention and, if necessary, pull him out of practice or the competition so that he/she doesn’t suffer further illness or injury.