Children's Injuries

June 25, 2011

Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations

Officials at Silver Lake Regional High School have placed school psychologist Robert F. Daly on leave after they recently found at that he had been a defendant in a Massachusetts sexual abuse lawsuit. The complaint accused Daly of molesting children in the 1970’s and 1980’s while he was a priest.

Daily, who was ordained in the 1860’s, last worked as a priest in 1984. It was in 2005 that he and 16 other priests, three archdiocese lay employees, and high-ranking church officials were sued by 25 people who claimed they were the victims of Massachusetts sexual abuse. The case was settled in arbitration.

Silver Lake Regional High School wasn’t aware of the sex abuse lawsuit until earlier this month, when it was announced that Daly had asked to be defrocked. Since he was hired by the school district in 2001, there have been no complaints about him. As a school psychologist, Daly’s job involves trying to determine whether students need special education support and developing plans for those that do.

Massachusetts Sexual Abuse
Sexual abuse is a serious crime and one that causes injuries that can leave a person emotionally incapacitated for life. If your child was molested by a friend, teacher, doctor, priest, camp counselor, relative, or anyone else, you may be able to file a Boston sex abuse case to sue the perpetrator for damages.

In Massachusetts, actions over the sexual abuse of minors can be brought within three years of the acts allegedly occurring or within three years of when the victim found out or reasonably should have discovered that an psychological or emotional injury or condition was a result of sexual assault and battery. The time limit for beginning an action is tolled for a child until he or she turns 18.

Silver Lake school psychologist placed on leave over abuse allegations, MetroWest Daily News, June 18, 2011
Sexual abuse of minors, Massachusetts General Laws

Related Web Resources:
Bishop Accountability

Child Sexual Abuse, AmericanHumane.org

More Blog Posts:
Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyers, April 13, 2011
Clergy Sexual Abuse Lawsuit: Victim Sues the Pope, Boston Injury Lawyers, September 4, 2010
Massachusetts Clergy Sexual Abuse: Defrocked Priest Paul Shanley Challenges Conviction for Indecent Assault & Battery and Child Rape, Boston Injury Lawyers, September 9, 2009 Continue reading

June 10, 2011

Worcester County Wrongful Death Lawsuit Filed By Family of Dudley Boy Killed in Massachusetts Escalator Accident

by Altman & Altman

In March, our Boston injury lawyers published a blog post on the tragic Worcester County escalator accident at the Auburn Mall that claimed the life of 4-year-old Mark DiBona. Now, his family has filed an Auburn, Massachusetts wrongful death lawsuit against Sears Roebuck and Co., the Simon Property Group, the Mall at Auburn LL, Schindler Elevator Corp., Botany Bay Construction Co., and Mayflower Auburn LP. seeking unspecified damages for gross negligence and negligence.

The little boy died after he fell two stories through a 6-inch space of an escalator located in the Sears store at the Auburn Mall. The gap was bigger than the 4-inch maximum allowed under state building codes.

Following the Massachusetts escalator accident, the two inspectors who certified the escalator as being in compliance with the safety code were suspended. The state has also started taking steps to get them terminated from their jobs.

May 6, 2011

$7M Massachusetts Medical Malpractice Settlement Awarded to Parents Whose Child Was Born with a Genetic Defect

by Altman & Altman

A judge has approved a $7M Worcester, Massachusetts medical malpractice settlement for Ran Zhuang and Ziru Guo. The couple had sued two doctors, a genetic counselor, and a nurse practitioner after their daughter was born with cri-du-chat on November 11, 2007 at UMass Memorial Medical Center – Memorial Campus.

Annie, now 3, has severe mental and physical disabilities. Their parents contend that if her chromosomal abnormality had been detected through an amniocentesis early enough, they would have been able to decide whether to terminate pregnancy. Guo and Zuang claim that that they were not provided with proper prenatal genetic counseling.

Named as defendants in the Massachusetts obstetrician malpractice lawsuit are Dr. Mary M. Herlihy, geneticist Dr. Beverly Hay, nurse practitioner Patricia Yranski, and genetic counselor Lisa Blazejewski. They are denying any negligence. They claim that Zhuang was offered an amniocentesis but that she declined to undergo the procedure. Zhuang and Guo, however, say that no one told her the diagnostic procedure was available.

Cri-du-chat
Also known as cat’s cry syndrome and 5p- syndrome, cri-du-chat is a condition where chromosome 5 is missing. Baby’s who have cri-du-chat often have a cry that sounds like a cat’s. Characteristics of the disorder include microcephaly (small head size), weak muscle tone, intellectual disability, delayed development, widely set eyes, low-set ears, a rounded face, and a small jaw. Some children suffering from cri-du-chat may also have a heart defect.

It is important that you receive the proper medical care during pregnancy, delivery, and after your baby’s birth. Unfortunately, obstetrical malpractice can cause serious injuries to you or your child.

Couple reaches $7M settlement in medical malpractice lawsuit, Worcester Telegram & Gazette, May 5, 2011
Judge approves $7M settlement for Shrewsbury couple, Boston Herald/AP, May 5, 2011

Related Web Resources:
Cri-du-chat syndrome, NIH.gov
Amniocentesis, Baby Center

More Blog Posts:
Mother’s Massachusetts Medical Malpractice Lawsuit Accuses Springfield Hospital of Sterilizing Her Without Consent, Boston Injury Lawyer Blog, January 4, 2010
$15 Million Boston Medical Malpractice Award: Jury Holds Doctors Accountable for Massachusetts Wrongful Death of 3-Year-Old Treated for Birth Defect Five years after 3-year-old, Boston Injury Lawyer Blog, December 21, 2009
Massachusetts Man Awarded $2 Million for Wrongful Death of Wife Due to Medication Error During Cesarean Delivery, Boston Injury Lawyer Blog, January 23, 2009 Continue reading

April 13, 2011

Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich

by Altman & Altman

A number of people have come forward claiming that they were the victims of Massachusetts child sexual abuse while attending Camp Good News. The ex-campers made their allegations after US Senator Scott Brown revealed that he was molested at a Cape Cod religious camp when he was a boy. The camp was later identified as attending Camp Good News, a Christian Camp in Sandwich.

While the Boston Globe last week counted six adults alleging child sex abuse at the camp, one Boston injury lawyer claims that 13 people-2 women and 11 men-have contacted him claiming that they were abused while attending the camp. The Cape Cod sex abuse incidents allegedly occurred between the 1970’s and 1990’s and multiple perpetrators were allegedly involved. However, some of the adults did say that they were molested by Charles “Chuck” Devita, a camp employee who killed himself last week after a an ex-camper said Devita sexually abused him.

In the wake of the allegations and the ongoing investigation, Camp Good News announced that it will be closed this summer.

April 6, 2011

Taylor Meyer’s Family Settles Norfolk Wrongful Death Lawsuit with Two of the Defendants

by Altman & Altman

More than two years after 17-year-old Taylor Meyer drowned in a swamp near the abandoned Norfolk Airport, her family has settled her Massachusetts wrongful death lawsuit with Plainville siblings Brian and Paige Zuzick. Meyer died after wandering off from an underage drinking party at the old airport on October 17, 2008.

Meyer’s family contends that friends directed a drunken Taylor, who had attended three parties that evening, toward the swamp instead of the street. She was found three days later, face-down in the shallow water that was no more than 100 yards from where the party had taken place.

In their Norfolk wrongful death complaint, the plaintiffs accused Brian of having a friend purchase two bottles of rum, which he gave to Paige, who offered some of the alcohol to Meyer. The friend accused of buying the alcohol, North Attleboro resident Sean Flynn, is still a wrongful death defendant, as are Dianne Stark from Wrentham, Matthew Dusseault of Norfolk, who is accused of bringing beer to the airport party, and Matthew Riddoch, also of Norfolk, who allegedly was one of those involved in setting up the party area.

March 16, 2011

4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident

by Altman & Altman

State officials are ordering a statewide investigation of escalators, after 4-year-old Mark DiBona fell two stories down an escalator in a Sears store at the Auburn Mall on Friday. The Dudley boy landed on a store display and sustained serious injuries during the Massachusetts escalator accident. He died the following day.

Earlier this week, two inspectors were suspended because they did not block off a gap at the top of the escalator. Although the gap should have only been 4 inches wide, it was 6 ¼ inches. A barricade should have been placed between the wall and the side of the escalator to restrict the opening’s size. All escalators that the two inspectors checked will be looked at again.

There are about 975 escalators in the state. Each one is inspected annually.

February 17, 2011

Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients

by Altman & Altman

Former Children’s Hospital Boston pediatrician Dr. Melvine Levine is the defendant of a class action complaint accusing him of Boston medical malpractice and Massachusetts child sex abuse. The lawsuit blames the hospital for failing to properly supervise him during 40 cases over two decades and of knowing (or that it should have known) that Levine was not fit to treat minor boy patients or care for them without supervision. The hospital has denied the allegations and notes that the pediatrician has not practiced there for a quarter of a century. This is not the first lawsuit accusing Levine of medical negligence and child sex abuse. In 2009, he agreed to give up practicing medicine permanently.

This latest Boston sex abuse complaint, however, seeks to represent all the kids that Levine examined between 1966 through 1985, which includes about 5,000 boys. He allegedly performed unnecessary genital exams on patients.

Boston Sex Abuse as Massachusetts Medical Malpractice

February 11, 2011

Two Infant Deaths Spur Recall of 1.7M Summer Infant Video Baby Monitors

by Altman & Altman

The Consumer Product Safety Commission is recalling approximately 1.7 Summer Infant baby monitors following two infant deaths by strangulation. Included are over 40 different models of digital, handheld, and color models. The company issuing the recall is called Summer Infant, which will provide users with better instructions.

If you have one of these baby monitors, our Boston products liability lawyers want to remind you to adhere to the instructions of Summer Infant and CPSC and make sure that the cameras and their cords are out of your child’s reach. Per the CPSC, one baby, 10 months, died last March when she was strangled after getting caught in a monitor camera’s cord. The monitoring device had been placed on top of the crib rail. In November, a 6-month-old-baby died from strangulation because of the monitor’s electrical cord. The baby monitor had been placed on the changing table next to his crib.

Also, a 20-month old toddler was almost strangled after the camera monitor’s cord ended up around his neck. Even though the monitor camera had been hooked to the wall, the boy was able to reach the cord.

January 25, 2011

Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist

by Altman & Altman

Another chapter in the tragic death of 4-year-old Rebecca Riley has reached an end. Last night, the Massachusetts wrongful death lawyers for her estate announced that a $2.5 million Boston medical malpractice settlement was reached with her psychiatrist, Dr. Kayoko Kifuji of Tufts Medical Center.

If you’ll recall, Kifuji was the one who prescribed the psychiatric drugs that Rebecca overdosed on after her parents gave her too much of the medications. Michael and Carolyn Riley were convicted of Rebecca’s murder in separate criminal trials last year.

The $2.5 million Boston psychiatric malpractice settlement is the maximum allowed under Kifuji’s insurance policy. The child psychiatrist, who continues to work at Tufts Medical Center, has not admitted any wrongdoing.

January 12, 2011

Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident

by Altman & Altman

The parents of Landon Zimmerman have filed a Boston wrongful death lawsuit against Crib manufacturer Simplicity, its successor company SFCA Inc., and retailer Hayneedle Inc. over the tragic crib accident that killed the 1-year-old. Landon died from asphyxiation when he became entrapped between his Simplicity crib’s frame and mattress.

His Massachusetts crib death was one of the reasons that the Consumer Product Safety Administration recalled all Simplicity cribs that have a mattress support frame made of tubular metal. According to Landon’s parents Lauren Zimmerman and Jeremy Fontaine, the retailer was grossly negligent because it failed to warn that the Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib that it was selling had “dangerous and defective characteristics.” For example, In the event that one of the crib’s frames were to detach, bend, or cause a portion of the mattress to collapse, a space could get created that a toddler or infant might fall through or get stuck or entrapped in. Also, per the CPSC, the Simplicity crib’s defects made it a hazard for suffocation, strangulation, and fall accidents. The boy’s parents contend that Hayneedle failed to provide warning on what were the safe and proper ways to assemble, maintain, and use the crib. Simplicity and SFCA Inc. are no longer in operation.

Crib defects cause injuries every year. Because children are frequently left alone in cribs, it may be too late by the time that someone discovers that the baby or toddler that had been left sleeping has suffocated or strangled in a Boston crib entrapment accident. Crib manufacturers and retailers can be held liable for Boston products liability or wrongful death if negligence or errors on the part of the manufacturer and/or the seller contributed to allowing the crib accident to occur.