Children's Injuries

January 27, 2010

Massachusetts Wrongful Death Lawsuit Blames McLean Hospital After Mentally Ill Aunt Carries Kids into Traffic

Shane and Danielle Lambert are suing McLean Hospital for their children’s Massachusetts wrongful deaths. Kaleigh, 5, and Shane, 4, died on January 11, 2008, when their aunt, Marcelle Thibault, carried them onto Interstate 495 where the three of them were fatally struck by two motor vehicles.

Thibault, who is Danielle’s identical twin, was mentally ill. She had received treatment for her condition at McLean Hospital. Psychiatrists at the Harvard-affiliated psychiatric facility had diagnosed the 39-year-old with bipolar disorder in 2007. After discharging her from the Belmont hospital they recommended outpatient therapy and prescribed psychotropic drugs. However, the Lamberts claim that McLean’s doctors failed to warn them that Marcelle might be a danger to herself and those close to her.

On the night of the tragic incident, four months after she was discharged from the mental hospital, Thibault arrived at the Lamberts home to pick up the kids for a sleepover. Earlier in the evening, Massachusetts State Police almost detained her for a psychiatric evaluation. She reportedly was behaving strangely on an I-495 median and she even hit a motorist who tried to help her.

December 21, 2009

$15 Million Boston Medical Malpractice Award: Jury Holds Doctors Accountable for Massachusetts Wrongful Death of 3-Year-Old Treated for Birth Defect

by Altman & Altman

Five years after 3-year-old Jason Fox’s death, a Suffolk County jury has awarded his parents $15 million in Massachusetts medical malpractice damages: $5 million for wrongful death, $5 million for the boy’s pain and suffering, and $5 million for the loss of their child. The family’s attorney, James Fox, said fighting the case was an “uphill battle.”

Jason, who was born with Tetralogy of Fallot, died in December 2004 after undergoing a procedure at Children’s Hospital in Boston a year and a half earlier to treat his birth defect. The serious defect, which was treatable, prevented his limbs and organs from receiving enough oxygen.

Jason underwent seven cardiac catheterizations and open heart surgery. During his second catheterization in April 2003, Jason had a seizure. The contrast dye, which allowed doctors to better see his anatomy, went into his brain.

December 17, 2009

Following 8 Deaths and 16 Near Strangulations, CPSC Recalls 50 Million Roman Shades and Roll-Up Blinds

by Altman & Altman

Along with the Window Covering Safety Council, Consumer Product Safety Commission is announcing another major recall-one of its largest ever-of 50 million roll-up blinds and Roman shades because they pose a possible strangulation hazard. Roman shades have been the reported cause of 16 near strangulations and 5 fatalities in just the last three years, while since 2001, the CPSC has received reports of 3 deaths because of roll-up blinds. Some three million roll-up blinds and five million Roman shades are sold annually.

The CPSC and the WCSC are providing free repair kits. Also, to prevent strangulation accidents involving window coverings, they are recommending that only cordless window coverings be used in homes that have young children. If your window blinds or shades do come with cords, then they are advising that you keep the cords out of children’s reach.

The Safe Kids USA Web site reports that airway obstruction (through suffocation, choking, and strangulation), is the number one cause of accidental injury-related fatalities among children younger than age 1. Kids, especially in the younger than 3 age range, are especially prone to strangulation injuries and deaths.

December 3, 2009

Massachusetts Teenager Injured in Waltham Pedestrian Accident In Critical Condition Even After Emergency Brain Surgery

by Altman & Altman

The family of 17-year-old John Causland says he is stlll in critical condition following emergency brain surgery for injuries he sustained in a Massachusetts pedestrian accident on Sunday in Waltham. The high school senior was in a crosswalk when a driver who was allegedly drunk hit him.

The driver of the uninsured and unregistered vehicle that struck him was Bonnie Lee Hicks. The 43-year-old Billerica resident was charged with negligent operation of a motor vehicle, driving under the influence, and driving with an expired inspection sticker. She refused a Breathalyzer test at the crash site and failed three field sobriety tests. She pleaded not guilty to the charges and was released on personal recognizance. She is not allowed to drive and must appear in court again in January.

Court documents say that Hicks told police that she thinks that the teenager jumped in front of her vehicle. She did not sustain injuries in the Waltham pedestrian accident.

As of yesterday, Causland’s family reported that the teenager was sedated and stabilizing but that he was still living “hour by hour.”

2008 Pedestrian Traffic Safety Facts (National Highway Traffic Safety Administration):

• 4,378 US pedestrian deaths • 69,000 US pedestrian injuries • 1 US pedestrian death every 2 hours • 1 US pedestrian injury every 8 minutes • 75 Massachusetts pedestrian fatalities
Pedestrians are at risk of sustaining injuries any time they are hit by a motor vehicle. These injuries can be especially catastrophic when the driver who strikes the pedestrian was operating under the influence of drugs or alcohol, text messaging while driving, or speeding. In Massachusetts pedestrian accidents involving a negligent driver, the motorist may not even attempt to stop or be able to avoid hitting the victim, which can increase the chances that the injuries will be permanently life altering or fatal.

‘No good news’ for teen in crash, Boston Herald, December 2, 2009
Teenager fights for life after accident, The Daily News Tribune, December 1, 2009 Teen hit by drunk driver, say police, Boston.com, December 1, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Traumatic Brain Injury
Continue reading

November 20, 2009

Boston-Based Consumer Watchdog Announced 2009 List of 10 Most Dangerous Toys

by Altman & Altman

When shopping for kids’ toys this year, here is a list of products that World Against Toys Causing Harm, a Boston-based consumer watchdog group, is placing on its list of “most dangerous toys” because of the injury risks that WATCH says the items pose:

• Spy Gear Viper Blaster: May cause eye injuries.
• Disney-Pixar Wall-E Foam Rocket Launcher. WATCH says the Toy is a choking hazard and may cause impact injuries and eye injuries.
• Cat “Rugged” Mini: Toy construction vehicle comes with metal spoke that may cause puncture wounds.
• Curious Baby Curious George Counting – My First Book of Numbers: Watch says the 5 beads embedded in the book can pose a choking hazard.
• Lots to Love Babies Mini Nursery: Comes with accessories that are a choking hazard risk.
• X-Men Origins Slashin’ Action Wolverine: The toy’s small parts make this a choking hazard.
• Pucci Pups Maltese: The puppy’s “hair” can be pose an aspiration hazard. Its long leash is a strangulation hazard.
• The Dark Knight Batman Figure: May cause possible penetration and blunt impact injuries.
• Just Kidz Junior Musical Instruments: The drum’s stick can cause choking injuries if placed in the mouth.
• Moon Board Pogo Board: WATCH warns about possible head injuries and impact injuries.

The Consumer Product Safety Commission says that there were at least 19 toy-related fatalities in the US last year. Meantime, hospital emergency rooms treated 235,000 toy injuries. Despite the number of toy-related injuries and deaths that happen every year, WATCH director James Swartz noted toy makers continue to manufacture toys that pose similar dangers year after year.

Products liability-related accidents involving malfunctioning or defectively designed toys, nursery products, kids’ clothing, playground equipment, kids’ furniture, and other children’s products continue to happen. It can be devastating to find out that the toy that you bought for your son or daughter was the cause of injury or death. Toy manufacturers are supposed to test their toys and make sure that they aren’t dangerous for kids to use. Young kids especially may not realize that putting small objects in their mouths might cause them to choke.

10 most dangerous toys of 2009, MSNBC, Today
2009 “10 Worst Toys” List, WATCH

Related Web Resources:
Why Do We Need Healthy Toys?, HealthyStuff.org
Finding safe toys this holiday season, CNET
US Consumer Product Safety Commission
Continue reading

November 13, 2009

Parents file $4 million Massachusetts wrongful death lawsuit over 8-year-old’s fatal machine gun accident

by Altman & Altman

The parents of 8-year-old Christopher K. Bizilj are suing seven defendants for their son’s wrongful death. Christopher died after a Micro Uzi machine gun he was holding accidentally discharged last October at a Westfield gun fair. Charles D. and Suzanne M. Bizilj and their son Colin, 11, are suing for $4 million.

The defendants named in the Massachusetts wrongful death complaint are COP Firearms & Training, the Westfield Sportsman’s Club Inc., Edward Fleury, Carl Giuffre, Provost Precision Pistols LLC, Domenico J. Spano, and D & T Arms LLC. Giuffre, Fleury, and Spano have also been charged in criminal court over the fatal accident.

Per the Massachusetts wrongful death lawsuit, Charles Bizilj bought Christopher a turn at firing the machine gun at the “Great New England Pumpkin Shoot”.” Spano brought the weapon, which belongs to Guiffre, to the expo that COP Firearms & Training and the Westfield Sportsman’s Club were sponsoring. Fleury, who owns COP Firearms & Training and at the time was Pelham police chief, hired Spano and Guiffre as expo “renters.”

November 10, 2009

Boston Products Liability?: Kids’ Fingertip Amputations Lead to Recall of Approximately 1 Million Strollers by Maclaren

by Altman & Altman

Long known for the dependability of its strollers, manufacturer Maclaren may find that its reliable reputation has been tarnished following reports that 12 kids have suffered fingertip amputations while using its strollers. This week, Maclaren along with the Consumer Product Safety Commission, announced the recall of some 1 million strollers over concerns that fingertip amputations and lacerations can occur.

The children were injured when they placed their fingers in the stroller’s hinge mechanism when it was either being opened or secured. Nine models are included in the mass recall of products, which consists of both double and single umbrella strollers.

Recalled models are those made available in the US between 1999 and 2009: Easy Traveller, Twin Techno, Twin Triumph, TechnoXLR, Techno XT, Quest Mod,Quest Sport, Triumph, and Volo.

Parents and guardians are being told to stop using the strollers immediately and to contact Maclaren for a free repair kit.

Boston Products Liability
Injuries caused by a design flaw, a manufacturing defect, or a product malfunction can be grounds for a Boston products liability lawsuit. If the injured party is a minor, a parent or guardian will have to file the Boston injuries to minor complaint for damages.

Unfortunately, product manufacturers do make mistakes. It’s even more unfortunate for the infant or child who has been hurt because of such errors.

While recalls are a good way to find out about the dangerous defect before an injury or death occurs, in many cases someone will have already gotten hurt before a product defect is discovered and a recall is announced.

Maclaren’s Stroller Recall: A Stumbling Response Online, Time, November 9, 2009
Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations, CPSC, November 9, 2009
Related Web Resources:
Maclaren

Kids in Danger
Continue reading

November 6, 2009

Boston Injury Accidents Caused by Drowsy Driving Are Preventable

by Altman & Altman

A 2009 poll conducted by the National Sleep Foundation reports that in the last year, up to 1.9 million US motorists have either been in a motor vehicle accident or were nearly in an auto collision because they were drowsy while driving. 105 million motorists admitted that they’ve driven while sleepy in the last year, while 54 million drivers say they drowsy drive at least once a month.

What many of these drivers don’t understand is that drowsy driving is extremely dangerous. It one of the most common causes of traffic crashes. The National Transportation Safety Board says that 250,000 US drivers a day fall asleep while operating a vehicle. This causes 60,000 serious injuries and 8,000 deaths a year.

Boston car crashes, truck accidents, bus collisions, and pedestrian accidents are not the only kinds of traffic collisions caused by drowsy driving. The NTSB recently announced that drowsy driving was the likely cause of the deadly MBTA train crash in Newton last year involving two green line trains. The safety board says train operator Terese Edmonds may have fallen asleep at the wheel. She may have been suffering from obstructive sleep apnea.

Excessive sleepiness can impair a motorist, resulting in slower reaction times, distracted driving, decreased cognitive performance, various mood swings, and slowed reflexes. These side effects can prove tragic on the road, where a motorist may have a hard time driving in a straight line, fail to notice exit signs, miss traffic signs, and not realize that he or she is tailgating the vehicle ahead.

While it is tragic that so many people are injured in motor vehicle crashes caused by drowsy drivers, the good news is that drowsy driving accidents are preventable.

The National Sleep Foundation has declared November 2-8 Drowsy Driving Prevention Week. The intention is to make more motorists aware about the dangers associated with drowsy driving and falling asleep at the wheel.

1.9 Million Drivers Have Fatigue-Related Car Crashes or Near Misses Each Year, Reuters, November 2, 2009
Drowsy-driving tragedies preventable, Boston.com, August 3, 2009

Related Web Resources:
National Sleep Foundation

Drowsy and Distracted Driving, NHTSA Continue reading

October 30, 2009

Toxic Face Paint and Massachusetts Pedestrian Accidents Can Make Halloween Really Scary for Parents and Kids

by Altman & Altman

Just when you thought ghosts and goblins were your worst worries on Halloween, now there is news that there may be other dangers lurking in the shadows on an evening that should be best known for candy, trick or treating, and costumes.

The Food and Drug Administration is warning parents to be very careful when selecting a face paint for children to use. While a painted mask, as opposed to an actual mask, can make it easier for the wearer to see through, new findings indicate that some of the more popular face paints are made with toxins that are bad for the health and may even cause serious injuries.

According to the Campaign for Safe Cosmetics, the 10 face paints it examined all tested positive for lead. Nickel, chromium, and cobalt were found in several of the paints.

October 23, 2009

Massachusetts Injuries to Minor Lawsuit Seeks Damages for 1-Year-Old Injured in Wal-Mart Car Crash

by Altman & Altman

The mother of Makayla Hayes, 1, is suing the 93-year-old Peabody driver for the little girl’s injuries. Louis Vesprini accidentally drove his car into a Danvers Wal-Mart in June. Alaina Hayes, a Gloucester resident, was pushing her daughter in a stroller when the Massachusetts car accident happened. Makayla fractured her jaw and her skull.

Louis Vesprini reportedly stepped on the gas pedal instead of the brake when trying to park his car. He drove through two red posts before crashing through the Wal-Mart’s exit doors.

Now, Alaina his seeking unspecified damages from Walmart and the 93-year-old Massachusetts driver. While Wal-Mart obviously did not cause the Danvers car accident, the safety barriers it set up to keep cars from driving into the department store were allegedly spaced incorrectly.