Personal Injury

April 3, 2014

Social Media Posts Can Put Your Personal Injury Claim at Risk

In the age of the internet, a keyboard is never more than a few inches away. Access to social media is literally at your fingertips, beckoning to vent your frustration to hundreds, thousands, maybe millions of followers. Most internet-savvy people would reach right for their phones after a car accident or injury to blow off some steam or to keep concerned loved ones informed of their condition. However, new data suggests social media fiends should think twice before posting about a personal injury case.

Insurance companies will try to use any posts, pictures, or interactions to dispute claims and prevent victims from receiving compensation for their injuries. The insurance companies can easily access your personal Facebook, Twitter, Instagram, and any other social media site to gather information that can be used against claimants to prove that they are misrepresenting injuries.

The practice might come as a surprise to most of the general public. It is a common assumption that medical records and doctor testimony is enough to back up claims made by personal injury victims, but in truth, insurance companies “actively work to disprove claims made by a victim’s doctor. Social media can be an integral tool in this pursuit,” according to Attorney Brian J. Mongelluzzo.
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April 1, 2014

Settlement Reached in MA Child’s Escalator Death

by Altman & Altman

A normal day at the Auburn Mall in March of 2011 turned into a scene that will play over and over in the minds of Mark DiBona’s parents for many years. Four-year-old Mark was riding the escalator in Sears when he slipped through a space between the railing and the escalator and fell 18 feet on to the top of a displace case on a lower floor. The young boy sustained serious head injuries and passed away the next day.

The DiBona family was devastated by the loss and filed suit against Sears, Simon Property Group Inc., Schindler Elevator Corp. and Botany Bay Construction, according to CBS Boston. According to their lawyer, the family finds all four companies were negligent and were responsible for the death and suffering of their beloved little boy. The family claimed the escalator was in “dangerous and defective” condition and was in “violation of state building codes, escalator safety standards and the industry standards established by the American Society of Mechanical Engineers (CBS Boston).”
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March 27, 2014

Contractors to Pay Family $14.8M for Natural Gas Explosion

by Altman & Altman

While the physical and emotional burden remains heavy, a sizeable financial weight has been lifted off the shoulders of Faye Boroughs and her son as a Florida jury awarded the family $14.8 million after an explosion in their home. Ms. Boroughs sustained severe burns on 33% of her body and remains permanently disfigured; a lifelong reminder of the explosion that claimed life of her partner. Michael Blanchard was burned on 98% of his body and suffered for three long weeks before succumbing to his injuries. The couple’s young son was in another part of the home at the time, but sustained psychological injuries.

According to the National Trial Lawyers, “evidence showed that the defendant companies violated gas safety codes and failed to adequately train their technicians.” The plaintiff’s attorneys were able to establish that the explosion was directly caused by negligent actions by Panhandle Plumbing and Andrews Cooling & Heating. Panhandle Plumbing did not seek the appropriate permits to install a gas line that was not properly labeled and lacked a safety shut-off valve-two very basic requirements. Andrews Cooling & Heating then installed a gas dryer with that faulty pipe, and ignored both the manufacturer’s instructions and minimum safety code provisions.
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March 26, 2014

Family of Joshua Messier Reach $3 Million Settlement in Bridgewater Hospital Death

by Altman & Altman

Joshua Messier was just 23 years old when he passed away five years ago at Bridgewater State Hospital, where he was a mental health patient. After a long battle, the family of Joshua Messier will receive a $3 million settlement stemming from a civil rights lawsuit alleging that prison guards were responsible for his death, according to Benjamin R. Novotny, an attorney for the parents.

The Boston Globe reports that Messier suffered from paranoid schizophrenia, and was killed when was strapped to a bed as “two of the guards pressed down hard on Messier’s back while he was seated on the bed with his hands cuffed behind him, folding his chest toward his knees, a maneuver sometimes called ‘suitcasing.'” This action is forbidden by state regulations because of the high risk of suffocation.

The death of the young man spurred an investigation by the Deval Patrick administration, which later placed three of the guards on duty on paid administrative leave, formally reprimanded two top correction officials, and asking for the resignation of a third official for failure to act on the findings.
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March 25, 2014

Crucial Time in Massachusetts for Carbon Monoxide Safety

by Altman & Altman

It was a bitterly cold January night when firefighters responded to a report of an unconscious 7-year-old girl after the furnace vents in her family’s Plymouth home had been blocked by snow from a recent storm. Nicole Garofalo later died from carbon monoxide poisoning in her own home. Carbon monoxide, often referred to as the “Invisible Killer,” has claimed thousands of lives due to its odorless, colorless, and poisonous qualities. After this particularly terrible event, “Nicole’s Law” was enacted in her honor to require carbon monoxide detectors in homes and businesses in Massachusetts by March of 2006. Eight years later, residents in Massachusetts are reaching a crucial point. According to the Massachusetts Executive Office of Public Safety and Security, carbon monoxide detectors must be replaced every 5-7 years, making alarms installed as a result of the law in dire need of replacement.

According to CBS Boston, “It has been about seven years since the law went into effect, so there could be countless CO detectors that are at the end of their life. The devices are supposed to make a chirping sound to let you know they are no longer working, but there are no guarantees.” In collaboration with fire officials, the local CBS affiliate in Chicago performed an extensive test on several models of carbon monoxide alarms.
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March 24, 2014

Young Mother in Coma After Surgery on Wisdom Teeth

by Altman & Altman

Kristen Tavares, a 23-year-old mother of two, is now in a coma with severe swelling in her brain, according to the New York Daily News. The Hilo, Hawaii native was scheduled to have routine dental surgery to remove her wisdom teeth by Dr. John Stover when something went horribly wrong. At some point during the common procedure, Taveres went into cardiac arrest and became unresponsive. “It’s really hard especially for her family and just having our three-month-old son and to be put in this situation is really hard,” her boyfriend, Chauncey Prudencio told WAVE-TV. “It’s very strenuous and stressful for everyone.”

Kristen’s father says that CT scans show a large amount of swelling in her brain and her heart is still too weak to handle any subsequent medical procedures at this time. While Taveres’ children are staying with family for now, many are now wondering what could have gone wrong to cause her heart to stop. The New York Daily News cites Daniel Orr, a specialist in oral surgery and anesthesiology, who stated that, “it was possible a foreign body had gotten into her airway such as a piece of gauze or even a tooth…” The staff at Dr. Stover’s office used a defibrillator to shock Kristen’s heart back into rhythm, but she remained unresponsive after she was airlifted to an area hospital where she is connected to a breathing machine.
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March 21, 2014

Families of Asbestos Workers Awarded $12.5M in Mesothelioma Case

by Altman & Altman

This week, a New York Supreme Court judge jury awarded $12.5 million to the families of several workers who developed cancer after they were exposed to asbestos-containing materials. The victory at the end of the four month trial provides a sense of relief to the family of three New York tradesmen after watching their loved ones lose their battle the notoriously brutal disease. Though asbestos is carefully monitored and outlawed now, not much was known about the dangerous material commonly used for fireproofing and insulation when it was widely used until it was banned in 1989.

Since then, numerous studies have been conducted to determine the correlation between exposure to asbestos-containing materials and the rare cancer known as Mesothelioma. A study about early detection of the illness published in PLoS One, a respected science journal, states that, “…mesothelioma is an aggressive, asbestos-related pulmonary cancer that is increasing in incidence. Because diagnosis is difficult and the disease is relatively rare, most patients present at a clinically advanced stage where possibility of cure is minimal.” The disease has a vicious reputation as being extremely painful and difficult to treat. Because the illness attacks the lungs, air flow is disrupted and the patient is most often reduced to the confines of his or her bedroom as loved ones look on helplessly.
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March 19, 2014

Cell Phone Use Under Reported in Car Accidents, Causing Drivers to Underestimate Safety Threat

by Altman & Altman

Making the road safer for drivers and pedestrians alike remains a primary concern for lawmakers and first responders in the United States, but unlike seat belts, child car seats, and drunk driving, the mission to curb distracted driving due to cell phone use is difficult to enforce. The Washington Post reports that 28% of accidents are caused at least in part by talking or texting on a cell phone. However, according to a new infographic published by the National Safety Council, the actual data is more than likely much higher than the official report. The National Safety Council argues that cell phone use in fatal accidents is grossly under reported.

Officially, there were 350 fatal car accidents involving cell phone use in 2011. While 350 incidents may appear rather insignificant relative to a country of 317 million people, the National Safety Council believes that the absence of data regarding cell phone use poses a threat to public safety. When data is skewed or under reported, it causes the risk to appear less substantial than it may actually be, minimizing the impact on the decisions of the driver.
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March 17, 2014

Testosterone Supplements Linked to Heart Attacks in Young Men

by Altman & Altman

Television and print advertisements for Low T supplements like Androgel or Axiron are becoming increasingly common. Though the FDA has only approved the drug for patients with low testosterone levels abbreviated in the medical field as “Low T,” off-label prescriptions for such medications have doubled in four years to 430 million, according to CBS News. There have been warnings for women about the dangers of contact with testosterone therapy supplements for quite some time, but multiple recent studies found compelling evidence that Low T medications such as Androgel may triple the risk of a heart attack in men under 65 within 90 days of starting treatment. According to Bloomberg News, the “U.S. Food and Drug Administration said it will re-examine the safety of testosterone replacement drugs after two studies showed a higher risk of heart attacks and strokes in men who use them.”

The alarming new information comes as the market for Low T treatment has grown to $1.6 billion annually. The booming industry is being fed by seductive advertisements peddling the drug as a fountain of youth, driving sales and increasing prescriptions for even those with normal testosterone levels. A recent study published in the PLoS One medical journal found definitively that, “In older men, and in younger men with pre-existing diagnosed heart disease, the risk of MI [heart attack] following initiation of TT prescription is substantially increased.” Dr. Steve Nissen, a cardiologist at the Cleveland Clinic, is quoted by CBS News as explaining, “We don’t know very much about this therapy. What’s going on is a giant experiment with American men’s health at stake because we don’t have the long-term data on the safety of these products.”
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March 14, 2014

Two Serious MBTA Incidents in Less Than a Week.

by Altman & Altman

The MBTA now says that bus passengers aboard a Route 222 bus traveling down Washington Street in Quincy were forced to jump into action after the driver suffered an apparent seizure, according to multiple sources including WBZ and WCVB. Security camera footage from the moderately crowded bus shows the 37-year-old driver convulsing violently as some quick thinking passengers rushed into action.

The bus was heading toward the Fore River Bridge when the driver went into distress. One rider, Richard Hiort, grabbed the steering wheel and stepped on the break, bringing the bus safely to a stop while holding the driver up with his other hand. Speaking to WHDH news, Richard explained, “Basically I just held him. I grabbed onto the back of the chair. Back of the — one of the bars there, and just held him so he didn’t fall out of the seat.”
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