Personal Injury

March 26, 2012

Odor at Logan Airport Sickens 15 Workers

Fifteen TSA workers complained about sickness this morning after a strange smell escaped from an open bag in the Logan Airport Terminal A baggage room. Officials declared a hazardous materials situation in the baggage room and state police, fire department, and a bomb-sniffing dog were brought to the scene. The TSA workers griped about eye and throat irritation as well as headaches. Four workers were sent to the hospital. No passengers were subjected to the odor.

….Alas, a false alarm. According to reports, the odor was identified as a rodent repellant. The owner the bag wanted to ward off mice–not bomb an airplane. Sigh of relief.

Moreover, the latest updates indicate the sick workers appear to be in good condition.

March 24, 2012

Prevent Boston Personal Injury by Knowing About 15-Passenger Van Safety Issues

by Altman & Altman

With Spring underway, the National Highway Traffic Safety Administration wants to remind drivers that there are risks involved with driving a 15-passenger van. These vehicles have been involved in some very catastrophic traffic crashes, one reason being that with so many passengers able to ride in these vans, the number of injuries and deaths tend to be higher.

A few years back, CBS’s 60 Minutes II called the 15-passenger van one of the more dangerous vehicles on the road. This can be primarily attributed to the design of the vehicle. Because the back end has been extended so that up to four people can ride behind the van’s rear axle, this part of the vehicle can end up being very heavy, which can cause it to swing out should the vehicle suddenly swerve. Also, 15-passenger vans tend to have a high gravity center. The more people riding in it (even if there are no more than 15) the heavier it becomes, which increases its rollover risk. Tire blowouts can prove very dangerous on a 15-passsenger van.

Our Boston injury lawyers represent victims and families involved in Massachusetts 15-passenger van accidents. Even if driver negligence played a factor, you could have a valid auto products liability claim against the vehicle manufacturer.

To decrease the chance of a Boston 15-passenger van accident and any resulting injuries (NHTSA):

• Don’t overload the van.
• Wear a seat belt.
• Maintain the car regularly.
• Make sure the you are using tires that are the proper size; check them regularly to ensure that are properly inflated.
• Only let motorists with the proper license and experience drive your 15-passenger van.

A lot of people that ride professionally driven 15-passsenger vans treat the vehicle as if it were a bus by not bothering to buckle up. This is not a good idea. 15-passenger van accidents can result in head trauma, broken bones, traumatic brain injuries, massive internal injuries, burn injuries, spinal cord injuries, and other serious injuries.

Consumer Advisory: NHTSA Offers Tips for Safe Travel in 15-Passenger Vans, NHTSA, March 22, 2012

Q&A: 15-passenger vans, Insurance Institute for Highway Safety, April 2011

Rollover, CBS News, February 11, 2009

More Blog Posts:
NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyer Blog, December 15, 2011

Preventing Boston 15-Passsenger Van Accidents: NHTSA Reissues Consumer Warning, Boston Injury Lawyer Blog, October 15, 2010

15-Passenger Van Accident on Massachusetts’s Tobin Bridge Leaves 13 People Injured, Boston Injury Lawyer Blog, September 1, 2008 Continue reading

March 23, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck

by Altman & Altman

With record-breaking temperatures yesterday, Massachusetts residents poured outside to enjoy the sunshine and summer temperatures. Walkers, runners, bicyclists, rollerbladers, picnickers, and beach-goers (including kids playing hooky from school) were seen in droves. Unfortunately, the day did not end as gloriously for all.

According to news reports, on Wednesday evening around 6pm, 58-year-old Cynthia Pacheco of New Bedford was hit and killed by a FedEx freight truck in New Bedford Industrial Park. The FexEx truck was making a left-hand turn when it hit her. The incident is still being investigated. Police could not confirm whether or not Pacheco was wearing a helmet.

With virtually no protection against guardrails, trees, fences, cars, and trucks, bicyclists can suffer minor injuries like bumps and bruises to serious injuries such as broken bones, head injuries and even fatalities. If you or a loved one has been injured or killed in a bicycle accident in Massachusetts, you should contact an experienced MA bicycle accident attorney to determine whether you may be able to financially recover.

March 21, 2012

Car Collides with School Bus in Marshfield, Injuring Three

by Altman & Altman

According to news reports, a serious bus crash today in Marshfield on Route 3A caused two individuals to be MedFlighted to trauma centers for help. A full sized school bus apparently crashed into a Ford station wagon that had run a stop sign at an intersection. The two seriously injured individuals were MedFlighted were riding in the station wagon, and the third woman in the wagon was seriously injured as well. The South Shore Community Action Council (SSCAC) bus was carrying 11 preschool students and 3 adults, on the way to South Shore Head Start and Day Care, who were all wearing seat belts and were uninjured.

Buses are clearly a very economical mode of transportation that has become nearly essential today, particularly in the transport of children. At the same time, history has shown that buses-along with other larger vehicles-are more prone to turn-overs and can cause incredible amounts of damage when involved in accidents. The SSCAC bus involved in this accident was owed by the privately owned SSCAC, a non-profit on the South Shore to aid low-income individuals.

If you or a loved one has been injured in a car, bus or truck crash in Massachusetts, you should contact an experienced car accident attorney to determine whether you may be able to financially recover.

March 19, 2012

Pregnant Massachusetts Woman Killed in Fort Lauderdale Vacation Accident

by Altman & Altman

Somehow, vacation accidents strike an even more painful chord in our hearts than other types of accidents. A vacation is a time to escape from the stresses of daily life and relax. For some, vacation means snow-covered mountains, skiing, and snowboarding. For many others, vacation means sunshine, pools, tropical cruises, boating and family. Regardless of the case, the term “vacation accidents” may appear a tragic oxymoron to some.

In an incredibly tragic and unusual accident, a pregnant woman from Medford and her unborn child were killed yesterday in Florida when a driver lost control of her car and crashed into a cabana. The 34-year-old female driver, Rosa Rivera Kim, crashed into the 2-story hotel cabana in which the 26-year-old Medford resident Alanna DeMella and her husband had been staying in during their vacation. DeMella was 7 months pregnant with her son at the time. According to reports, Ms. DeMella was a third grade teaching assistant in Arlington and the school is preparing to deal with the crisis.

This case is distinct from the standard run-of-the-mill car accident case in several major ways: (1) the driver had an unborn child who was also killed; (2) the manner in which the accident occurred-crashing through a cabana-is incredibly unusual and somewhat bizarre; and (3) the couple was on vacation out-of-state. How this combination of factors could influence the location and outcome of a potential wrongful death lawsuit have not been determined.

March 12, 2012

Motorcycle Collides with Car in Allston, Causing Serious Injuries

by Altman & Altman

This has been a glorious day for most people in the Boston area, with high temperatures drawing walkers, bikers, runners, and dog-walkers out into the sunshine. The day also held hopes of being a great one for motorcyclists to speed along in in one of the first warm breezes of the year. Unfortunately, however, the day has not been so bright for all. Around noon today, a motorcyclist was involved with a collision with a car near an intersection in Allston, causing the biker serious, life-threatening injuries. The collision occurred along Commonwealth Avenue at the intersection with Harvard Avenue, one of the city’s busiest intersections and a stop on the above-ground “B” train of the MBTA’s Green Line.

Although most motorcyclists wear (or should wear) helmets, motorcyclists generally have no other form of protection from outside forces, including weather, concrete, trees, and–as was the case here–other cars. While car and truck drivers at least have a physically separating them from other cars, motorcyclists (and bicyclers) have no such protection, so contact with another vehicle is typically direct and, therefore, quite dangerous.

Our thoughts and sympathies are with the injured rider and his family.

March 9, 2012

Snowmobile accident seriously injures Massachusetts woman

by Altman & Altman

According to news reports, a woman from Hopkinton, Massachusetts was seriously injured in a snowmobiling accident near Jackman, Maine on Thursday. Apparently, the 46-year-old woman was snowmobiling with a group of people, but then she was unable to make a right-hand turn, veered off the trail and crashed into the woods. The snowmobile landed on top of her, while continuing to spin, causing further injuries. The group soon realized she was missing and doubled back to find her. The woman was transported via helicopter to a hospital in Bangor. Authorities have indicated that vehicle’s speed and the woman’s lack of familiarity with the area were potential contributors to the accident.

Snowmobiling is incredibly popular. According to the International Snowmobile Manufacturers Association, 51,796 snowmobiles were sold in the U.S. in 2011, and there are about 1.55 million registered snowmobiles in the country. Unfortunately, snowmobiling accidents are not all that uncommon. About one month ago, a 51-year-old Massachusetts man died in a snowmobile accident near Milan, New Hampshire around February 8, 2012. Like yesterday’s incident, the man appears to have been the last riders in a group and lost control of his snowmobile. Although the man was wearing a helmet, his died on the scene.

To use a snowmobile in Massachusetts, a person must be registered with the Massachusetts Environmental Police and must wear a helmet. If you have any questions about MA regulations concerning snowmobile use, or regulations in another state, or if you have been injured in a snowmobiling accident in-state or elsewhere, you are advised to seek the advice of a seasoned MA snowmobile accident lawyer.

February 29, 2012

Are Massachusetts Schools Doing Enough to Prevent Student Violence?

by Altman & Altman

In recent years, student incited violence has made national headlines as injuries and deaths have resulted. From the Columbine High School massacre in 1999 to the suicide of Phoebe Prince, the South Hadley High School girl who was bullied online in 2010, the country has been a witness to how youth violence can lead to adult consequences. With schools now more than aware of what can happen, are they doing enough to protect their students?

Recently, Just North of Boston, 29 Lynn English High School students were suspended after videos of two girls brawling were posted online. Dozens of kids surrounded them, cheering the brawlers, while others used their cell phone cameras to record the fight. Criminal charges will likely be filed against the two girls.

Gone are the days when the idea of two girls fighting conjured up only images of hair pulling and shoving, which, our Boston injury lawyers would like to note, can also result in at least one, if not both persons, getting hurt. Just last Friday, a 10-year-old California girl suffered a fatal traumatic brain injury after she and another girl, age 11, fought each other in a nearby alleyway over a boy.

Meantime, the country is also reeling after Monday’s deadly student shooting at an Ohio high school where 17-year-old Lane gunned down high school students who were at a cafeteria table. Three of the victims have died. Two others are recovering from their injuries. Lane has confessed to the shootings. He says he chose his targets at random.

Can schools be held liable when violent crimes happen under their watch? Depending on the specifics of what happened, the answer can be yes. For example, Prince’s family settled their Hampshire County, Massachusetts wrongful death lawsuit with the South Hadley Public School District.

Mass. high school girls fight on tape, dozens suspended, charges loom, CBS News, February 28, 2012
Girl who died after school fight was bleeding inside skull, Los Angeles Times, February 28, 2012

Ohio Shooting Suspect Confesses, Prosecutor Says, The New York Times, February 29, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Three Teens Injured in Canton Group Home During Brawl, Boston Injury Lawyer Blog, June 30, 2011 Continue reading

February 24, 2012

Did Boston Surgical Error Cause Red Sox Relief Pitcher to Miss Baseball Season?

by Altman & Altman

Bobby Jenks, the Red Sox relief pitcher, claims that a Boston medical mistake during spinal surgery caused him to have to undergo an emergency procedure 18 days later. Now, Jenks may not be able to pitch this season.

Jenks underwent spinal decompression surgery at Massachusetts General Hospital last December. The procedure was supposed to alleviate a back condition. The urgery was performed by Dr. Kirkham Wood, who heads up MGH’s orthopedic spine service.

Jenks says that following the first procedure, he was leaking spinal fluid, suffered severe headaches, experienced severe pain, and developed an infection in his incision wound. 18 days after the surgery, he underwent an emergency procedure while in Arizona. Jenks says that if he didn’t have the second surgery the infection might have spread to his brain. (If, in fact, a medical error caused the complications that Jenks experienced, the Red Sox baseball player may have grounds for a Boston medical malpractice case against the Massachusetts hospital)

February 22, 2012

Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death

by Altman & Altman

A judge has upheld the $20M Andover wrongful death verdict awarded to the family of a woman who died after she was injured while going down an inflatable pool slide. Robin Aleo, 29, sustained fatal injuries when the slide partially collapsed as she descended head first and she struck her head on the pool deck.

After the Andover swimming pool accident, Aleo, who suffered a spinal cord injury and broke her neck, became a quadriplegic that couldn’t breath without help. She was later removed from life support.

Her family filed an Essex County, Massachusetts products liability complaint against Toys “R” Us, which imported the Banzai Falls in-ground slide that was made in China. They contended that the slide was never tested to see if it fulfilled federal standards.

Safety standards dictate that pool slides have to be able to safely carry up to 350 pounds without deforming or collapsing. Attorneys for the defense contended that because the slide was inflatable, it isn’t subject to the testing that is generally required for other pool slides.

Last year, a jury awarded the family $20.6M in Andover wrongful death damages. Toys “R” Us filed a motion asking that the verdict be lowered and a new trial take place. A Superior Court judge denied both requests.

While no money can make up for the death of a loved one, it can provide family members with some financial relief while allowing them to hold any responsible parties liable for wrongdoing. Product manufacturers, sellers, distributors, and importers must make sure that the consumer goods that they sell meet all safety standards so that the chance of serious injury or death is decreased. Even if the party didn’t manufacture the product but played a role in the chain of distribution that allowed consumer goods to enter the market, that person or entity could be ordered to pay damages.

$20 million verdict upheld in pool slide lawsuit, Boston, February 17, 2012
$20M Verdict Upheld in Massachusetts Pool Slide Lawsuit, Insurance Journal, February 20, 2012

More Blog Posts:
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012

Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading