Personal Injury

April 23, 2011

Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit

In a tragic police shooting that’s made national headlines, Danroy Sr. and Angella Henry are suing New York police officer Aaron Hess and the village of Pleasantville where he works for their son’s wrongful death. Hess shot and killed Danroy DJ” Henry last October outside a bar at a shopping center in New York last year.

The Henry family is from Easton, Massachusetts. If you’ll recall, our Boston injury lawyers reported on this case earlier this year. At the time, Henry’s parents had filed a wrongful death claim saying that they intended to file a $120 million lawsuit. They said their son was murdered.

The shooting happened October 17, 2010 when a police officer encountered unruly patrons outside Finnegan’s Grill. He called for backup and about 50 cops arrived at the scene.

According to police, an auto driven by Henry accelerated and struck a cop with its mirror. The officer, who ended up on the hood of the vehicle, then shot at the driver. When the vehicle kept moving, another cop shot at the car.

Some witnesses, however-including those who were riding in Henry’s car at the time-say that the reason he was driving away was because one of the police officers ordered him to leave the fire lane. They say that the officer on the hood started shooting at Henry before he could slow down the car.

Earlier this year, a grand jury refused to indict Hess in Henry’s death. Hess recently was given an award by the Pleasantville Police Benevolent Association over his handling of what the union described as “this ordeal.”‘

Danroy Henry Sr. told CNN that he believed the grand jury was presented faulty evidence. In the Henrys’ wrongful death lawsuit, they claim that Hess exhibited a “reckless disregard for human life.” They also contend that their son’s civil rights were violated. The Henry’s are seeking compensatory and punitive damages.

If the jury finds that Hess used excessive force when apprehending the 20-year-old Pace University football player, they would then award a wrongful death verdict to his parents. The outcome of this case is unrelated to whether or not criminal charges were filed against Hess.

Family of slain student files lawsuit, Boston, April 21, 2011
Parents of gunned-down student file wrongful death suit, CNN, April 20, 2011

Related Web Resources:
Wrongful Death Claims, Nolo
Wrongful Death, Justia

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyers Blog, January 17, 2011
Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyers Blog, January 3, 2011
Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyers Blog, February 15, 2011 Continue reading

April 4, 2011

Massachusetts Injury Accident: One Man Dead, Another Seriously Injured in Fall Out of Moving Bus

by Altman & Altman

A day of drinking beer turned tragic on Saturday night after two men who were roughhousing fell out of a moving bus on Route 2. The victims are 31-year-old Thomas Johnson of Gardner, who died from his injuries, and 34-year-old Seth Davis of Winchendon, who sustained serious injuries from the Massachusetts bus accident.

According to police, the two men were on a Colonial Tours charter that had taken them on a daylong pub crawl of several breweries when they fell out of one of the windows on the bus. According to Telegram.com, the 3-foot-10inch-by-2-foot-5-inch window, which opens from the bottom, is located in the bus bathroom. The bus driver reportedly didn’t know the two men had fallen out of the bus, which was carrying over 50 partiers and moving at a speed of 60 mph, and kept on going for several miles.

The Boston Herald reports that Davis’ mother has said that passengers on the bus believe that the bus’s faulty equipment is to blame for the tragic Massachusetts injury accident. Police are investigating the fall incident.

March 29, 2011

Massachusetts Auto Products Liability Lawsuit Seeks Damages from Mitsubishi Over Deadly SUV Rollover in Revere

by Altman & Altman

The parents of Jason Alan Foster are suing Mitsubishi for his Revere, Massachusetts wrongful death. Foster, then a 17-year-old Ipswich teen, was fatally injured in a SUV rollover crash on Route 1 on August 6, 2009.

Foster and another person were riding in the rear seat of a 2000 Mitsubishi Montero when the driver, an inexperienced teen, lost control of the SUV, which rolled over on a curve. Foster and 16-year-old girl were both thrown from the vehicle. She also died from her injuries.

In their Revere auto products liability complaint, Michelle and Charles foster claim that the SUV rollover occurred because the Montero had an “unreasonably dangerous” design. Their Boston wrongful death lawyer says that this particular Mitsubishi vehicle is “notorious” for its involvement in rollover accidents. The Fosters are alleging that the vehicle displayed poor maneuverability, had a high gravity center, was prone to oversteering, and had been designed in a way that did not protect occupants during rollovers. They also contend that Mitsubishi did not “properly warn” about the vehicle’s flaws, defects, or flawed design even though a number of plaintiffs had already filed civil complaints about these problems.

March 18, 2011

Sterling Man Sues Strip Club for Worcester Personal Injury Over Alleged Beating By Club Employee

by Altman & Altman

Patrick Blanchard is seeking Massachusetts personal injury damages from the Platinum Premier Gentleman’s Club in Worcester. The 25-year-old Sterling resident contends that he was beaten and robbed by a club employee last May.

In his Worcester personal injury complaint, Blanchard claims that strip club employee Easton Byfield brought him to the men’s room, wrongfully accused him of selling drugs to dancer, struck his face four times, and stole $300 from him. Byfield, an Oxford resident, has been charged with kidnapping, assault and battery, unarmed robbery, and filing a false police report.

Blanchard says that someone else shot the incident on video and the footage was posted on YouTube and other Websites. The plaintiff says that the video has been watched “hundreds of thousands” of times and that this has caused him to suffer severe emotional distress, humiliation, and extreme embarrassment. He says that his damages for emotional trauma alone are over $30,000.

March 8, 2011

Did You Know That If A Massachusetts Hospital Loses Your Medical Records You Have the Right to Sue?

by Altman & Altman

Last year, South Shore Hospital in Weymouth admitted to losing more than 800,000 patient health records. While the hospital admitted this mistake to Massachusetts Attorney General Martha Coakley and the public, it never directly notified each person whose medical records had been lost. Most of those affected by this Massachusetts hospital negligence also likely didn’t realize that they are entitled to sue over this breach of privacy.

Although the hospital decided to invoke a provision under state law that allows consumers to be told of such breaches through the “substitute notice” process-in this case, the media, e-mail, and the hospital’s Web site-Coakley’s office made it clear that it did not agree with the way that the Weymouth hospital chose to notify those who were affected.

The records that the South Shore hospital lost were computer files containing personal information belonging to patients, doctors, employees, donors, volunteers, vendors, and business partners. This information included names, Social Security numbers, birth dates, phone numbers, driver’s license numbers, patient numbers, medical record numbers, health plan information, diagnoses and treatment information, dates of service, and credit card information found in files for the period of January 1, 1996 to January 6, 2010. The information went missing early last year as data was being shipped to a contractor that was supposed to destroy them.

February 15, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident

by Altman & Altman

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135-the same spot where she has watched the Boston Marathon for 26 years-when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

February 8, 2011

Massachusetts Dangerous Drug Lawsuit Says Raptiva Caused Serious Infections

by Altman & Altman

Gerald Sylvia is suing Xoma LLC and Genentech, Inc. for Massachusetts personal injury. In his dangerous drug lawsuit, he claims that the drug Raptiva caused him to develop acute retinal necrosis and meningitis. He is now legally blind.

Genentech recalled Raptiva in 2009 after the drug, used to treat psoriasis, was linked to three suspected cases of progressive multifocal leukoencephalopathy (PML), a deadly brain infection that can turn fatal. In addition to attacking the central nervous system, PML can cause paralysis, speech impairment, vision loss, weakness, cognitive deterioration, and death.

Raptiva, a subcutaneous injection, increased the risks of life-threatening infections, lymphoma, neurological complications, malignancy, and death. Sylvia claims that the drug manufacturers knew about the health risks posed by the drug yet failed to warn physicians or patients. He says that the defendants allowed the defective drug to remain in the market when they knew there were safer options.

Unfortunately, each year, thousands of Americans are killed because of adverse side effects from taking prescription drugs and over-the-counter medications. In some cases, a defective drug is allowed to remain in the marketplace even after the medication has caused serious side effects in users. Failure to warn of possible side effects has resulted in health complications that could otherwise have been avoided.

It is a drug maker’s responsibility to make sure that their medications don’t cause catastrophic injuries or serious health issues. When a drug manufacturer fails in this duty, the victim or his/her family may have grounds for a Boston dangerous drug lawsuit.

Sylvia et al v. Genentech, Inc. et al, Justia Dockets & Filings
Raptiva is withdrawn from the US market, UPI.com, April 9, 2009

Related Web Resources:
Raptiva, National Institutes of Health
Genentech

Other Dangerous Drug Blog Posts:
Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems, Boston Injury Lawyer, January 28, 2011
Boston, Massachusetts Personal Injury: Are Dietary Supplements Dangerous Drugs?, Boston Injury Lawyer, August 4, 2010
Pfizer Settles for $400,000 the Massachusetts Dangerous Drug Lawsuit Filed by Family of Neurontin User who Committed Suicide, Boston Injury Lawyer, April 5, 2010 Continue reading

January 30, 2011

Whistleblowers Lawsuits Can Lead to Financial Compensation for Those Brave Enough to Speak Out

by Altman & Altman

Our Boston injury lawyers are aware that whistleblowers are doing a great service by reporting a wrongdoing by a company or organization when no one else will. Fortunately, there are laws, such as federal government’s False Claims Act (FCA), the Toxic Substances Control Act, the Sarbanes-Oxley Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, and several Massachusetts laws, which provide whistleblowers some protections, including protection retaliation from an employer. A whistleblower also may be entitled to a percentage of a settlement reached with the entity that has been sued over the illegal activity.

Private citizens can file a qui tam “whistleblower” lawsuit on behalf of the federal government against the party that committed the wrongdoing. The whistleblower must have direct and independent information about the alleged fraud-information that has not been publicly disclosed-and actual evidence that fraud has been committed. He/she might choose to report the wrongdoing internally or to regulators, the media, agencies, or attorneys.

Our Boston whistleblower lawyers know how intimidating it might be to expose illegal misconduct-especially when committed by your own employer. We can help stop this misconduct while protecting a client’s rights and making sure he/she is compensated for having the courage to speak out and file a whistleblower complaint.

Recent whistleblower cases making the headlines:
• Last week, Lockheed Martin settled allegations that it submitted false claims on a US government contract for $2 million related to its work on the Naval Oceanographic Office Major Shared Resource Center. Its settlement is the same amount. The company’s alleged wrongdoings were reported in a whistleblower lawsuit. For filing the whistleblower complaint, David Magee, a former center employee, will get $560,000 of the settlement.

• Hospitals in several states have settled their qui tam lawsuit accusing them of fraudulent billing practices and charged Medicare too much for a surgery procedure known as kyphoplasty. The settlements with seven hospitals brings the total recovery of the case to $101 million. Whistleblowers Craig Patrick and Chuck Bates, who both used to work for one of the entities that also settled with the government over the fraud, are entitled to receive 15% to 25% of what the government recovers.

Lockheed to pay $2 million to settle lawsuit, The Washington Post, January 25, 2011
Medicare Claims Settlement Nets $6.3M from 7 Hospitals, HealthleadersMedia, January 6, 2011

Related Web Resources:
False Claims Act, Cornell University Law School
Massachusetts False Claims Act, TAF.org Continue reading

January 17, 2011

Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting

by Altman & Altman

Three months after police shot and killed 20-year-old Massachusetts local DJ Henry in his car outside a bar, his family has filed notice of claim seeking $120 million in wrongful death damages against the New York town of Mount Pleasant and the village of Pleasantville. Henry died last October.

According to police, on October 17, 2010, Henry, who is a student and football player at Pace University, allegedly struck two officers with his vehicle. Some witnesses, however, dispute this claim and contend that the 20-year-old was actually attempting to move his car at a cop’s request.

Henry’s parents, Angella and Danroy Sr., are calling his death a murder. They are claiming that not only were the police officers negligent in their use of excessive force, but also that they were inadequately trained.

January 3, 2011

Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality

by Altman & Altman

Melvin Jones III has filed a federal lawsuit against the Massachusetts city of Springfield, its police commissioner, and six officers. He is alleging the excessive use of police force and the violation of his constitutional rights.

Jones, who is black, claims that he was beaten, kicked, pushed, and struck with a flashlight and called a racial epithet during a traffic stop over a faulty muffler in November 2009. He says that he was beaten unconscious, sustained broken bones and teeth, and was at least partially blinded in one eye. A witness captured the incident on video. Jones was charged with resisting arrest and drug possession.

Jones says that the six cops named in the Massachusetts police brutality complaint tried to cover up the assault on him. One of the police offices, Jeffrey Asher, allegedly struck him with a flashlight at least 15 times. Asher was fired from the job and faces criminal charges. The three other cops that were at the traffic stop, Officers Michael Sedergren, Theodore Truiolo, and Lt. John Bobianski were disciplined. Jones is seeking unspecified monetary damages and fees and wants a jury trial.