Articles Posted in Personal Injury

A jury has awarded Natalie M. Barnhard $66 million in her personal injury case against Massachusetts-based manufacturer Cybex International and Amherst Orthopedic Physical Center. The 30-year-old former physical therapy assisted became paralyzed six years ago when a Cybex exercise machine fell on her. She is now a quadriplegic.

The catastrophic spinal cord injury accident happened on October 2004 while Barnhard was working at Amherst Orthopedic. As she was doing a shoulder stretch, the leg extension machine fell on top of her and she suffered a spinal cord injury that caused two cervical vertebrae to break and the bones to compress onto her spinal cord. Barnhard says that four people lifted the 500-pound machine off her body.

During the personal injury trial, questions were raised about the design of the exercise machine and its operation. The plaintiffs’ alleged products liability and accused Cybex of providing inadequate warnings, conflicting installation and anchoring instructions, and of failing to warn that the machine could pose a tip-over hazard. Barnhard’s injury lawyers have said that seven other people in the US have been hurt in similar incidents involving Cybex machines.

One person was killed and three were injured when a single- engine plane crashed Sunday afternoon near Leverett, a town in Western Massachusetts. It’s not yet known whether the person who was killed was the pilot or a passenger. The injured persons have been taken to area hospitals.

The plane was a 28-year-old Cessna 206G, according to Federal Aviation Administration records. It was registered to Airborne Maintenance, Inc., which is based out of Long Island, in 2005.

Massachusetts state and local police have responded to the scene, and federal investigators are on their way.

Although we don’t hear about plane crashes very often, they occur much more frequently than is publicly reported. About 80 percent of plane accidents occur right before take-off or landing. The majority of plane accidents occur because of pilot error. Mechanical failure is another common cause.

If you or someone you know has been injured or killed in a plane crash, the owner, manufacturer, suppliers, pilots, or air traffic controllers might be responsible. Aviation accidents are extremely complex and require the skill of a highly-experienced lawyer. Call the lawyers of Altman & Altman LLP at 617. 492.3000 or 800.481.6199 (toll free) or contact us online.

Source: The Boston Globe, Plane crash in western Mass. kills 1, injures 3
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Holiday festivities have begun in downtown Boston. Among the events are Christmas tree and menorah lightings. Tonight, the official tree lighting celebration will take place at 8 p.m. in Boston Common where more 80 trees will be lit.

The holiday season should be full of happiness, and holiday decorations can help people to get in the spirit. Holiday decorations can, however, cause serious personal injuries. According to the U.S. Consumer Product Safety Commission, about 1,300 people are treated in emergency rooms every year for injuries related to holiday lights. An additional 6,200 are treated for injuries that involved Christmas trees or holiday decorations. Holiday lights cause approximately 510 fires every year, and 1/6 of all fires caused by candles happen during December. During the holiday season, fall- injury emergency room visits rise from 9% to 12% with people standing on furniture, ladders and roofs to deck the halls.

To prevent injury or property damage from ruining your holiday season:

•Keep Christmas trees away from radiators and fireplaces.

•Keep lit menorahs away from curtains and other decorations. Don’t go to sleep or leave your home while candles are lit.

•If you have young children, don’t use decorations that look edible, and don’t use decorations that break and become sharp.

•If you use spray-on snow, make sure that it is non-toxic.

•Check your Christmas tree lights for frayed wires, broken or loose bulbs, and other defects. These are serious fire hazards, especially on a dry tree.

•Be careful if you’re using extension cords. Don’t string more than three sets of lights together.

•Don’t stand on a couch to hang decorations. If you have to use a ladder, try to make sure that it stands properly and won’t bend or crack beneath you.

Sources:

The Boston Globe, Holiday festivities in downtown Boston

Medicinenet.com, Tips for preventing injuries during the holidays
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The widow of Marquis Barker has filed a $4 million Boston wrongful death lawsuit against the city over his fatal shooting by police officers. In her civil complaint, Kim Sanders Barker contends that cops should have called in a mental-health professional rather than using a gun to apprehend her husband. She is alleging Massachusetts excessive use of police force and civil rights violations.

Barker died on November 21, 2007 in a Walgreens parking lot. Police who approached him in the police cruiser he had stolen thought that he was carrying a semi-automatic gun when, in fact he was holding a non-lethal pellet gun.

Kim Barker says that after her husband left their house with the gun, she contacted 911 and told the dispatcher that not only was he carrying the gun, but also that he had suffered a breakdown and was diabetic. She contends that although there were cops who knew that her husband was mentally impaired, they failed to notify the officers who arrived at the scene. She also notes that even without any notice, her husband’s diminished physical and mental capacity should have been obvious. She says that police at the scene should have asked for a crisis negotiator or sought medical or psychiatric help for her husband rather than shooting him.

One man died and one was rescued after a lobster boat capsized on Sunday. The rescued man was found on Little Brewster Island, a Boston Harbor island, and was taken to Massachusetts General Hospital. The other man was found unresponsive in the water and was taken to the Coast Guard Point Allerton Station where he was pronounced dead.

The boat, called the Jacquelyn Ann, had left the Wessaguesset Yacht Club in Weymouth around noon on Saturday to retrieve lobster traps from Hull.

The Boston Globe: One rescued, one dead after boat capsizes

Sometimes, boat accidents are simply accidents where no one is to blame. Other times, boating accidents can be caused because of careless operation, operator inexperience, alcohol use, speeding, or defective products. If you or someone you know has been injured in a boating accident and you are not sure whether you have a personal injury claim, call the attorneys of Altman & Altman LLP today.
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With autumn underway and the winter driving season approaching, the National Highway Traffic Safety Administration is reminding the drivers of 15-passenger vans to take certain steps to protect the occupants in their vehicles from getting hurt.

15-passenger vans are known to have a higher rollover rate than most other autos. Not only does their high gravity center and rear ends that can go back up to four feet beyond the rear axle make them a rollover risk when the van is fully loaded, but also, their weight increases the risk of a tire blowout. Tire failure is another leading cause of 15-passenger van rollover crashes. Although the NHTSA now requires that the newer vans come with electronic stability control systems, there are still older 15-passenger vans that are still in use that lack this safety system.

Our Boston injury lawyers are familiar with the safety issues and auto defects involving 15-passenger vans that can result in catastrophic injuries and deaths for vehicle occupants and others.

A new state law has just gone into effect that prohibits kids under age 14 from operating ATVs. Our Boston ATV accident lawyers hope that this will decrease the number of injuries and deaths involving all-terrain vehicles.

According to a new study, the number of spinal cord injuries and brain injuries involving all-terrain vehicles has gone up by up to 50%, with younger riders at greater risk of sustaining this type of serious injury. The study was conducted by Drs. Joel D. MacDonald and Michael A. Finn of University of Utah, Salt Lake City and has been published in this month’s issue of Neurosurgery.

Researchers analyzed trends involving ATV-related spinal and brain injuries that took place in Utah between 2001 and 2005 when about 1,500 patients were injured in ATV accidents:

• 741 of the patients had spine injuries or head injuries or both.
• Approximately 500 patients had injuries serious enough that they had to go to the hospital.
• Over 50% of these patients were the recipients of intensive care.
• On average, hospital stays lasted four days.
• Injuries included facial fractures, skull fractures, facial lacerations, and spinal cord injuries.
• 4 patients were pronounced dead on arrival.
• 15 patients died while in the hospital.
• About 100 patients were sent to a rehabilitation center or nursing home or received home healthcare.
• 30% of the ATV injuries occurred during a vehicle rollover.
• Other common causes of ATV injuries included collisions with other vehicles, collisions with stationary objects, or loss of control of the ATV.
• Patients that hadn’t been using helmets were most likely to suffer head injuries.

Also, today at the American College of Surgeons’ annual meeting, public researchers and trauma surgeons said that people are far more likely to die from an ATV accident than a motorcycle crash. When the degree of injuries is the same, ATV accident victims were 50% more likely than motorcycle collision victims to require mechanical ventilation and medical care in an ICU and 50% more likely to die.

While operator error can be a factor in causing a Massachusetts ATV accident, all-terrain vehicle accidents and rollovers can occur because the vehicle was defective or malfunctioned in some way.

Study: Brain, Spinal Injuries Due to ATV Use Rise by 50%, ClaimsJournal.com, October 5, 2010
ATVs more deadly than motorcycles, MSNBC, October 6, 2010
Related Web Resources:
ATV Laws By State, CampingATV.com
ATV-Related Deaths and Injuries for All Ages, 1985-2008, ATV Safety.gov Continue reading

Over the weekend, a pilot crashed the helicopter he was operating into a swamp near the MBTA’s commuter rail station in Halifax. As a result of the accident, the pilot suffered from broken bones and serious burns.

According to the authorities, the helicopter was “experimental” and may have been built from a kit.

The aviation accident occurred shortly before 1:30 p.m. on Sunday afternoon. The injured pilot has been identified as a 50-year-old resident of Scituate.
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This past week, a Summerville man was rushed to the hospital after being struck by a street sign at the scene of a fire.

The Summerville resident peered out of his house to observe a fire at a neighbor’s house when he was struck in the head by the street sign. The incident took place on Fisk Avenue in Summerville.

A city spokesman outlined the events which lead to the man’s injury: The first fire truck that arrived at the fire attached a hose to a hydrant around the corner from the house. The second fire truck that arrived at the scene drove over the hose, which then wrapped around the axle of the truck.
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The fatal explosion which occurred during a Massachusetts condominium construction project in July has led the state attorney general to investigate the delivery of faulty propane to locations across New England and New York.

Martha Coakley, the Attorney General, stated that the propane from a facility in Westfield lacks the necessary odorant which alerts homeowners and workers of a possibly dangerous gas leak.

Officials began to inspect propane supplies following the discovery that it was a propane leak which caused the death of a Norfolk construction worker this summer. Other construction workers stated that they did not smell a leak before the explosion occurred. The propane was traced back to a facility in Westfield.
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