Personal Injury

August 10, 2010

Child Injured After Falling Two Stories from a Lynn Daycare Facility

The attorneys at Altman & Altman have learned that a toddler fell from a second story back porch in Lynn this past Sunday. The child was at a Lynn daycare facility when the accident occurred. The toddler is currently in stable condition at Massachusetts General Hospital.

The 22-month-old child was on the back porch of her daycare facility when she fell 15-feet, landing in the driveway. Currently, the Lynn police and the Department of Children and Families are investigating the incident. The operator of the Lynn daycare has agreed to cease all operations of her business pending the ongoing investigation.

If you or a loved one has been hurt in an accident, you may be entitled to compensation through a Boston Personal Injury lawsuit. Please contact the law firm of Altman & Altman to for an initial consultation with an experienced lawyer at no cost to you.

August 5, 2010

91- Year-Old Driver Hits Three Pedestrians Attending a Newburyport Parade

by Altman & Altman

A 91-year-old driver lost control of his minivan this past Sunday afternoon at a parade in Newburyport, injuring three parade goers.

Before the operator of the automobile was stopped by a large boulder on the opposite side of the road, he struck three individuals, including a husband and wife. The pair was hit while they were walking in a crosswalk at the parade.

The couple was taken to the local hospital where they received treatment for their injuries. The third bystander who was struck by the minivan refused treatment on the scene.

At the moment, investigators are inspecting the 91-year-old’s vehicle to see if there were any mechanical problems with the accelerator. The local police have charged the driver with driving to endanger and operating with defective equipment.
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August 4, 2010

Boston, Massachusetts Personal Injury: Are Dietary Supplements Dangerous Drugs?

by Altman & Altman

Consumer Reports is saying that some dietary supplements may be causing more harm than good. Its report warns of 12 ingredients in supplements that can cause serious side effects, including liver, cardiovascular, and kidney problems. The ingredients that Consumer Reports is cautioning against are:

• Yohimbe • Lobelia
• Kava • Greater celandine • Germanium Comfrey • Country mallow • Coltsfoot • Colloidal silver • Chaparral • Bitter orange • Aconite
Consumer Reports says there are even supplements that contain pesticides, heavy metals, and prescription drugs.

According to CNN, the Food and Drug Administration says that these possible side effects are dependent upon how much of an ingredient the user takes over a certain period of time. Unfortunately, the Food and Drug Administration’s power to regulate the dietary supplement industry is limited and many supplements are sold without having to prove that they work and are safe.

A recent article on the magazine’s Web site talks about one man, John Coolidge, who started to experience joint pain, diarrhea, lung problems, hair loss, and the loss of toenails and fingernails after taking Total Body Formula, a supplement that was supposed to improve his health. Hundreds of others have stepped forward to complain about the adverse reactions they experienced while taking the supplement. Based on the FDA’s testing of the supplement following the complaints, most samples had over 200 times the amount of selenium than what was listed on the supplement’s label and almost 17 times more than the recommended intake of chromium.

Some have expressed concern that there may even be some manufacturers who may be adding pharmaceuticals into their supplements. One doctor, internist Dr. Pieter Cohen at Cambridge Health Alliance, says that some of his patients have gotten sick from taking supplements.

Our Boston products liability lawyers want to remind you that there are legal remedies available to the victims of a product that caused serious injuries, illness, or wrongful death.

Three Types of Product Defect:
• Design defects • Marketing defects • Manufacturing defects
Dangerous supplements: What you don’t know about these 12 ingredients could hurt you, Consumer Reports, 2010
Report: Dietary supplements pose health risks, CNN, August 4, 2010

Related Web Resources:
12 supplements you should avoid, Consumer Reports
Selected Examples of Deceptive or Dangerous Marketing for Herbal Supplements, GAO, May 26, 2010 Continue reading

July 13, 2010

Chicopee Parents Sue Springfield Hospital for Massachusetts Personal Injury Stemming from Deceased Baby’s Organ Removal

by Altman & Altman

The parents of 7-month-old Kaylee Marie Drolet are suing Baystate Medical Center in Springfield and four doctors for Massachusetts medical malpractice. Matthew Drolet and Samantha Martino claim the defendants conducted an autopsy on Kaylee and took out her organs without their consent. The hospital disagrees, claiming that Martino gave her verbal consent that her baby’s organs could be removed.

Kaylee passed away on March 31, 2007. The infant had suffered from a very rare genetic disease called Charged syndrome.

Martino, 26, says that minutes after Kaylee was pronounced dead, a hospital doctor asked her to complete paperwork for an autopsy. She claims that she asked him to come back later but that he never did.

May 20, 2010

$4.3 Million Massachusetts Personal Injury Verdict Awarded to Man Injured When Snowplows Pushed Snow Onto His Truck

by Altman & Altman

A Plymouth County jury awarded Mark Lambert $4.3 million for Massachusetts personal injuries he sustained when snowplows pushed a heavy load of snow off a highway overpass on January 17, 2005. The snow, which an expert witness compared to a 3-b-8 foot block of concrete, struck Lambert’s Mack truck on Route 44, crushing his vehicle.

Lambert, who owns Rainbow Fruit stores, sustained serious back injuries. He claims that he has experienced constant pain since the 2005 car crash. He is unable to work and has had to undergo back surgeries.

The defendant of this Massachusetts injury lawsuit is PA Landers. In 2008, the company was ordered to pay the state $3 million and the federal government $900,000 for overcharging for the asphalt that was used during the Big Dig project. The company was accused of generating bogus weight slips for truckloads of asphalt over an eight-year period.

March 11, 2010

Family to File Plymouth County Wrongful Death Lawsuit in Psychiatric Patient’s Homicide

by Altman & Altman

The family of Joshua Messier intends to file a Massachusetts wrongful death complaint against the state now that the medical examiner’s officer has issued a homicide ruling. Messier died from blunt head impact and “compression of the chest” last May after he was restrained by guards at Bridgewater State Hospital.

The 23-year-old psychiatric patient was treated at the Brockton Hospital ER on May 4 for heart failure. There was dried blood in his hair and nostrils. He also had facial bruises and ligature marks on his body. The Plymouth District Attorney’s Office is investigating Messier’s death.

Meantime, the officers involve claim that after patient assaulted two cops, other officers helped restrain him. Messier then went into cardiac arrest. According to The Boston Globe, Massachusetts Correction Officers Federated Union Steve Kenneway is calling the incident a “clean use of force.” He says that that the examiner’s finding that Messier’s death was a homicide is just a legal term noting that another person was involved in the fatality.

February 11, 2010

Father and Son File Federal Lawsuit Suing Attleboro, Massachusetts Police for Excessive Use of Force During Arrest

by Altman & Altman

Robert F. Robinson and his son Mario have filed a federal lawsuit accusing two Attleboro police officers of Massachusetts police brutality. The Robinsons were arrested on July 12, 2007 in connection with a hit-and-run accident. The victim in the crash was the 13-year-old son of another cop, Detective Alex Aponte.

According to their Boston police brutality lawsuit, Detective Timothy Cook Sr. and Timothy Cook Jr., also a father and son, physically assaulted the Robinsons during the arrest. Robert Robinson was charged with leaving a crash site where personal injury is involved, aggravated assault and battery by means of a dangerous weapon, and negligent operation. Mario was charged with disorderly conduct and assault and battery on a police officer. The criminal charges against both of them were eventually dismissed.

In the Robinsons’ Boston police brutality complaint, which claims that their civil rights were violated, the plaintiffs say that Timothy Cook Jr. choked Mario and struck him on the face. Timothy Cook Sr. “menacingly” placed his weapon on a table, making Robert Robinson worry about his safety. Robert also claims that Cook Sr. shoved him against an elevator wall and made “derogatory” remarks in an attempt to spark a physical altercation.

January 24, 2010

Massachusetts Police Brutality?: Death of Worcester Man While In Police Custody is Ruled a Homicide

by Altman & Altman

An attorney for the family of Kenneth Howe says there will be a civil rights lawsuit filed over his death. The 45-year-old man died while in police custody after he was arrested at a North Andover sobriety checkpoint on November 26.

Howe was accused of striking one state trooper and trying to flee the scene. Police arrested him after a brief pursuit and he was charged with assault and battery on a police officer.

The family’s Massachusetts injury attorney says that Howe never attempted to resist arrest. According to the driver of the pickup truck that the Worcester man was riding in, the trooper pulled Howe from the vehicle and started yelling out that she had been assaulted. 10 – 20 cops then surrounded Howe, who afterwards was unable to stand up unassisted. Police picked him up and dragged him to a cruiser.

While in the booking room at Andover State Police Barracks, Howe became unconscious. He was transported to Lawrence General Hospital where he was declared dead.

Howe’s relatives have said that the “blunt force” injuries to the chest and head that killed Howe were a result of police beating him during his arrest. This week, the Chief Medical Examiner’s office ruled that the Worcester man’s death was a homicide, with “beating” as the cause of the victim’s fatal injuries. However, the medical examiner’s office was quick to point out that it is not assigning criminal wrongdoing or blame. Final forensic and autopsy findings are still pending.

Massachusetts Police Brutality
If you believe that your loved one sustained injuries or died while in police custody because a Massachusetts police officer used excessive force when apprehending, questioning, arresting, or interrogating him/her, you should not be afraid to report the incident. Police brutality is a violation of a person’s civil rights. Even if no wrongdoing is found on the part of an officer or a police department, you may have grounds for filing a Massachusetts police brutality complaint.

Medical Examiner: Death in cop custody a homicide, Boston Herald, January 23, 2010
Man Dies In State Police Custody After Arrest, WBZ, November 27, 2009

Related Web Resources:
Office of the Chief Medical Examiner’s Office, Mass.gov
Massachusetts State Police
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November 17, 2009

Woman Files Massachusetts Wrongful Death Lawsuit Accusing Yarmouth Police Officer of Using Excessive Force to Apprehend Boyfriend

by Altman & Altman

Camille Campos is alleging police brutality in the Massachusetts wrongful death lawsuit she has filed against police officer Christopher Van Ness and the town of Yarmouth. The officer fatally shot Andre Luiz de Castro Martins following a high-speed police pursuit.

At the time, media reported that on July 27, 2008, Van Ness attempted to pull Martins, 25, over. A police pursuit ensued when Martins wouldn’t stop the vehicle.

Campos says her boyfriend, a Brazilian national, wanted to avoid arrest because he was in the US illegally. Police say that Martins had been at a bar and smoked pot before the car chase. The high-speed pursuit ended when Martin’s drove his vehicle onto a lawn.

According to the Cape and Islands District Attorney’s report, Van Ness got out of the vehicle and approached Martins, who then allegedly tried to hit the cop with his car. That’s when Van Ness shot Martins through the lung and heart. Van Ness has been cleared of any wrongdoing.

However, Campos and others in the Brazilian committee disagree with this finding.They say that Van Ness used excessive force when apprehending Martins. The police officer has also been accused of violating the Martin’s constitutional rights and depriving the victim’s children with Campos of a father’s support and love. Campos says the experience caused her emotional trauma and physical signs of injury. She says the town of Yarmouth failed to properly train Van Ness to do his job.

Police are supposed to refrain from using excessive force when apprehending or arresting anyone. Per Lectlaw, they are only allowed to use the degree of force reasonably necessary to make an illegal arrest. Excessive use of force is a violation of one’s civil rights and can lead to Massachusetts personal injury or wrongful death.

Yarmouth police officer, town sued in fatal shooting, Cape Cod Times, November 5, 2009
Excessive Force, Lectlaw

Related Web Resources:
Police Brutality

Town of Yarmouth
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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