Wrongful Death

October 11, 2013

Holyoke, Massachusetts Family Settles Wrongful Death Lawsuit Against Fraternity

The family of Nicholas Grass has reached a wrongful death settlement with the Delta Kappa Epsilon Fraternity over the tragic traffic accident that claimed the life of s Yale University student in 2003. Grass, 19, was one of nine people riding in an SUV after an event hosted by the fraternity when the driver of the sport utility vehicle, also a fraternity member and a Yale student, purportedly fell asleep at the wheel, causing the car to crash into a large truck that had been involved in an earlier collision.

It is believed that the driver, Sean Fenton, was sleep deprived from “hell week,” an annual event that involves the alleged hazing of fraternity pledges. However, lawyers for Delta Kappa Epsilon have argued that the fraternity shouldn’t be held liable because it could not have predicted the “unfortunate events” leading to the deadly collision.

Fenton, 20, also was killed in the truck crash, along with two others. Five other Yale students sustained injuries in the motor vehicle collision.

September 16, 2013

Millions of Dehumidifiers Recalled Because of Fire Hazard

by Altman & Altman

More than 2 million dehumidifiers have been recalled throughout the United States and Canada after reports have surfaced of fires and property damage caused by certain models produced by Gree Electric Appliances.

According to the United States Consumer Product Safety Commission, 12 brands of humidifiers, all manufactured by Gree Electric Appliances of China, were voluntarily recalled because of their potential to overheat, smoke, and/or catch fire. Thus far, the CPSC has estimated there has been about $2M in property damage caused by these dehumidifiers.

The models involved in the recall include 20-, 25-, 30-, 40-, 50-, 65-, and 70-pint dehumidifiers with the brand names Danby, De’Longhi, Fedders, Fellini, Frigidaire, Gree, Kenmore, Norpole, Premiere, Seabreeze, Soleus Air, and SuperClima. An estimated total of 2.2 million dehumidifiers were sold to consumers in the United States, and approximately 52,500 were sold in Canada. Consumers who own any of these models have been advised by Gree and the CPSC to immediately turn off and unplug the appliance and contact Gree for a full refund.

Fire%20Damage1LARGE.jpg Product manufacturers, designers, distributors, wholesalers, and sellers are liable for making sure that their consumer products are not only manufactured correctly, but are safe for consumption or use. The scope of those injured or killed by consumer products is overwhelming; and the CPSC estimates that tens of thousands of people fall victim to various types of faulty consumer products each year-from children’s toys to automobiles to household appliances. When merchants fail to fulfill this obligation, and someone is seriously injured or is killed, the injured victims and their family members are entitled to file a claim against responsible parties.

There are three kinds of product defects covered under products liability law including flawed product design, manufacturing process error, and lastly, marketing defects. A design defect is a defect that is inherent to the product itself, which makes the product unsafe for its intended use. Though the product may have been produced and marketed the way it was intended, it may have been designed improperly. In most instances with these types of cases, the manufacturer could have potentially used a safer design to avoid any foreseeable risks associated with the product. In the instance with Gree Electric, Gree ultimately bares the responsibility for manufacturing and selling a flawed product. Their product is a fire hazard and is prone to cause serious property damage, personal injury, or death.
Continue reading

September 13, 2013

Massachusetts Parents Settle Wrongful Death Lawsuit Over Fatal UConn Bus Accident for $5.5 Million

by Altman & Altman

The parents of David Plamondon have settled their wrongful death lawsuit with the University of Connecticut for $5.5 million. Linda and George Plamondon, who are from Westminster, Massachusetts, sued the school shortly after their 20-year-old son was struck by a campus shuttle bus while in a campus crosswalk in 2011. The driver of the bus, Lucasz Gilewski, also was a student. He who would go on to plead no contest to the criminal charge of negligent homicide and serve time in probation.

David sustained fatal injuries after he was run over by the bus’ tires. His parents contended that Gilewski, who police say was driving under the speed limit but wasn’t looking at the road when he hit David, was reckless and careless. The Plamondons are blaming the state for Gilewksi’s misconduct and they asked that UConn stop employing students as shuttle bus drivers. This hiring practice continues to this day. The Plamondons believe that David’s death could have been prevented.

Campus Negligence

August 21, 2013

Widow Files $10M Massachusetts Wrongful Death Lawsuit Against the New England Patriots

by Altman & Altman

The woman whose husband suffered a fatal cardiac arrest in the stands during a New England Patriots game is suing the football team, the National Football League, and others for her husband’s Massachusetts wrongful death. Kimberly Chartier claims that her husband, Jeff, went into cardiac distress after an altercation with a security guard at Gillette Stadium.

The plaintiff believes that the guard, Arthur Sherman, behaved inappropriately and had no reason to confront her Jeff, 40, and their son Tedy, 6. She is calling the interactions “antagonistic.”

Chartier contends that the Guard’s behavior and the events involving the interaction are because the other defendants were institutionally negligent and did not properly train or supervise Sherman. The Massachusetts wrongful death case, submitted in Hampden Superior Court, accuses the other defendants of not providing “safe…competent” security at the stadium, not properly coordinating and communicating about security and safety policies, and neglecting to create a safe environment for patrons. She is asking that her husband’s next of kin receive damages for his death, including income, protection, services, assistance, care, society, guidance, companionship, advice, and counsel lost. He also leaves behind their daughter Amber.

August 16, 2013

7-Month-Old Boy Dies After Ingesting Laundry Detergent Pod

by Altman & Altman

Several months ago, our Boston injury lawyer blog posted a story about a recent alert put out about by the Consumer Product Safety Commission warning that single-load liquid laundry packets are toxic for kids-especially because their gel-like tiny packets tend to be soft and colorful, making them attractive to young children, who tend to be easily prone to putting tiny objects in their mouth.

Now comes a report that a 7-month-old boy has died after eating one of these laundry packets and an investigation into the incident is ongoing. According to the Orlando Sentinel, the ingestion accident took place in a battered women’s shelter. It is not known at this time whether ingestion of the detergent caused the baby’s death. If it is, this would be the first reported poisoning death involving these pods.

The American Association of Poison Control reports that already this year there have been 5,753 kids under the age of sick that have gotten sick from ingesting laundry detergent packets. The pods are the right size for putting in the mouth and can puncture easily, potentially causing serious side effects even if the detergent just makes contact with the eyes or skin. Serious side effects have included vomiting, breathing problems, drowsiness, eye irritation, temporary vision, ocular burns, and diarrhea. Many of the laundry detergent brands that make these detergent pods don’t package them in childproof containers, which means that if a child gets to one of these containers while unsupervised, he/she can easily open one up and touch the pods and/or put it in the mouth, thinking it is a toy, candy, or an object to teeth on.

July 31, 2013

Beverly, MA Widow Files Wrongful Death Lawsuit Against USA Triathlon

by Altman & Altman

Cheryl Angelo is suing USA Triathlon in her husband’s drowning death. Richard Angelo, 53, died last summer while taking part in the event in Vermont. Now, Cheryl is seeking $1 million from the organizers of the event.

According to her wrongful death complaint, Richard went into medical distress while swimming at the event, which took place in Lake Champlain in Vermont on August 18, 2012. He was taken to the hospital after rescue crews discovered him in the water. An autopsy report states that the 53-year-old drowned.

Now, Cheryl is contending that USA Triathlon was negligent in how it ran the athletic event, did not properly supervise the swim, and lacked sufficient lifeguards, trained staff or adequate lifesaving equipment. She says that her husband was seen going off course during the event and while rescue personnel tried to redirect him, that was all they did.

July 16, 2013

Brookline Hot Coffee Assault Gives Woman First-Degree Facial Burns

by Altman & Altman

In Brookline, a woman sustained first-degree burns to her face when another woman assaulted her with hot coffee. The incident took place at the HRI hospital cafeteria.

According to the report, Amber Kelly threw the drink at the woman, who is related to the ex-wife of her husband. Kelly is charged with assault and battery with a dangerous weapon, in addition to four other additional warrants.

Massachusetts Personal Injury and Assault

July 5, 2013

Extremely Hot Weather Can Play a Part in Boston Injury Cases Involving Nursing Home Patients, Kids, and Athletes

by Altman & Altman

The National Weather Service is reporting that the season’s second heat wave is here. In Eastern Massachusetts, a heat advisory continues today with temperatures in Boston striking 90 degrees as early as mid-morning, possible hitting 96 degrees, with the hot weather expected to continue through the weekend.

When temperatures are this high, it is important to exercise extra vigilance to prevent heat-related injuries and deaths from happening. In certain instances, failure to do so can be grounds for a Boston injury or wrongful death case.

Hyperthermia

June 25, 2013

Boston Medical Malpractice May Lead to Hospital Infections

by Altman & Altman

A recent article in The New York Times talks about how hand-hygiene can be a challenge for some hospital workers. This is cause for concern, seeing as the number of incidents involving superbugs resistant to drugs is growing in number. While some bugs and infections can’t be prevented, there are those that can be stopped or avoided if only hospital staff had taken the necessary sanitation and precautionary measures. In Massachusetts, if you feel that the infection or affliction you contracted while at a hospital or another medical facility was caused by staff negligence, please contact our Boston medical malpractice law firm right away.

The Centers for Disease Control and Prevention reports that infections acquired at hospitals cause almost 100,000 patient fatalities annually. Some causes of these infections that preventable, aside from poor hand-hygiene (The Times says that studies report that unless they are motivated/encouraged, hospitals workers clean their hands as little as 30% of the time that they engage with patients), include failure to sterilize the patient, not putting on the appropriate sterile gown, hat, mask, and gloves, failure to maintain a clean and sterile environment, failure to sterilize surgical instruments prior to use, not double gloving during surgery, not properly handling or disposing certain needles, laboratory waste, pathology, anatomy, and blood, and failure to recognize/treat signs of infection.

An infection can prove deadly for some patients, especially those that are very young, advanced in age, and/or have compromised immune systems. Unfortunately, ignorance, negligence, understaffing, exhaustion, inexperience, poor training, emergency situation pressures, and inadequate systems and procedures can cause doctors, nurses, and other staff to cut corners or skip key steps that might have prevented an infection and/or death. Hopefully, new federal rules that will cause hospitals to lose Medicare funds should patients contract preventable infections will provide some incentive for change, awareness, and action.

June 7, 2013

Wrongful Death Lawsuit Filed in Massachusetts Blames Hotel Security Guard for Teen’s Fatal Shooting During Class Trip

by Altman & Altman

In Middlesex County Court, the family of Justin Johnston is suing tour operator EF Institute for Cultural Exchange, EF Cultural Tours GmbH, EF Cultural Travel Ltd., and EF Travel Inc. for wrongful death. Johnston was on a trip to Costa Rica with his high school class in 2011 when he was shot by an unlicensed security guard at the hotel where he was staying. According to CBS, the guard mistook the 18-year-old for a thief.

John Johnston says that the guard was not properly trained and medical services were not readily available to save his son’s life. He claims that the tour operator did not reveal that emergency services at the hotel would be inadequate.

Justin’s dad says that EF, which claimed it was one of the largest education tour companies in the world, is the one that solicited teachers at his son’s US school to do the tour. He contends that the operator made repeated assurances that the kids would be safe. His family wants over $5 million in punitive damages for wrongful death, pain and suffering, gross negligence, and Massachusetts law on travel services violations.