Wrongful Death

July 20, 2012

Following “The Dark Night Rises” Shooting Tragedy, Some Movie Theaters Ramp Up Security

Some movie theaters have heightened security, in the wake of this morning’s deadly massacre at a Colorado multiplex. The shooting, which took place during the premiere at “The Dark Knight Rises” at the Century 16 Movie Theater in Aurora, left at lest 12 people dead and 59 others injured. Young children, including one infant, and adults, were among the victims.

At Altman & Altman, LLP, our Boston injury lawyers are watching the aftermath of this tragic incident along with the rest of the nation. It is horrible for such a senseless event to mar what should have been a fun, memorable event for moviegoers.

The suspect, 24-year-old James E. Holmes, is accused of entering the theater through an emergency exit while brandishing multiple weapons. He fired on the unsuspecting audience shortly after the movie began. Holmes, who did not resist arrest afterwards, is said to have told police he was the Joker, the notorious villain from the last Batman movie.

July 9, 2012

$7.5M Massachusetts Wrongful Death Settlement in 2010 Norfolk Propane Blast Lawsuit Filed by Electrician’s Family

by Altman & Altman

The family of William Nichols has reached a $7.5 million Massachusetts wrongful death settlement in its lawsuit against EnergyUSA and Smolinsky Plumbing and Heating over the 2010 Norfolk propane explosion that claimed his life. Nichols, a 46-year-old Blackstone electrician, suffered fatal injuries, including burns to 80% of his body, when the blast happened and then trapped him under rubble for over 90 minutes.

At the time of the explosion, he had been working on the air conditioning and heating system in a duplex under construction. There had been no odor to warn him that an explosion was coming.

According to the family’s Norfolk wrongful death complaint, EnergyUSA under-filled a new propane tank, which caused the chemical odorant to fade. This is the reason why the propane that leaked had no smell and could not be detected–a theory confirmed by reports about the leak accident. They contend that the company violated the warning located on the propane tank cover that instructs for the new tank to be filled to capacity. Records indicate that only 200 gallons was delivered to the 1,000 gallon tank on April 29, 2010.

July 6, 2012

Boating Accident During Independence Day Celebrations Kills Three Children

by Altman & Altman

Now that summer is here, more people will be going out into the water, which will increase the likelihood of both Massachusetts boating accidents and drowning deaths happening. Throughout the state, our Boston injury lawyers at Altman & Altman LLP represent victims who have been injured or families that have lost loved ones in both types of incidents. Your initial case evaluation with us is free.

Boating accidents can occur for many reasons, although the most common kinds of Massachusetts boating accidents involve boats colliding with other vessels or a fixed object, falls overboard, flooding, and water skiing accidents. Common causes include operator inattention, reckless/careless operation, operator inexperience, speeding, alcohol, and passenger/water skier misbehavior. Boating accidents may involve recreational boats, cruise ships, and US navy vessels. Civilians or maritime workers may be involved.

One recent tragic boating accident that made national headlines this week involved a yacht in Long Beach, New York on July 4. The 34-foot 1984 Silverton vessel, which was carrying over two dozen passengers, capsized on its way back to shore on Wednesday night. Many of the passengers ended up in the 21-feet deep waters, but Victoria Gaines, 8, Harlie Treanor, 11, and David Aureliano, 12, drowned because they were trapped in the cabin.

Officials are trying to determine what caused the boating accident. Some of the possibilities they are considering: the yacht was overcrowded, suffered a mechanical failure, or was hit by a powerful wake from the other boats.

3 Children Die After Yacht Capsizes, The Wall Street Journal, July 5, 2012

Boating Safety Resource Center, US Coast Guard

More Blog Posts:
Middleborough, MA Woman Dies on Royal Caribbean Cruise Ship, Boston Injury Lawyer Blog, January 30, 2012

Alcohol Allegedly a Factor In Hull, Massachusetts Boating Accident that Caused Winthrop Woman to Sustain Fatal Head Injury, Boston Injury Lawyer Blog, September 15, 2011
US Coast Guard Reports 9 Massachusetts Recreational Boating Accidents in 2007,
Boston Injury Lawyer Blog, September 4, 2008 Continue reading

June 22, 2012

Did Surgical Clips Cause Deaths of Kidney Donors?

by Altman & Altman

According to CNN.com, surgical clips made by Teleflex may have played a role in a number of kidney donor deaths. Teleflex sent a warning letter, in some cases several, to hospitals in 2006 letting them know that the clips were not safe to use in laparoscopic kidney donor surgeries. Yet in the wake of five related fatalities since 2001, questions are being raised as to whether the warnings they received were enough. 12 others have suffered injuries.

In Massachusetts, our Boston injury lawyers represent victims and their families with cases against the manufacturers of unsafe products. We also handle medical malpractice cases.

While kidney donor surgery is generally considered safe, using these surgical clips can up the risk of serious health complications. The surgical clips are used to close up the artery, which needs to be cut in order to remove the kidney from the donor, so that the patient doesn’t bleed out. (Staples can also be used to close the artery.) Unfortunately, these clips can slip off, which can cause the patient to bleed to death.

June 13, 2012

Williamstown, Massachusetts Nursing Home Negligence Lawsuit Seeks Berkshire County Wrongful Death Compensation Following Patient’s Fall Accident

by Altman & Altman

The Estate of John B. Satiro is claiming that Massachusetts nursing home negligence contributed to his Williamstown wrongful death. Satiro passed away after getting hurt in a fall accident while staying at the Sweet Brook Transitional Care and Living Center.

According to the lawsuit, Satiro fell when he was dropped from a hoyer lift by nursing home staff that were trying to transfer him. He sustained “extensive leg wounds” and died.

The complaint contends that the Williamstown nursing home was negligent in the care it provided Satiro due to their failure to create a safe environment for him or ensure that the assisted living facility did not violate safety rules, procedures, policies, doctors orders, care plans, and federal and state regulations. As a result, claims his estate, Satiro was living in a facility where not only did these violations place him at risk of sustaining injury but he actually did get hurt.

The Berkshire County, MA nursing home negligence lawsuit points to an alleged pattern of nursing deficiencies involving inadequate quality of care, the failure to create an environment that is free of accident hazards, and not doing enough to make sure that each patient was properly supervised and received the help that he/she needed.

Massachusetts Nursing Home Falls
With so many sick and elderly patients prone to being involved in and getting seriously hurt in a Massachusetts fall accident, it is the responsibility of nursing homes to make sure that any dangers that could increase the chance of a fall are eliminated. This includes getting rid of step/trip/slip and fall hazards to prevent Boston slip and fall accidents and making sure that resident who need help walking or transferring from a bed to a wheelchair of bathtub are supported by experienced staff. For example, there may be certain lift devices that can only be operated safely when more than one nursing home worker is present. There are also proper safety procedures for transferring patients, even if it is just from a wheelchair to his/her bed. Bed rails, handrails on walls, and rails in the shower are also helpful to have in an assisted living facility to decrease the chance of a Boston nursing home fall.

Boston Globe Reports that Many US Nursing Homes are Wrongly Prescribing Antipsychotic Medications to Residents, Boston Injury Lawyer Blog, April 29, 2012
Fighting Massachusetts Nursing Home Negligence: Patient Advocates Want the State to Only Allow Properly Trained Facilities to Provide Care for Dementia and Alzheimer’s Patients, Boston Injury Lawyer Blog, February 11, 2012

Proactively Choosing the Right Assisted Living Facility for Your Loved One Can Decrease The Chances of Boston Nursing Home Abuse and Neglect, Boston Injury Lawyer Blog, November 28, 2011 Continue reading

May 30, 2012

Teen on Trial Over Deadly 2011 Haverhill Car Crash Claims He Wasn’t Texting While Driving

by Altman & Altman

18-year-old Aaron Deveau claims that he wasn’t texting while driving when his vehicle swerved over the center line to collide head-on with the auto driven by Donald Bowley in February 2011. The 55-year-old man sustained severe traumatic brain injuries and died more than two weeks after the crash. Bowley’s 58-year-old girlfriend also suffered serious injures.

Deveau has pleaded not guilty to causing injury in a crash (while texting and driving) and negligent motor vehicle homicide. During a video- and audio- recorded statement between the then-17-year-old and police, Deveau said he hadn’t been texting when the Massachusetts collision happened. (A check of his phone records indicate he received two texts in the two minutes leading up to the collision and he reportedly received and sent nearly 200 text messages that day. However, it is possible that he didn’t check the messages right before the accident.)

According to the Boston Globe, Haverhill Police Officer Wayne Tracey said the head-on crash was one of the “worst” he’d ever seen.

May 24, 2012

Harvard University Sued for Cambridge, Massachusetts Wrongful Death Over 2009 Drug Deal that Became Dorm Shooting

by Altman & Altman

Two years after Justin Cosby, 21, was fatally shot during a drug-related robbery at a Harvard University dormitory, his mother, Denise Cosby, is suing the Cambridge institution for his Massachusetts wrongful death.

Justin, who wasn’t a Harvard student, was a drug dealer. He had gone to the dorm to sell marijuana when he was shot in the stomach while being robbed during a deal gone awry in Kirkland House’s J-Entryway basement.

Jabrai Jordan Copney was sentenced to life in prison with no parole for Justin’s first-degree murder. He and two others are accused of purposely getting Justin to the dorm basement with the plan of stealing pot from him at gunpoint. Copney is the one who fired the weapon at Justin when the latter refused to give them the drugs. The other two, Blayn Jiggetts and Jason Aquino, have made plea deals for their crimes and they are serving 9 to 12 years and 18 to 20 years behind bars, respectively.

May 16, 2012

Investigators Look at Pool Fence in Westborough Drowning Death

by Altman & Altman

Investigators are trying to determine how a 4-year-old boy with autism managed to get into his apartment complex swimming pool on his own and drown. Alexie Lepoer was found in the water on Mother’s Day.

At the time of the Westborough drowning death, which occurred at the Park Village West complex, the pool had not yet been opened for the swimming season and the water was murky. It had been uncovered about a week before the accident so that it could be cleaned and treated.

Although the pool is surrounded by a chain-link fence that was constructed in the 1970’s, authorities believe that Alexie may have gotten into the water by crawling under a section of the fence that had come loose-just big enough for someone his size to be able to crawl through. Town investigators are now looking at other pools in the area with similar fencing.

April 30, 2012

Pradaxa Lawsuit Claims Drug’s Side Effects Caused Woman to Bleed to Death

by Altman & Altman

The estate of a woman who bled to death is suing pharmaceutical company Boehringer Ingelheim for her wrongful death. Gertrude Eubanks died on April 4, 2011 from internal bleeding just days after she started taking Pradaxa, an anticoagulant. The drug, which is supposed to prevent strokes in individuals with atrial fibrillation, was introduced in the US on October 2010 and offered as an alternative to Coumadin (warfarin).

However, Pradaxa, unlike Coumadin, lacks a reversal agent that can be used to stop bleeding problems. This lack of an antidote is reportedly causing a number of these people to die.

The US Food and Drug Administration has now received hundreds of reports about internal bleeding and hemorrhaging. For example, one man suffered a fatal massive brain hemorrhage after a fall accident. He too had been taking Pradaxa. Also earlier this year, the Institute for Safe Medication Practices issued a report confirming at least 505 Pradaxa-related bleeding events Compare that to the 176 bleeding incidents involving Warfarin reported. Federal regulators are now looking into whether Pradaxa is safe for use.

If you believe you have a Massachusetts Pradaxa case on your hands, our Boston injury lawyers want to hear from you.

According to the Eubanks estate’s dangerous drug lawsuit, she started taking Pradaxa in March 26, 2011. She began to experience internal bleeding, which led to her death nine days later. During the time she was on the anticoagulant, she experienced serious mental anguish.

Her wrongful death complaint contends that Pradaxa was defectively designed and that the manufacturer should have known that the warnings made available with the drug were insufficient. The inadequate warnings prevented Eubanks and her doctors from knowing the risks involved for her when taking the medication. The lawsuit accuses the defendants of negligence, breach of duty to Eubanks, not doing enough to notify medical professionals and consumers about the risks involved, and failing to take Pradaxa off the market even after all of the reports of serious bleeding side effects.

Other Pradaxa lawsuits are being filed.

Death magnifies Pradaxa hemorrhage concerns, Fox, March 7, 2012

Study: Higher heart attack risk from pradaxa, CBS News, January 11, 2012

More Blog Posts:
Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer, Boston Injury Lawyer Blog, January 30, 2012

Aspirin Causes Some People More Harm than Good, Says Study, Boston Injury Lawyer Blog, January 21, 2012

Adverse Reactions to Diabetes Meds, Antiplatelet Drugs, Blood Thinner, and Insulin Linked to Elderly Seniors Ending Up in the ER, Reports New Study, Boston Injury Lawyer Blog, November 26, 2011 Continue reading

April 16, 2012

Massachusetts Had Lowest Pediatric Death Rate in 2009, Reports CDC

by Altman & Altman

According to a report issued by the Centers for Disease Control and Prevention, the state of Massachusetts had the lowest pediatric death rate among all the US states in 2009 at 4 child deaths per 100,000 kids (age 19 and under). The national average for that year was 11 deaths/ per 100,000 children. The CDC has published its findings in its Morbidity and Mortality Weekly Report.

CDC principal deputy director Ileana Arias says that one reason for Massachusetts’ lower child death rate is that the state has taken pains to address child injury prevention, including developing policies and programs to promote children’s safety. In 2008, the state passed a law mandating that all kids under the age of 8 use a booster seat when riding a car. Following a 2006 law that toughened up requirements for teens seeking to earn their driver’s license, teenage driver deaths declined by 75%.

Our Boston injury lawyers handle Massachusetts injuries to a minor cases. We represent children and their families with civil lawsuits against negligent product manufactures, automakers, physicians, property owners, pet owners, and other liable parties.

Per the CDC’s report, nationwide car crashes comprised close to 50% of the 9,143 pediatric injury fatalities that occurred 2009. Although this figure is still too high, it is a significant decline from the number of child car crash deaths that took place a decade ago. That said, child injuries continue to be the number one cause of children fatalities.

The CDC says that the rates of child fatalities caused by infant suffocation while sleeping and teen poisoning deaths (many from prescription drug overdoses) have gone up. However, there has been a decrease in the number of deaths from fall accidents, drownings, and fires/burn injuries. Unknown causes was cited as the reason for 1070 child deaths in 2009.

Massachusetts Child Injury Cases
We know how devastating it can be to see your child suffer because someone else was reckless/careless. Sometimes, the negligent party may be a company or an individual you do not know. We also represented clients with Boston wrongful death cases or personal injury claims against a relative or a friend.

Massachusetts leads nation with lowest rate of accidental deaths in children, Boston.com, April 16, 2012
Vital Signs: Unintentional Injury Deaths Among Persons Aged 0–19 Years – United States, 2000–2009, CDC
Safe Kids USA

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

Boston Child Injuries: Do Some Toys Cause Hearing Problems?, Boston Injury Lawyer Blog, December 26, 2011

Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading