Wrongful Death

January 28, 2011

Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems

Pharmaceutical companies, like other manufacturers, must make products that are safe for use. Medications that are defective or dangerous can prove fatal-especially if one takes too much or falls victim to serious side effects. In Massachusetts, you can file a Boston dangerous drug lawsuit over a dangerous prescription drug or over-the-counter med that caused you or a loved one to fall seriously ill, develop serious health issues, or die.

Two drugs that were recently pulled from store shelves were the painkillers Darvocet and Darvon, which are now linked to heart problems. Xanodyne Pharmaceuticals. Inc. and the Food and Drug Administration announced the recall of both drugs and their generic versions late last year.

Darvocet is one of the most commonly prescribed pain meds. The drug has been given to more than 22 million people. However, the FDA has said that the pain relief benefits are not great enough compared to the related risks. Not only that, but, prior to the recall in 2009, the FDA insisted that Darvocet come with a “black box” warning about its different side effects.

January 25, 2011

Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist

by Altman & Altman

Another chapter in the tragic death of 4-year-old Rebecca Riley has reached an end. Last night, the Massachusetts wrongful death lawyers for her estate announced that a $2.5 million Boston medical malpractice settlement was reached with her psychiatrist, Dr. Kayoko Kifuji of Tufts Medical Center.

If you’ll recall, Kifuji was the one who prescribed the psychiatric drugs that Rebecca overdosed on after her parents gave her too much of the medications. Michael and Carolyn Riley were convicted of Rebecca’s murder in separate criminal trials last year.

The $2.5 million Boston psychiatric malpractice settlement is the maximum allowed under Kifuji’s insurance policy. The child psychiatrist, who continues to work at Tufts Medical Center, has not admitted any wrongdoing.

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 13, 2011

Investigators Wonder Whether Height of Trees Caused Massachusetts Airplane Accident On New Year’s Day

by Altman & Altman

Investigators are trying to determine whether the height of the treetops close to the Orange Municipal Airport played a factor in the Massachusetts plane crash that claimed the life of one woman on New Year’s Day. The victim, Jessica L. Fay, was the daughter of Steven T. Fay, who was piloting the twin engine Cessna 310. Steven survived the crash with injuries.

The private plane crashed into a swamp as it approached the airport. The Federal Aviation Authority, which is investigation the Massachusetts aviation accident, says that the plane’s wings had separated from the fuselage right before impact. Investigators are looking into whether the landing gear hitting the trees may have caused Fay to lose control of the aircraft.

Witnesses found Jessica unconscious in the swamp. CPR was performed to try and revive her. Unfortunately, she died at the Orange, Massachusetts plane accident site.

January 12, 2011

Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident

by Altman & Altman

The parents of Landon Zimmerman have filed a Boston wrongful death lawsuit against Crib manufacturer Simplicity, its successor company SFCA Inc., and retailer Hayneedle Inc. over the tragic crib accident that killed the 1-year-old. Landon died from asphyxiation when he became entrapped between his Simplicity crib’s frame and mattress.

His Massachusetts crib death was one of the reasons that the Consumer Product Safety Administration recalled all Simplicity cribs that have a mattress support frame made of tubular metal. According to Landon’s parents Lauren Zimmerman and Jeremy Fontaine, the retailer was grossly negligent because it failed to warn that the Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib that it was selling had “dangerous and defective characteristics.” For example, In the event that one of the crib’s frames were to detach, bend, or cause a portion of the mattress to collapse, a space could get created that a toddler or infant might fall through or get stuck or entrapped in. Also, per the CPSC, the Simplicity crib’s defects made it a hazard for suffocation, strangulation, and fall accidents. The boy’s parents contend that Hayneedle failed to provide warning on what were the safe and proper ways to assemble, maintain, and use the crib. Simplicity and SFCA Inc. are no longer in operation.

Crib defects cause injuries every year. Because children are frequently left alone in cribs, it may be too late by the time that someone discovers that the baby or toddler that had been left sleeping has suffocated or strangled in a Boston crib entrapment accident. Crib manufacturers and retailers can be held liable for Boston products liability or wrongful death if negligence or errors on the part of the manufacturer and/or the seller contributed to allowing the crib accident to occur.

December 31, 2010

Propane Tank Involved in Deadly Norfolk Construction Blast May Have been Lacking Chemical Odorant

by Altman & Altman

According to the Boston wrongful death lawyer of William Nichols’ family, the propane tank that exploded to cause his fatal Norfolk, Massachusetts construction accident last summer did not have ethyl mercaptan, a chemical odorant used to warn when there is a propane leak. Nichols, a 48-year-old Blackstone electrician, was working on the air conditioning and heading system of a duplex under construction on July 30 when the tank explosion occurred. He ended up buried in debris for over 90 minutes.

Nichols’s family reportedly plans to file Boston wrongful death complaints against Smolinksy Brothers Plumbing and Heating Service, the company that installed the heating system and EnergyUSA, which was responsible for installing the gas tank. The reports, issued by State Police and the state fire marshall, appear to clear DCP Midstream LLC, which delivered the gas.

Injured in the Norfolk propane blast were 72-year-old Foxboro resident David Bethel and 43-year-old Franklin local Robert Dena, who were both working for Deno Electric, Inc., 25-year-old Norfolk resident and Prevett Heating and Cooling employee William Prevett, 17-year-old Wrentham resident Thomas DiPlacido, and 58-year-old Norfolk local Mary Jackson, who lived in the adjacent condo. Firefighters John Zajac and David Payne were also injured.

December 16, 2010

$152 Million Boston Wrongful Death Verdict Awarded in Newport Cigarette Lawsuit

by Altman & Altman

A Suffolk Superior Court judge has awarded $152 million in punitive and compensatory damages to the estate of Marie Evans for her Boston wrongful death. The 54-year-old Roxbury woman died of lung cancer in 2002. $71 million is for compensatory damages. $21 million of this is for her son William. $81 million is for punitive damages.

The Suffolk County wrongful death complaint blamed cigarette maker Lorillard for getting Evans hooked on cigarettes at an early age. At just age 9 she was given free samples of Newport cigarettes through a targeted marketing campaign that involved a vehicle driving through the Orchard Park housing development so free cigarettes could be doled out. Prior to her passing, Evans spoke on videotaped depositions about how she started smoking the cigarettes at age 13. She says that she was too addicted to the cigarettes that she couldn’t stop smoking them even though she tried a number of times.

Lorillard continues to maintain that it never used free cigarettes to target youths. The cigarette maker intends to appeal the Boston wrongful death verdict.

December 14, 2010

Jury Awards $71 Million to Marie Evans’ Family

by Altman & Altman

A jury awarded $71 million Tuesday to the family of Marie Evans, a deceased smoker from Roxbury, in a legal triumph against the cigarette company Lorillard, Inc. Evans’ estate was awarded $50 million in compensatory damages, and her son was awarded $21 million. A hearing on punitive damages is set for Thursday.

Plaintiffs said that Lorillard targeted black children by handing out free samples of Newports. Jurors viewed a videotaped deposition, taken weeks before Evans’ death, in which she said that she started being given the samples at only 9-years-old. She said that a man, known as “the cigarette man,” would pass out cigarettes from a white truck.

Lorillard said that Evans was responsible for her own death because she continued to smoke, even after suffering a heart attack and discovering that her father had died of lung cancer.

According to the Campaign for Tobacco-Free Kids, African Americans have the highest tobacco-related mortality rate of any racial or ethnic group. Newport is the most popular cigarette brand among African-American young people, with 8 out of 10 young, black smokers choosing Newport, according to that website. Cigarette marketing has historically been more aggressive in low- income and minority communities.

Sources:

The Boston Globe, Mass. jury rules against Lorillard, awards $71M to dead smoker’s family

Campaign for Tobacco-Free Kids, Tobacco Company Marketing to African Americans

If you have lost a family member because of the negligent conduct of another person or entity, contact a wrongful death attorney today.
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December 6, 2010

Massachusetts Wrongful Death Suit Against Tobacco Company Goes to Jury

by Altman & Altman

Lawyers made their closing arguments in Suffolk Superior Court Monday in the first case targeting a cigarette-maker’s past practice of giving out free samples.

The attorney for the estate of Marie Evans, a Boston woman who started smoking at 13, said that the cigarette company tried to hook black children and that Evans was seduced by the samples starting when she was 9 years old. The lawyer for North Carolina-based cigarette manufacturer Lorillard, Inc. argued that the manufacturer should not be held accountable because Evans continued to smoke after learning of the health risks, receiving warnings from doctors, and suffering a heart attack 15 years ago.

Evans died of lung cancer in 2002 at the age of 54. She had been smoking Newports for 40 years. Her son, William Evans, is representing her estate in this Massachusetts wrongful death action. The trial began last month.

Many lawsuits have been brought against tobacco companies to hold them responsible for personal injury and wrongful death. These suits have been brought not only by individuals but also by government officials. They tend to involve products liability, strict liability and civil rights (for example, marketing to African Americans). The usual defenses are contributory (or in Massachusetts, comparative) negligence and the common law doctrine of “volenti non fit injuria,” which means “to a willing person, no injury is done.”

Sources:
The Boston Herald, Boston cigarette lawsuit heads to jury

The Boston Globe, Jury is asked to find tobacco company liable in woman’s death
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November 23, 2010

$9 Million Boston Wrongful Death Settlement Reached with Family of State Trooper Killed in Big Dig Tunnel

by Altman & Altman

The family of Vincent Cilia has settled their Boston wrongful death lawsuit against the Massachusetts Turnpike Authority and a number of contractors for $9 million. Cilia, a Massachusetts state trooper, suffered fatal injuries July 2005 when he was thrown off his motorcycle and struck the handrails in a Big Dig tunnel.

In their Suffolk County wrongful death complaint, Cilia’s family alleged that the handrails on the walkways in the tunnels are poorly designed. They compared the rails to the blades from a shredder in terms of the danger they can pose to motorists. Six other deaths have been linked to the rails. Most of the victims were dismembered after striking the them. One person survived but lost an arm.

The handrails are a little over 3 feet off the ground and approximately the height of a car window or motorcycle seat. The railings are supposed to support workers on walkways so that they don’t fall into traffic. While state officials have insisted that the handrails’ design is safe and complies with safety standards, The Boston Globe is reporting that newly obtained documents show that in 1992, the US Department of Transportation warned the Big Dig project director that there rails might pose a hazard. The director, however, replied that the rails were safe.