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

A new report by Bloomberg News has brought to light a troubling trend in complaints received by federal regulators at the FDA. In tracking those involving metal-on-metal hip replacement systems since 2000, it became apparent that there were about 16,800 total filed and that the majority occurred over the last couple of years. The report, which comes before next week’s advisory committee meeting scheduled by the FDA to review the metal-on-metal replacement systems, points to some concerning data.

In comparing the number of adverse event reports for each year, the FDA saw 682 filed in 2008-four times as many as the previous year-but 12,137 filed last year. In addition, more than 14,000 of those complaints filed in the last decade involved people who required surgery to remove the implant. Perhaps most worrisome is the fact that many see these complaints as reflecting only 1% to 10% of all issues actually experienced in the United States.

Much of the concern surrounding the metal-on-metal hip replacement systems has surfaced in recent years due to reports suggesting that they may be prone to early failure, as well as a DuPuy ASR hip recall issued in August 2010 which impacted more than 93,000 systems sold internationally. The early failures are largely a result of the metal parts rubbing against each other, which can cause microscopic shavings of metal to be released in the body.
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An explosion at a Pelham, N.H. home Tuesday night injured 9 people, including 3 children, according to police and neighbors. As a result of the “large amount of fireworks located in and around the home,” the house caught fire and subsequently ignited the fireworks inside. The initial report said that “the house was filled with smoke,” and neighbors reported seeing red, white and blue flames, as well as black smoke.

The house caught fire around 7:30 p.m. and was extinguished shortly thereafter, at which point the nine victims were transported to nearby hospitals. As of Tuesday night, their conditions were still unknown, but they range in age from infant to adult. Neighbors said that the family has put on a fireworks display every year for the past ten years without incident.
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According to filings by the US government in federal court in Boston, GlaxoSmithKline has entered a guilty plea to misdemeanor charges that it illegally promoted Wellbutrin and Paxil for uses not that were not FDA-approved, as well as failed to report clinical data about the diabetes drug Avandia. As part of the settlement, Glaxo will pay $3 billion, including a $956.8 million criminal fine and a $300 million civil settlement for not providing best prices and underpaying rebates under the Medicaid drug program. The pharmaceutical company will forfeit $43 million.

This is considered the largest health care fraud case in the US and it involves the biggest UK drug maker. Four Boston whistleblower lawsuits relating to this case will also be resolved from this settlement.

Federal prosecutors started investigating Glaxo’s drug marketing practices with nine of the company’s biggest sellers in 2004. Paxil, which was only approved by the FDA for adult use, was promoted by the drug maker for use by teens under age 18 who were suffering from depression. Glaxo also promoted depression med Wellbutrin for the unapproved treatment of substance abuse, weight loss, and sexual dysfunction. (Although doctors can prescribe medications for uses that are not approved, drug companies are not allowed to market drugs for unapproved uses. To do so means a manufacturer has promoted a drug for off-label uses, or “misbranded” it.)

The US government also contended that Glaxo did not give certain safety data about Avandia between 2001 and 2007. Since then, the FDA now mandates that there be two black box warnings on the diabetes medication’s label warning doctors about the possible risks of heart attack and congestive heart failure.

Massachusetts Whistleblower Lawsuits
According to the lawyer of two of the whistleblowers, they were the ones that first told Glaxo it was marketing the drugs illegally in 2001. Now, as part of its settlement, Glaxo will pay $210 million to the states and $832 million to the US government. The Massachusetts whistleblowers are entitled to a percentage of the recovery.

GlaxoSmithKline settles healthcare fraud case for $3 billion, Reuters, July 2, 2012
GlaxoSmithKline Reaches Plea Agreement Over Drug Labeling, Bloomberg, July 2, 2012


More Blog Posts:

Virologists File Whistleblower Lawsuit Against Merck Over MMR Vaccine, Boston Injury Lawyer Blog, June 16, 2012

Pharmaceutical Fraud May Be Grounds for Filing a Massachusetts Whistleblower Lawsuit, Boston Injury Lawyer Blog, July 23, 2011

$25M Whistleblower Settlement Reached in Hospice Fraud Case Against Odyssey Healthcare Inc., Boston Injury Lawyer Blog, March 5, 2012 Continue reading

Severe thunderstorms on Sunday affected much of southern New England and especially parts of Rhode Island, causing minor flooding and knocking down trees. Police also reported hail the size of golf balls in areas. The strong storms left about 1,200 National Grid customers without power due to outages Sunday evening. However, more than half had their power restored by Monday morning.

In addition, several children were apparently struck indirectly by lightening Sunday evening while playing outside. According to WBZ-TV, the three-ages 5, 13, and 14-were hospitalized at nearby Hasbro Children’s Hospital after being shocked just after 4 p.m. The three said they felt a “tingling sensation,” which is a sign of an indirect hit, according to police.
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A jury has awarded Colleen Fyffe $1.2 million for injuries she sustained in the 2009 Green Line trolley crash that was caused by an operator who was text messaging. This is the first of 24 Boston personal injury lawsuits related to the accident, which injured 49 people. Nine of the cases have been settled for about $31,000 each.

Fyffe hurt her neck and sustained a herniated disc when the trolley rear-ended another train. She contends that because of the Boston MBTA train accident, she was unable to go back to her job with Delta Air Lines at Logan International Airport.

Her Boston injury case went to trial after she rejected the $100,000 settlement that the Massachusetts Bay Transportation Authority had offered her. MBTA intends to appeal the verdict.

A toddler who wandered off from his parents’ campsite in Farmington, N.H. Thursday night is safe and back with his parents today. Liam Davis wandered off from the area, which was described by police as “hilly, heavily wooded with rivers and streams,” at some point last night. Emergency crews were called shortly thereafter, at about 8:15 p.m., on reports of a missing child.

Several departments from around the area were called to respond, including a DHART helicopter, New Hampshire Fish and Game, 75 searchers, all-terrain vehicles and K-9 units. After hours of searching, he was found sleeping at the bottom of a tree. He sustained only scratches and some poison ivy blisters in the incident and is now reunited with his family.
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4-Year-Old Cole Michael Kelly was rushed to the hospital on Wednesday after he was struck by a vehicle that crashed into his backyard where he was playing. The car’s driver, Pedro Roias, is his neighbor. The 64-year-old motorist has been arrested on drunk driving charges in the Dartmouth, Massachusetts motor vehicle crash.

According to police, Roias drove his car, a 2000 Dodge Caravan through the “stockade style fence” and ran ran over Kelly yesterday afternoon. Roias then stayed in his auto with the engine still on until someone turned it off.

He pleaded not guilty to several charges, including assault and battery involving dangerous weapon and DUI of liquor resulting in serious injury to the body. Meantime, Kelly has been released from the hospital and he is recovering at home.

The Alaska Department of Health and Social Services and the state’s Medicaid agency have consented to pay $1.7 million to the U.S. Department of Health and Human Services to settle possible violations of the Health Insurance Portability and Accountability Act of 1996 Security Rule. The state’s DHSS has also agreed to take steps to better safeguard the health information of Alaska Medicaid beneficiaries.

The HHS Office for Civil Rights (OCR) started its probe after receiving a privacy breach report by Alaska DHSS. The report noted that a UBS hard drive that possibly contained electronic protected health information was stolen from a DHSS employee’s vehicle.

During the probe, OCR discovered evidence that DHSS had not implemented the adequate procedures and policies to guard this information. Also, it did not appear as if DHSS had completed risk analysis, put into place enough risk management measures, finished security training for workforce members, implemented device and media controls, or taken care of device and media encryption, per HIPAA Security Rule requirements.

Leominster authorities are charging Fitchburg resident Ruth Allende with reckless child endangerment after she allegedly left a 5-month-old baby locked in her car in 80 degree weather while at The Mall at Whitney Field in on Sunday.

The infant, who is Allende’s relative, was spotted alone in the vehicle and mall security forced the vehicle doors open to get her out. Police say that Allende made a scene when she saw her vehicle and she claimed that she didn’t leave the girl in the car but that she had lost her in the mall. The baby was taken to a hospital where doctors found that she was unharmed.

Children, Cars, and Hyperthermia
While it was fortunate that the child was not hurt, leaving babies and young children locked in a car-especially in hot weather-can prove catastrophic, even fatal. Our Boston injury lawyers represent families with Massachusetts injuries to minor lawsuits and we are familiar with the serious injuries that can result from hyperthermia (also known as heatstroke) injuries involving kids and cars.

Children bodies are prone to overheating easily (kids under age four are the ones most likely to sustain a heat-related ailment). Should temperatures outside a vehicle hit the low 80’s, even if the window has been rolled down a couple of inches, the temperature inside the car can hit fatal levels in just minutes

The National Highway Traffic Safety Administration reports that according to the San Francisco State University Department of Geosciences, in 2011 there were 33 child deaths from hyperthermia. There were at least 49 child heatstroke fatalities the year before. There are also many children that suffer hyperthermia-related injuries (including blindness, permanent brain injury, and hearing loss) after being left alone or accidentally locked solo in cars.

Fitchburg woman accused of leaving infant in hot car while she was inside Leominster mall, The Boston Globe, June 25, 2012

Heatstroke, Kids and Cars
NHTSA Joins Florida Safety Advocates to Highlight Dangers of Child Heatstroke in Hot Cars, NHTSA, June 13, 2012


More Blog Posts:

Three Pit Bull Terriers that Injured 9-Year-Old in Pittsfield, MA Dog Attack Declared ‘Vicious”, Boston Injury Lawyer Blog, June 14, 2012
Products Liability: Massachusetts Manufacturer is One of Several Companies to Issue May Recalls to Prevent Child Injuries, Boston Injury Lawyer Blog, May 28, 2012
Are Massachusetts Schools Doing Enough to Prevent Student Violence?,
Boston Injury Lawyer Blog, February 29, 2012 Continue reading

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