Boston Injury Lawyer Blog

May 16, 2012

Investigators Look at Pool Fence in Westborough Drowning Death

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.

May 14, 2012

Lap-Band System Device Maker Allergan Gets Gov’t. Subpoena Following Patient Deaths and Allegations of Negligent Marketing By 1-800-GET-THIN

by Altman & Altman

The US Department of Health and Human Services has sent Allergan Inc. a subpoena requesting documents related to the Lap-Band System. This medical device, which has been approved to help people who are obese lose weight, has come under fire over reports that it has been involved in a number of patient deaths. There are lingering questions not only about the safety of this medical device but whether it has been poorly marketed to consumers.

In Massachusetts, if you believe that your injuries, health complications, or the death of a loved one were a result of a Lap-Band procedure gone awry, problems with the implant after its insertion, or having received inadequate information about the possible risks and complications involved from using this device, our Boston injury lawyers want to hear from you.

The lap band, which is inflatable, is surgically inserted into the stomach and can be loosened or tightened to either increase or reduce stomach capacity. Some of the problems linked to lap-bands:

• The lap band may slip from its designated placement in the stomach. If the band gets pushed down, this may create a barrier that can make it hard for food to pass through. Emergency surgery may be required.

• Lap band erosion. This may cause the body try to get rid of it. Surgery to remove the medical device may be necessary.

• Lap band breakage or deflation
• Port issues
• Other surgical or device complications
Earlier this year, Allergan announced that it would no longer sell the Lap-Band system to clinics affiliated with 1-800-GET-THIN, a marketing company that has gotten a lot of people interested in this device (especially in Southern California where so many people feel the pressure to be thin). 1-800-GET-THIN had been engaged in aggressive TV, Internet, radio, and billboard campaigns promoting the Lap-Band procedure as a great way to lose weight.

However, in the wake of the fatalities, the US Food and Drug Administration has taken action against 1-800-Get-Thin and eight surgical centers for allegedly misleading ads that failed to warn about potential side effects and other dangers. There also have been allegations from former employees of some of these surgical centers claiming that the Lap-Band procedure was performed on some patients who didn’t need it.

You may have a Boston products liability lawsuit on your hands.

Allergan Gets Subpoena From Government Over Lap-Band System, The Wall Street Journal, May 7, 2012

FDA issues Warning Letters for misleading advertising of Lap-Band, FDA, December 13, 2011

More Blog Posts:
New FDA Analysis Suggests Exercising Caution About Using Fosamax Long-Term, Boston Injury Lawyer Blog, May 11, 2012

Pradaxa Lawsuit Claims Drug’s Side Effects Caused Woman to Bleed to Death, Boston Injury Lawyer Blog, April 30, 2012

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

May 11, 2012

New FDA Report Suggests Exercising Caution About Using Fosamax Long-Term

by Altman & Altman

The Food and Drug Administration has published an analysis in the New England Journal of Medicine about the long-term use of Fosamax. The bone-building drug has recently come under fire following reports that it has caused a number of women to develop weaker bones and other serious health complications, such as osteonecrosis of the jaw, atypical thigh fractures, and esophageal cancer. In recent years, the number of Fosamax lawsuits and other injury claims blaming bisphosphonates has grown. While the FDA isn’t recommending against the long-term use of bisphosphonates, it has voiced concerns about the potential risks involved from taking this type of medication for too long.

To investigate further, the federal agency looked at data from women who had been taking bisphosphonates for six to 10 years. Its analysis found that there wasn’t a lot of benefit from taking bone-building drugs after three to five years. However, rather than make a recommendation about whether long-term use is wise or necessary, the FDA’s report noted that this decision should be determined on an individual basis based according to the risks and benefits for each patient.

In its report, The FDA did say that women who have a bone density that is close to normal or have a low fracture risk might be good candidates to stop using bisphosphonates after three to five years. The federal agency also reported that older patients with a bone density that is in the osteoporotic range and are considered high risk for developing fractures could benefit from continuing to take these medications over a longer period of time.

Our Boston injury lawyers represent clients with Massachusetts dangerous drug cases with products liability claims against manufacturers. Medications are supposed to help, not hurt a patient. Serious side effects should be more the exception than the norm.

FDA Still Cautious About Bone Drugs, ABC News, May 10, 2012

Bisphosphonates for Osteoporosis – Where Do We Go from Here?, The New England Journal of Medicine, May 9, 2012

More Blog Posts:
Pradaxa Lawsuit Claims Drug’s Side Effects Caused Woman to Bleed to Death, Boston Injury Lawyer Blog, April 30, 2012

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 Continue reading

May 8, 2012

Newton, Massachusetts Premises Liability Lawsuit Over Falling Tree Branch Accident Can Proceed, Rules SJC

by Altman & Altman

The Massachusetts Supreme Judicial Court says that a man’s personal injury lawsuit against the city of Newton over a falling tree branch accident can proceed. The state’s highest court’s ruling rejected the city’s appeal claiming that the recreational use statute protects Newton from being sued for the plaintiff’s injuries. However, the SJC’s ruling does not answer the question of whether Newton can actually be held liable for these injuries.

The plaintiff, 52-year-old Edward Marcus, shattered his shoulder blades and fractured two of his ribs when a tree branch landed on his back on July 8, 2007. At the time, he was seated in the shade below some trees at McGrath Field while waiting to go up to bat during a Coed Jewish Sports-organized softball game. (The field is owned by the city of Newton. However, according to the city, it doesn’t own the tree, which is rooted in land that belongs to Temple Shalom. Marcus’s Newton personal injury lawyer has countered that seeing as the branch was hanging over public property, it posed a hazard that the city should have remedied.)

Under Massachusetts’ recreational use statute, a property owner that lets the public use the land for recreation without charging a fee isn’t liable for property damage or personal injury unless it engaged in conduct that was “willful, wanton, or reckless.” The SJC’s ruling in this Newton premises liability lawsuit was impacted by whether or not it considered the registration payment that Marcus paid to participate in the softball game to be a “fee” collected by the city.

May 5, 2012

Massachusetts Workers’ Compensation: Boston Slip and Fall Accidents Can Cause Serious Injuries on the Job

by Altman & Altman

If you’ve been injured in a Boston slip and fall accident, you could be entitled to both Massachusetts workers’ compensation benefits and third party compensation. Our experienced Boston injury lawyers can help with both types of claims.

Although you generally cannot sue your employer for injuries sustained on the job, you should be entitled to work injury benefits even if you caused the accident. You will want to file your work injury claim as soon as possible. However, unfortunately, it isn’t always an easy process that is free from complications, which is why it is a good idea to retain a Boston, Massachusetts workers’ compensation law firm that can make sure you get not just all of the benefits that you are entitled to, but also that you are paid in a timely manner and without unwarranted delays. (There are insurers that will try to argue that your injury or illness wasn’t from your job. This is just one of the reasons why having legal representation is to your benefit.)

Massachusetts Workers Compensation

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 29, 2012

Boston Globe Reports that Many US Nursing Homes are Wrongly Prescribing Antipsychotic Medications to Residents

by Altman & Altman

According to a Boston Globe investigation, in 2010 there were about 185,000 US nursing home patients that took antipsychotic meds even though federal regulators recommended otherwise. Many times, the powerful drugs were prescribed to counter combative behavior and agitation from residents.

Antipsychotics, which are used to treat severe mental illnesses, can leave patients in a stupor and there can be potentially fatal side effects. Yet per federal data examined by the Globe, more than one out of every five assisted living facilities gives antipsychotics to a significant number of their residents. This problem is especially prevalent at Massachusetts nursing homes where that year 28% of assisted living facilities prescribed antipsychotic medications to patients who weren’t suffering from illnesses that required its use compared that to 21% of US nursing homes.

Many of the patients who are given antipsychotics have dementia. Yet according to the US Federal Drug Administration and the Centers for Medicare & Medicaid Services these meds are not appropriate for most of these patients. Side effects can include abnormal heart rhythm, dizziness, lowered blood pressure, urinary problems, and vision problems, which can have devastating consequences for someone who is also elderly and/or very sick.

April 28, 2012

Hip Implants: Study Examines Whether New Coating Could Prevent Failure

by Altman & Altman

Our Boston injury lawyers represent clients who have sustained injury or other health complications because of a defective hip implant or another failed medical advice. In the last couple of years, there has been an increase in Massachusetts products liability cases over hip replacement devices that have failed sooner than they should, requiring their users to undergo another replacement within five years and/or sustain bone fractures, dislocated implants parts, tissue damage, or other health issues.

Now, a study published in the journal Advanced Materials is reporting on a new coating for hip implants that might be able to get them to better adhere to the bones of a patient, potentially preventing premature failure. Right now, artificial hip devices use bone cement. Yet this cement is cracking in some patients, which is causing the device to separate from the bone. This can create chronic pain and mobility loss for the patient.

The new coating is made from materials that encourage the bone to grow quickly. Generating new bone can more easily secure the implant to the existing bone. Right now, the chemical engineers involved in the study are testing the coating on animals. They also believe that the coating could be used with dental implants.

April 27, 2012

35 Pool Portable Deaths Involving Kids Under Age 5 Reported Every Year, Says CPSC

by Altman & Altman

With the weather expected to warm up in the coming months, many kids are eagerly awaiting the day when they will be able to rush out and jump in the pool. While swimming is a lot of fun, it can also be dangerous, and our Boston injury lawyers have helped children and their families recover compensation for injuries and deaths resulting from a Massachusetts drowning.

While grownups can often anticipate the risks involved for kids when swimming in a regular pool, hot tub, or beach, portable pools can be just as dangerous. According to the Consumer Product Safety Commission, it receives reports of about 35 child swimming deaths involving kids younger than 5 in portable pools every year. That’s 11% of all pool drowning deaths for that age group.

It is the responsibility of the person who owns or oversees a pool to make sure that the kids using it are safe. It doesn’t matter whether it is a small blow-up pool or one that can contain thousands of gallons of water. It takes just a few inches of water for someone who has submerged his/her face in it to drown. A child who survives a Boston drowning accident may be left with a traumatic brain injury, severe disabilities, or other injuries.

Child drownings can happen when the pool is inadequately supervised. This may mean that there wasn’t an adult present that knew how to swim at the pool or the portable pool containing water was left easily accessible to kids when no grown ups were around. Placing a cover on the pool, fencing it in with a barricade high enough that children can’t get in, or locking up the portable pool are some ways to prevent accidental drowning.

Drowning is Silent: Portable Pools, CPSC, April 24, 2012

Unintentional Drowning: Fact Sheet, CDC

More Blog Posts:
Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning, Boston Injury Lawyer Blog, April 12, 2012

Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2012

13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn, Boston Injury Lawyer Blog, July 21, 2010 Continue reading

April 25, 2012

Massachusetts Products Liability?: Sushi Outbreak in 21 States Causes Salmonella Poisoning

by Altman & Altman

According to the Centers for Disease Control and Prevention, at least 200 people in 21 states fell ill after developing salmonella from eating sushi. 12 of those who have been afflicted required hospital care. At least eight were Massachusetts food poisoning incidents.

The cause of the outbreak is yellowfin tuna. Moon Marine USA Corporation is recalling close to 59,000 pounds of “Nakaochi Scrape AA or AAA,” which is a frozen yellowfin tuna product consisting of “backmeat” from the fish’s bones that has been scraped to appear like its been ground up. The food item is sold to grocery store chains and restaurants for sushi, ceviche, sashimi, and other items that use raw fish.

The outbreak has been going on for a couple of months. Many of the salmonella victims said they got sick after consuming spicy tuna sushi.

Last week, two women filed a salmonella sushi lawsuit after they got very sick from eating tuna sushi rolls at a restaurant. They both received hospital care. One woman blames Nakaochi Scrape for her ulcerated colon.

One possible cause of the salmonella outbreak is distributors who took the packaging off the tuna before selling them to restaurants. This step may have contaminated the fish.

Our Boston products liability lawyers represent clients who have gotten seriously ill from eating contaminated or spoiled food items. The food product may have been bought at a store or wholesaler or distributed at a restaurant or some other eating place. Depending on what caused the contamination, the victim may be able to pursue a case against the manufacturer, retailer, distributor, or the middlemen.

A few of the other reasons people might choose to sue for food products liability:
• A foreign object left in in the food item caused injury • A hot liquid that is too hot, or not packaged/served in a container that can contain the heat properly, and causes serious burn injuries • Food allergy death
First Salmonella Sushi Lawsuit Filed, Reuters, April 24, 2011
Sushi-linked salmonella outbreak reaches 20 states, yellowfin tuna recalled, CBS News, April 16, 2012
200 now sick in salmonella sushi outbreak, MSNBC, April 25, 2012

More Blog Posts:
Kids’ Jewelry Containing Toxic Chemicals Were Sold in Massachusetts, Boston Injury Lawyer Blog, March 16, 2012
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012
“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012 Continue reading