Boston Injury Lawyer Blog

April 21, 2012

$4.2M Personal Injury Settlement Awarded to Bully Victim Who Was Left Paralyzed

Our Boston injury lawyers represent children who have been injured because of the negligence of others. Sometimes the injury or death is accidental, such as during a Massachusetts car crash or because of a defective or dangerous product and although negligence may have been a factor, the other party usually never intended to cause any harm. With some cases, however, the harm inflicted is intentional-even if is not to the degree that the victim actually ended up getting hurt.

One cause of child injury that has been around for awhile but is now only being seriously acknowledge as a threat to kids’ safety is bully. Now, while bullies may have always been figures to fear at school, in recent years, the emotional and physical violence inflicted by fellow peers has proven catastrophic. For example, there was the 2010 suicide of Phoebe Prince, a high school student who killed herself after her schoolmates bullied her mercilessly in person and via the Internet. A Massachusetts wrongful death settlement was reached between her family and the school district last year.

This week, one bullying survivor arrived at $4.2 million personal injury settlement with another school district over a 2006 incident that left him a paraplegic. Sawyer Rosenstein was just 12 when a bully punched him in the stomach. The assault created a clot in his artery, which caused him to become paralyzed from the waist down. Rosenstein is now 18.

April 20, 2012

Massachusetts Swimming Pool Death: State Report Released on Woman’s Fatal Fall River Drowning

by Altman & Altman

The Department of Conservation and Recreation has issued its final report on the 2011 Fall River, Massachusetts swimming pool accident death of Marie Joseph. The 36-year-old woman, who could not swim, drowned in the state-run pool. Because the water was so dirty it was two days before her body was discovered.

Authorities blamed bad decisions by pool employees for the tragic accident and they have said that Joseph’s death was preventable. Also, the water in the pool failed to meet Massachusetts standards that day and it shouldn’t have been open for use.

The state is recommending that better pumps and pool equipment be provided at the Fall River facility and the pool depth be lowered from 12 feet to 5 ½ feet. Changes will also be made to other state-run pools to enhance user safety. For example, another 10 pools will be updated and their depths reduced to just over five feet. There will be more lifeguards, and security cameras with motion detectors will be added. Staff will also have to undergo more extensive training.

Joseph drowned after going down a water slide. The DCR has decided to suspend the use of water slides at all of its pools. It will also improve visibility checks.

DCR Commissioner Edward Lambert believes that one of the reasons Joseph drowned is that the pool had depended too heavily on seasonal staff. Moving forward, full-time employees from an aquatic and waterfront safety division will replace these employees. All state-run pools will also safety regulations and rules posted by them.

Our Boston drowning accident lawyers represent the families of children and adults injured or killed in accidents in swimming pools, hot tubs, and Jacuzzis. We have filed Massachusetts premises liability and products liability lawsuits against negligent parties, as well as inadequate supervision cases against those that failed to do their job in monitoring the pool or spa.

In final report on Fall River drowning, DCR unveils plan to improve safety at state-run pools, Boston.com, April 20, 2012

State releases final investigative report on Fall River pool drowning, Herald News.com, April 20, 2012
Pool Chief: Woman’s Drowning Was Preventable, WCVB TV Boston, April 20, 2012

More Blog Posts:
Massachusetts Swimming Pool Accident: Drowned Woman’s Body Was Concealed by “Cloudy” Water for Two Days, Boston Injury Lawyer Blog, June 30, 2011
Truro Man’s Family to Sue Provincetown for Man’s 2008 Massachusetts Drowning Death, Boston Injury Lawyer Blog, August 14, 2010
13-Year-Old Nearly Drowns in Falmouth Swimming Pool Accident at Holiday Inn, Boston Injury Lawyer Blog, July 21, 2010 Continue reading

April 19, 2012

Biking around Boston—Know the Rules!

by Altman & Altman

So we’re nearing the end of April and bike season is officially back. Motivated by the improving weather-what a glorious spring day today!-and by the athletic feats of Monday’s marathoners, the city is alive with bike riders with a variety of levels, intensities, and goals. But bikers, beware! Boston and its surrounding cities plan to crack down on bike law enforcement this season, according to sources, with Somerville apparently at the forefront.

A post on Somerville’s ResiStat blog-an effort, as the site states, to connect the community via Internet discussions-announced that Somerville police will be stepping up enforcement of bicycle traffic laws in order to create better harmony among drivers, cyclists, and pedestrians with whom they share the road. The central message of this campaign seems to be that being on a bike, rather than in a car, does not give you free reign of the roads! So make sure to educate yourself on the do’s and don’ts.

Massachusetts General Laws Chapter 85 Section 11B outlines bicycle regulations. Generally stated, bikers must follow all the same traffic laws as motor vehicles. A few exceptions and the most commonly broken rules are listed below:

April 18, 2012

Massachusetts Hospitals Seek Medical Malpractice “Road to Reform”

by Altman & Altman

According to reports, Massachusetts hospitals are starting an initiative that they hope will cut down on the number of medical malpractice lawsuits by heightening disclosure of medical mistakes and fostering greater doctor-patient trust. This “Road to Reform” initiative appears centered around a sequence of “Disclosure-Apology-Offer.” By more promptly disclosing medical errors, apologizing to the families when needed, and offering to pay for the mistake ASAP-a process that hospitals and the Mass Medical Society hopes will cut down on secrecy, cut back on extensive litigation and thereby lower health care costs. This plan tends to be tested by seven hospitals in Massachusetts, including Beth Israel and Mass General.

One part of the plan to repair disintegrated trust in the health care system is to have hospitals urge patients to hire a lawyer to determine whether the offer is fair-and then can decide whether to sue the hospital for better compensation. While very idealistic, more concrete details of how exactly the system will integrate the test changes remain to be seen. Contact an attorney if you have any questions about medical malpractice lawsuits or are seeking to file one yourself.

Hospitals promise openness, apologies, Boston.com, April 18, 2012

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

April 14, 2012

Massachusetts Auto Defect, and Not Drunken Driving, May Have Been Cause of Deadly Pittsfield Crash

by Altman & Altman

According to the lawyer of a Pittsfield man charged with motor vehicle homicide while under the influence of drugs, driving to endanger causing serious bodily injury, and driving under the influence of alcohol, the deadly Massachusetts car accident that claimed the life of 25-year-old Michael F. Ashline may have actually been caused by an auto defect. Douglas F. Guinan’s defense attorneys want Hyundai Motor America to provide them with documents related to malfunctions involving the electronic steering system of the 2011 Sonata.

Guinan’s legal team contends that the head-on 2010 Pittsfield auto crash that killed Ashline is not the first time that a 2011 Sonata suddenly pulled left or turned without the driver actually instigating this action. Pointing to a recall of Hyundai vehicles that the automaker had issued (around the time of the accident) due to pulling and vibration in the steering wheel, the defense believes that it was this type of safety issue that caused Guinan’s accident.

The automaker has agreed to give over engineering test reports related to this safety issue to the defense. However it turned down other elements of the request, such as access to client complaints prior to the recall. Meantime, Guinan’s lawyer believes there is evidence showing that what hospital staff had thought was intoxication at the time of the crash was actually the result of a traumatic brain injury. Guinan and the driver of the vehicle that Ashline was a passenger in, Nichole A. Rudd, were both seriously injured in the Berkshire, Massachusetts car accident.

Auto Products Liability
There are instances when an auto defect, and not driver negligence, is the cause of a deadly car accident. For example, a man convicted of killing three people in a 2006 car accident was set free in 2010 when it was discovered that Toyota sudden acceleration was the actual cause of that deadly collision.

Pursuing Massachusetts auto products liability recovery from an automaker can be an intimidating and arduous process, which is why you should not to try to do this without experienced legal help.

Defense lawyers eye auto defect in fatal crash, The Berkshire Eagle, April 10, 2012

Hyundai

More Blog Posts:
Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely, Boston Injury Lawyer Blog, April 11, 2012

NHTSA Seeks to Modify Keyless Ignition Systems to Minimize Safety Risks, Boston Injury Lawyer Blog, March 22, 2012

Is CPSC’s SaferProducts.Gov Database Preventing Boston Injuries?, Boston Injury Lawyer Blog, March 17, 2012 Continue reading

April 13, 2012

Crossing Street, Canton Couple Seriously Injured when Hit by Car

by Altman & Altman

A husband and wife, both age 67, were crossing the street on Will Drive in front of their home in Canton on Thursday night around 8:40pm when they were hit by a 21-year-old male from Acushnet who was driving an Infiniti G35. According to reports, the couple was transported to Boston Medical Center with serious injuries. No names have been released.

According to a report issued by the National Highway Traffic Safety Administration’s Center for Statistics, 4280 pedestrians were killed in pedestrian-car crashes in the United States in 2010, with 70,000 pedestrians injured in such crashes-an increase of several percentage points since 2009. The good news, if it can be considered as such, is that from 2009 to 2012 Massachusetts did see a 7% decrease in the total number of crash fatalities (including drivers and pedestrians).

Pedestrians have no physical barriers to protect themselves when they are hit by a car, truck, or other vehicles, so they are very susceptible to injury. Pedestrian accidents can result in injuries including broken bones, skin burns, spinal cord injuries, lacerations, and even death. When a pedestrian is involved in an accident, there are a number of legal implications which can complicate the person’s recovery. Who pays medical costs? Lost wages? What if the accident is a hit-and-run? Contact a skilled MA personal injury lawyer if you were injured as pedestrian.

April 12, 2012

Boston Products Liability: Yaz Birth Control Pill May Cause Serious Side Effects and Health Complications

by Altman & Altman

Unfortunately, the birth control pill Yaz continues to be linked to serious health complications in women. If you are one of these people and you live in Massachusetts, do not hesitate to contact our Boston injury lawyers right away to request your free case evaluation.

In the last few years, more than 10,000 Yaz lawsuits have been filed in federal court alleging products liability. The plaintiffs are blaming this popular contraceptive for some serious side effects, including stroke, hyperkalemia, blood clots, liver damage, breast lumps, kidney damage, pancreatitis, heart attack, gallbladder disease, deep vein thrombosis, pulmonary embolism and even death. Women older than 35 who have a history of serious medical issues or smoke are among those most at risk of developing complications from taking Yaz.

Many of the women are claiming that Bayer, Yaz’s manufacturer, not only failed to do enough research on this birth control pill, but also, it neglected to warn users of the potentially serious side effects while overstating its benefits. Last year, a Food and Drug Administration panel voted that the labeling on Yaz and other contraceptive pills that use the hormone progesterone is inadequate in terms of any warning it might provide about potentially fatal effects. The FDA also put out its own warning notifying the public that women who take Yaz or any other contraceptive with drospirenone are at a much higher risk of developing blood clots.

This week, the federal agency ordered Bayer and the makers of certain other kinds of birth control to include a warning of this increased risk on their label. Other birth control pills that will include modified labels: Yasmin, Safyral, Beyaz, and certain generic versions of the contraception. Their labels will mention that some studies found an up to threefold rise in blood clot risk in pills with drospirenone than those with other progestins.

FDA orders blood clot risks be added to some birth control labels, New York Daily News, April 11, 2012

Clotting risks for Yaz pills, Wall Street Journal, April 10, 2012

More Blog Posts:
Massachusetts Dangerous Drug?: Women Affected by Yaz Birth Control May Have Grounds for Lawsuit, Boston Injury Lawyer Blog, March 26, 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

April 11, 2012

Massachusetts Cyclist Killed while Riding Recalled Cervélo Bicycle, Mechanical Failure Likely

by Altman & Altman

A cyclist from Rehoboth, Massachusetts-a town in Bristol County near East Providence-was killed earlier this week while riding a Cervélo bicycle model that, according to reports, had previously been recalled by the U.S. Consumer Product Safety Commission (CPSC). The 58-year-old man had apparently suffered head trauma and was pronounced dead shortly after he was transported to Rhode Island Hospital. The crash is still being investigated by the MA State Police, but the cause is believed to be a mechanical failure of the bicycle.

Although reports do not specify the model of bike the man was riding, the CPSC had announced a voluntary recall of about 650 defective 2005 R2.5 road frames in 2006 due to problems undetected during testing. According to the press release, “The bicycle frames can loosen or separate, causing the rider to lose control, fall and be injured.” The defect is explained in more thoroughly on the website of Cervélo Cycles, Inc., a distribution company based in Toronto, Canada.

While we’re on the topic, I think it’s important to distinguish between a “voluntary recall” and a “mandatory recall.” Before February 2010, when new rules went into effect under the Consumer Product Safety Improvement Act, there was really no such thing as a mandatory recall and voluntary recalls were the only real means for the government to pull defective products off the shelves. Since the term “voluntary recall” can be confusing, Consumer Reports wrote an excellent summary of its real meaning and consequences:

April 10, 2012

MBTA Wants $100,000 Limit on Personal Injury Lawsuit Awards

by Altman & Altman

Clearly, we’re all aware that the MBTA is in dire straits and is desperately trying to cut costs. The issue of cutting T services and/or hiking T fares has been the most prominent issue, which is reasonable given that such changes would impact a great number of Massachusetts residents on a daily basis. But another less-public issue revolves around tort reform, an issue that is less broadly applicable, but may cut more deeply into some individuals’ lives. And, of course, this is a particularly relevant issue for personal injury lawyers like us.

In short, the MBTA is seeking to cap personal injury awards at $100,000 in an effort they say could save the agency $4 million per year. What some people might not realize is that serious MBTA injuries have been considered unique, subject to an exception to the $100,000 cap on personal injury awards that are imposed on similar judgments against all other state agencies.

Hiking fare evasion fines? OK, reasonable. Moderate increase in T fares? Controversial, but still logical. Limiting the recovery of seriously injured passengers with life-changing injuries? Perhaps in a league of its own. According to reports, this issue was scheduled to be heard by the joint Transportation Committee this past week.