Boston Injury Lawyer Blog

April 9, 2012

MBTA Bus Collides with Bicyclist in Salem, MA

A bicyclist was seriously injured and transported to MGH after he collided with an MBTA bus around 7:20am at the intersection of Federal and Washington Streets in Salem (near Salem District Court). According to reports, the bicyclist was a 47-year-old male from Salem, and he apparently collided with the right front side of a Route 455 bus. It is unclear exactly how the accident occurred, but the Salem News reports that the cyclists was not wearing a helmet and was wearing headphones. It is currently under investigation by the Salem police.

Collisions with cars are perhaps the most dangerous-and deadly-form of bicycle accidents. Sharing the road with drivers requires incredible diligence on behalf of both drivers and cyclists. Although Boston has increased the number of bike lanes within the city itself, as several communities in the Greater Boston area have done as well, bicyclists still frequently share the streets with drivers.

Note that Massachusetts law only requires individuals age 16 and under to wear helmets, although bicyclists of all ages are advised to wear helmets.

April 6, 2012

How to Prevent Boston Child Deaths by Heatstroke

by Altman & Altman

With the summer months approaching, it is important to remember that leaving a child in a car for an extended period of time can result in hyperthermia, which can lead to death by heatstroke. While it may seem common sense for a driver to make sure that no one is left in a vehicle, forgetfulness or distraction has been known to cause this tragic accident to happen.

In 2011, there were at least 33 child heatstroke deaths involving motor vehicles reported. There were at least 49 child hyperthermia fatalities in 2010. Numerous children have also survived heatstroke in hot vehicles only to suffer from blindness, hearing loss, or permanent brain injury as a result. Our Boston injury lawyers represent families whose children were hurt or died because of another party’s negligence. Remember that the person or entity responsible doesn’t need to have purposely intended to cause the injury or death.

Sometimes, a child ends up locked in a car because the vehicle was left unlocked and he/she managed to enter it while unsupervised. A harried parent may simply forget. There have also been reported incidents of transport vehicle professionals, such as the driver of a day care van, mistakenly thinking that all of the child passengers have been safely deposited at the facility or back home and failing to notice a sleeping toddler in the back seat.

To prevent Massachusetts heatstroke deaths, the National Highway Traffic Safety Administration wants to remind you to:

• Never leave a child in a vehicle without supervision.
• Always check all the seats before locking the door and walking away.
• If a child is being transported to a childcare provider, make sure that provider knows to notify you if your son/daughter fails to make it there unless you’ve already let them know that he/she will be absent.
• Put your purse or briefcase or laptop in the back next to your child so that you have an extra reason to look back before you get out of the car.
• Lock the vehicle so that a child can’t enter and accidentally get locked in without anyone’s knowledge.

NHTSA Unveils Campaign to Prevent Child Heatstroke Deaths in Cars, NHTSA, April 3, 2012

More Blog Posts:
Are Massachusetts Schools Doing Enough to Prevent Student Violence?, Boston Injury Lawyer Blog, February 29, 2012

Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011
Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading

April 5, 2012

Fall River Man Dies, Woman Injured, in Motorcycle Crash

by Altman & Altman

A young man from Fall River, Massachusetts, was killed yesterday following a motorcycle crash in Dartmouth, Massachusetts at the intersection of Milton and Sharp streets. Thirty-two-year-old Stephen Adams and his 32-year-old female passenger were transported to Rhode Island Hospital, both in critical condition after the crash. Adams died shortly after. Although the cause of the crash has not been determined, two cars were found in the road by officers; the drivers and passengers apparently were uninjured.

Less than a month ago, we commented on another serious crash between a motorcycle and a car in Allston. There, we wrote that Massachusetts requires all motorcyclists to wear helmets (unlike some states) and noted that national rates of wearing helmets have increased. We currently have no reason to believe the man and his passenger in the present case were not wearing helmets.

With more motorcyclists on the road in the upcoming warmer months, we urge bikers and car drivers to use even greater care on the roads. If you have been injured in a motorcycle crash, or a loved one has been killed in a motorcycle crash, contact a skilled Boston and Cambridge motorcycle accident attorney as soon as possible to determine your potential for recovery in a personal injury lawsuit or wrongful death suit.

April 4, 2012

Peabody Man Dies after Falling from Window of Danvers Nursing Home

by Altman & Altman

A 45-year-old Peabody man died today after falling from the window of a nursing home in Danvers, Massachusetts. According to reports, James Hussien fell from a second-floor window at the Hunt Nursing and Rehabilitation Center. The accident is under investigation.

This is an incredibly tragic accident and the specifics-for example, fault or negligence by any party-remain to be seen. Our sympathies are with the family of the Mr. Hussien.

Peabody man dies after fall from Danvers nursing home, Boston.com, April 4, 2012

April 3, 2012

Massachusetts Man Dies in Skydiving Accident in Florida

by Altman & Altman

A Massachusetts native died at about 6:30pm Friday in a skydiving accident in Florida. According to news reports, Jason Eisenzopf was a 30-year-old native of Fitchburg, Massachusetts. He worked in Maine as a skydiving instructor at Skydive New England in England, but had been in Florida for his second winter at Skydive Sebastian. He had apparently made over 1,000 jumps in his lifetime. His death remains under investigation, but police reports suggest he came in too quickly for a landing and suffered head trauma. The equipment Eisenzopf was using during the dive is going to be investigated.

According to DropZone.com-a skydiving information site that maintains “an unofficial record of fatal skydiving accidents since 2004”-there were 25 reported fatalities in skydiving accidents in North America in 2011. Listed causes include:

• hard landing while making a low turn • low cutaway tandem • freefall collision

April 2, 2012

WellCare Health Plans Settles Whistleblower Lawsuits in Medicare/Medicaid Fraud Case for $137.5 Million

by Altman & Altman

WellCare Health Plans Inc. has consented to pay $137.5 million to settle four whistleblower lawsuits filed against it over allegations of fraudulent Medicaid and Medicare claims. The health care provider is accused of falsely inflating the amount it claimed to have spent on medical care so it wouldn’t have return the money to Medicaid and programs, including Florida Healthy Kids and Florida Medicaid. WellCare offers managed health care service for about 2.6 million Medicaid and Medicare beneficiaries throughout the US.

The Qui Tam lawsuits also accused WellCare of keeping the overpayments for child care that it got from Medicaid, falsifying information that misrepresented the medical conditions that patients had and were treated for, operating a bogus Special Investigations Unit, manipulating performance metrics related to its call center, and committing marketing abuses.

U.S. Attorney Robert E. O’Neill said the settlement and restitution would go to the state and federal programs that sustained losses as a result of the Medicaid/Medicare fraud. Law enforcement will get the forfeited funds, which will go toward paying for future investigations.

Meantime, the whistleblowers that filed their cases under the False Claims Act should be getting back a percentage of what the US government recovers. For example, according to one Florida newspaper, whistleblower Sean Hellein is expected to receive close to $21 million for helping to instigate the federal government’s probe into WellCare. Hellein was a senior financial analyst at the health care provider when he secretly recorded executives talking about how to double bill for patient services in 2006. If WellCare didn’t spend a certain percentage of the money given to it by the government on care, it was supposed to give back the difference.

WellCare Health Plans whistle-blower to receive about $21 million, Tampa Bay Times, April 4, 2012

WellCare will pay $137.5 million to resolve fraud allegations, TBO, April 3, 2012

More Blog Posts:
$25M Whistleblower Settlement Reached in Hospice Fraud Case Against Odyssey Healthcare Inc., Boston Injury Lawyer Blog, March 25, 2012

Qui Tam Cases Result in $2.B Recovered in 2011, Boston Injury Lawyer Blog, January 4, 2012

Whistleblower Testifies on the Toll Medicaid Fraud Can Take On Patients, Boston Injury Lawyer Blog, December 16, 2011

Whistleblower Lawsuit: Hospice Care Provider Vitas Healthcare Accused of Medicare Fraud, Boston Injury Lawyer Blog, November 27, 2011 Continue reading

March 29, 2012

Wrongful Death?: Shooting of Trayvon Martin by Neighborhood Watch Captain Captures the National Spotlight

by Altman & Altman

Answers are still being sought and an arrest demanded in the fatal shooting of Trayvon Martin on February 26. The deadly altercation between the black 17-year-old and a white 28-year-old neighborhood watch volunteer George Zimmerman in a gated Florida community has people wondering how big of a role racism has played in both the shooting and now the lack of an arrest. It is not known at this time whether Martin’s family intends to file a wrongful death claim.

Martin was unarmed at the time when, when walking from a convenience store to the home of his dad’s fiancé, he was shot by Zimmerman who was patrolling the neighborhood. It was raining and Martin had pulled the hood of his sweatshirt over his head. His girlfriend, who had been talking to him on his cell phone right before the shooting, says that he told her someone was following him.

Zimmerman, who called 911 and reported seeing “a suspicious” person, had been told by the dispatcher to stay in his vehicle. Yet, for whatever reason, he chose to exit his vehicle. According to police, he claims that this is when Martin attacked him, pushing his head into the ground and punching his nose. Zimmerman then pulled his weapon and shot Martin. The neighborhood watch volunteer said he acted in self-defense. He has not been arrested or charged with any crime.

Civil rights leaders and people who use social media have been speculating that Zimmerman would have been arrested by know if he was black and Martin had been white.

In a case such as this, any criminal proceedings are separate from a civil case in the event that Martin’s family member decides to file for wrongful death. Did Zimmerman make an honest mistake, truly acting in self-defense, or act with malice? Was he improperly trained as a neighborhood watch volunteer, thereby increasing the risk that this type of deadly incident might occur? Who is at fault that Zimmerman disregarded commands by the dispatcher to stay put?

In Massachusetts, our Boston injury lawyers represent victims and their families in cases involving excessive use of violence by law enforcement officers, security guards, and others tasked with his role. There may be more than one party that should be held liable.

What is the Role of a Neighborhood Watch Member?, Manassas Patch, March 28, 2012

Trayvon Martin Case: Timeline of Events, ABC News, March 28, 2012

More Blog Posts:
Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force, Boston Injury Lawyer Blog, August 9, 2011

Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011
Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011 Continue reading

March 28, 2012

Aquinnah Car Accident Claims Two Lives on Caroline Kennedy’s Martha’s Vineyard Estate

by Altman & Altman

A Massachusetts car accident on the Martha’s Vineyard estate of Caroline Kennedy has claimed the lives of two people. Caroline inherited the property from her mom Jacqueline Kennedy Onassis.

The Martha’s Vineyard auto crash happened on the Aquinnah estate at around midday on March 23 when the driver of a 2000 Toyota Land Cruiser hit a tree while backing her vehicle down a private driveway. Her car lurched forward, hitting an electrical box and porch before going down a hill and hitting another tree in a head-on crash. State police say the vehicle traveled 319 feet.

Killed in the Aquinnah car accident were the driver of the Toyota, 70-year-old West Tisbury resident Judith Morse, and front seat passenger Susan Lambard. The passenger in the back seat, 68-year-old Susan Papanicolaou, sustained minor injuries.

March 27, 2012

Driver in 2010 Framingham Road Construction Accident Death Pleads Guilty

by Altman & Altman

The criminal trial of the man accused of fatally striking a Framingham highway worker is about to start. Jeremy Gardner faces the criminal charges of motor vehicle homicide and drunk driving.

According to police, Gardner, 31, fatally struck Gregory Vilidnitsky, 57, on Route 9 on September 14, 2010. At the time, the highway worker was working on a paving project. The authorities contend that Gardner did not stop his pickup truck at the Framingham highway construction accident site and instead kept on driving until he hit an oil truck. Walter Smith, who was riding in the vehicle with Gardner, at the time, allegedly attempted to get into the driver’s seat and get away. He is charged with DUI and will undergo his own criminal trial.

Unfortunately, road construction workers are at risk of serious injuries while on the job. They are easy targets for vehicles on the road and the dangers they face can be exacerbated by poor warning signs, inadequate barriers separate the construction zone from oncoming traffic, construction trucks and other large vehicles and machinery obstructing driver visibility, and driver negligence, including speeding, distracted driving, or drunken driving.

A highway construction worker that is injured in a Framingham traffic accident is likely entitled to Massachusetts workers’ compensation benefits from his/her employer. While an injured worker usually cannot sue an employer for personal injury if the injury was sustained on the job, there may be third parties, such as a negligent motorist or another entity involved with the construction job that can be sued for damages.

Even if a responsible party didn’t intended to cause the Framingham wrongful death or injury accident, liability can still be found if negligence was a factor. A driver that causes a Massachusetts highway construction accident may also have to contend with criminal charges that would be handle in a separate, unrelated proceeding.

Maine man sentenced to 8 years in prison for killing MassDOT worker in Framingham OUI Crash, The MetroWest Daily News, March 27, 2012

Maine man pleads guilty in Mass. highway death, Boston.com, March 27, 2012

More Blog Posts:
Boston is 3rd on Safe Driver List, Survey Reports, Boston Car Accident Lawyer Blog, March 18, 2012

Boston Taxicab Drivers Sue City over Wage & Workers’ Comp Concerns, Boston Workers Compensation Lawyer Blog, March 8, 2012

New Bedford Bicyclist Hit and Killed by FedEx Truck, Boston Injury Lawyer Blog, March 23, 2012 Continue reading

March 26, 2012

Odor at Logan Airport Sickens 15 Workers

by Altman & Altman

Fifteen TSA workers complained about sickness this morning after a strange smell escaped from an open bag in the Logan Airport Terminal A baggage room. Officials declared a hazardous materials situation in the baggage room and state police, fire department, and a bomb-sniffing dog were brought to the scene. The TSA workers griped about eye and throat irritation as well as headaches. Four workers were sent to the hospital. No passengers were subjected to the odor.

….Alas, a false alarm. According to reports, the odor was identified as a rodent repellant. The owner the bag wanted to ward off mice–not bomb an airplane. Sigh of relief.

Moreover, the latest updates indicate the sick workers appear to be in good condition.