Boston Injury Lawyer Blog

March 12, 2012

Motorcycle Collides with Car in Allston, Causing Serious Injuries

This has been a glorious day for most people in the Boston area, with high temperatures drawing walkers, bikers, runners, and dog-walkers out into the sunshine. The day also held hopes of being a great one for motorcyclists to speed along in in one of the first warm breezes of the year. Unfortunately, however, the day has not been so bright for all. Around noon today, a motorcyclist was involved with a collision with a car near an intersection in Allston, causing the biker serious, life-threatening injuries. The collision occurred along Commonwealth Avenue at the intersection with Harvard Avenue, one of the city’s busiest intersections and a stop on the above-ground “B” train of the MBTA’s Green Line.

Although most motorcyclists wear (or should wear) helmets, motorcyclists generally have no other form of protection from outside forces, including weather, concrete, trees, and–as was the case here–other cars. While car and truck drivers at least have a physically separating them from other cars, motorcyclists (and bicyclers) have no such protection, so contact with another vehicle is typically direct and, therefore, quite dangerous.

Our thoughts and sympathies are with the injured rider and his family.

March 10, 2012

Widow Says Drug Shortage Following Shutdown at Boston-Area Genzyme Plant Caused Husband’s Wrongful Death

by Altman & Altman

A woman is blaming a drug shortage for the wrongful death of her husband. The plaintiff, Janet Schubert, is suing drug manufacturer Genzyme, its parent company Sanofi, and the Mount Sinai School of Medicine, which holds the patents for the drug Fabrazyme. In her wrongful death complaint, Schubert says that rationing of the drug, following a shortage of supply, caused her husband’s passing.

The medication shortage occurred after Genzyme’s plant in Boston was forced to shut down because of a viral contamination in 2009. While the company worked to remedy the manufacturing issues, it established a rationing program for patients suffering from Fabry disease. The rationing involved partial dosing.

Schubert contends that Genzyme chose to go through with its rationing plan even though it knew that for some patients, not taking a full dose could cause serious health issues and possibly even death.

March 9, 2012

Snowmobile accident seriously injures Massachusetts woman

by Altman & Altman

According to news reports, a woman from Hopkinton, Massachusetts was seriously injured in a snowmobiling accident near Jackman, Maine on Thursday. Apparently, the 46-year-old woman was snowmobiling with a group of people, but then she was unable to make a right-hand turn, veered off the trail and crashed into the woods. The snowmobile landed on top of her, while continuing to spin, causing further injuries. The group soon realized she was missing and doubled back to find her. The woman was transported via helicopter to a hospital in Bangor. Authorities have indicated that vehicle’s speed and the woman’s lack of familiarity with the area were potential contributors to the accident.

Snowmobiling is incredibly popular. According to the International Snowmobile Manufacturers Association, 51,796 snowmobiles were sold in the U.S. in 2011, and there are about 1.55 million registered snowmobiles in the country. Unfortunately, snowmobiling accidents are not all that uncommon. About one month ago, a 51-year-old Massachusetts man died in a snowmobile accident near Milan, New Hampshire around February 8, 2012. Like yesterday’s incident, the man appears to have been the last riders in a group and lost control of his snowmobile. Although the man was wearing a helmet, his died on the scene.

To use a snowmobile in Massachusetts, a person must be registered with the Massachusetts Environmental Police and must wear a helmet. If you have any questions about MA regulations concerning snowmobile use, or regulations in another state, or if you have been injured in a snowmobiling accident in-state or elsewhere, you are advised to seek the advice of a seasoned MA snowmobile accident lawyer.

March 6, 2012

Boston Construction Accident Results in $1.6M Massachusetts Personal Injury Settlement

by Altman & Altman

A construction worker who sustained serious back injuries has reached a $1.6 million Boston injury settlement with the defendants of his Massachusetts construction accident lawsuit. The plaintiff, Leo Camilli, was hurt while excavating broken chunks of sidewalk during a job for Cicconi and Sons Construction Company, Inc.

Camilli contends that on July 24, 2007, the bucket of a backhoe struck his back while he was working and to this day he continues to experience physical pain and is unable perform physical labor. He also claims that he cannot lift heavy weights or sit, stand, crouch, stoop, bend, or kneel for too long. Not only has Camilli undergone multiple surgeries, and he is expecting to undergo more procedures, but also, he continues to take pain medications.

Following the Brighton, Massachusetts construction accident, Camilli sued the company, as well as its employee, backhoe operator Thomas Flebotte. Camilli claimed that it was Flebotte’s responsibility to make sure that there were no workers in the work zone before swinging the backhoe. He also said there should have been a foreman in charge of letting Flebotte know when the area was clear.

Now, the defendants have offered him $1.6 million in this third-party tort claims against them. According to court documents, an economist has estimated that in the wake of Camilli’s loss of ability to remain in the competitive labor market because of his back injuries, the former construction worker’s income loss is at about $1,402,507.00.

Boston Construction Accidents
Massachusetts construction workers place themselves at serious risk of injury when doing their jobs. This is why it is so important that a site is kept safe and proper precautions and procedures are implemented to minimize the chance of serious injury.

Unfortunately, many construction injuries are serious enough that the worker may no longer be able to hold a job/make a living. While you generally cannot sure your employer for Boston injury, you should be entitled to Massachusetts workers’ compensation benefits. That said, if there were other parties involved in the construction project, such as the project owner, contractors, architects, and others, you may be able to file a third-party claim for personal injury compensation, in addition to receiving your work injury benefits.

Read the Notice of Docket Entry (PDF)

Construction Accidents, Justia

More Blog Posts:
Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw, Boston Injury Lawyers, January 19, 2011
Propane Tank Involved in Deadly Norfolk Construction Blast May Have been Lacking Chemical Odorant, Boston Injury Lawyer Blog, December 31, 2010
Boston Crane Collapse Kills One Massachusetts Construction Worker and Injures Another, Boston Injury Lawyer Blog, February 8, 2009 Continue reading

March 5, 2012

$25M Whistleblower Settlement Reached in Hospice Fraud Case Against Odyssey Healthcare Inc.

by Altman & Altman

A $25 million settlement has been reached in the whistleblower lawsuit filed by a former nurse employee against Odyssey HealthCare Inc. Per her Qui Tam complaint, submitted in 2008, between 2006 and 2009 Odyssey enrolled and recertified patients who were non-terminal for hospice care, and billed for services that weren’t reasonable or necessary.

Medicare’s benefit, which covers hospice care, is only for patients that are terminally ill. To be eligible for palliative hospice care, a patient must be diagnosed as having six months of less to live.

The plaintiff who filed the whistleblower lawsuit alleging Medicare fraud, Jane Tuchalski, was fired by Odyssey after she expressed concerns about how the hospice care company was run. (She has since settled a separate settlement related to retaliatory termination claim.) Other Odyssey employees also filed their own whistleblower complaints alleging hospice care fraud. While one of the cases was added to Tuchalski’s lawsuit, the other was later dismissed.

Odyssey is now part of Gentiva Health Service, which noted that the allegations of hospice care fraud were for a period of time that occurred prior to its acquisition of the company. Gentiva said that settling the whistleblower case is a reflection of its commitment to making sure compliance is company-wide.

Whistleblower Lawsuits
Because Tuchalski filed her whistleblower lawsuit under the False Claims Act, she is entitled to a percentage of what the government recovers. Also, under the act, employees who are fired for disclosing fraud are eligible to recover double back pay, special damages, and benefits.

In cases when multiple claims are submitted by different employees or others, it is usually the first person to file whistleblower lawsuit that receives the most from the financial recovery. In the hospice fraud case against Odyssey, claimants will get about $4.6 million.

Whistle-blower case on hospice fraud settled for $25 million, JSOnline, March 1, 2012

Hospice Provider Odyssey Healthcare Agrees to Pay $25 Million to Resolve False Claims Act Allegations, Justice.gov, March 1, 2012

More Blog Posts:
Whistleblower Lawsuit: Hospice Care Provider Vitas Healthcare Accused of Medicare Fraud, Boston Injury Lawyer Blog, November 27, 2011
Medicare Fraud?: Cigna, UnitedHealth Group, and Aetna Under Scrutiny for Possible Kickback Violations, Boston Injury Lawyer Blog, November 22, 2011
Pfizer Settles Whistleblower Claim Alleging Pharmaceutical Fraud Related to Detrol, oston Injury Lawyer Blog, October 19, 2011 Continue reading

February 29, 2012

Are Massachusetts Schools Doing Enough to Prevent Student Violence?

by Altman & Altman

In recent years, student incited violence has made national headlines as injuries and deaths have resulted. From the Columbine High School massacre in 1999 to the suicide of Phoebe Prince, the South Hadley High School girl who was bullied online in 2010, the country has been a witness to how youth violence can lead to adult consequences. With schools now more than aware of what can happen, are they doing enough to protect their students?

Recently, Just North of Boston, 29 Lynn English High School students were suspended after videos of two girls brawling were posted online. Dozens of kids surrounded them, cheering the brawlers, while others used their cell phone cameras to record the fight. Criminal charges will likely be filed against the two girls.

Gone are the days when the idea of two girls fighting conjured up only images of hair pulling and shoving, which, our Boston injury lawyers would like to note, can also result in at least one, if not both persons, getting hurt. Just last Friday, a 10-year-old California girl suffered a fatal traumatic brain injury after she and another girl, age 11, fought each other in a nearby alleyway over a boy.

Meantime, the country is also reeling after Monday’s deadly student shooting at an Ohio high school where 17-year-old Lane gunned down high school students who were at a cafeteria table. Three of the victims have died. Two others are recovering from their injuries. Lane has confessed to the shootings. He says he chose his targets at random.

Can schools be held liable when violent crimes happen under their watch? Depending on the specifics of what happened, the answer can be yes. For example, Prince’s family settled their Hampshire County, Massachusetts wrongful death lawsuit with the South Hadley Public School District.

Mass. high school girls fight on tape, dozens suspended, charges loom, CBS News, February 28, 2012
Girl who died after school fight was bleeding inside skull, Los Angeles Times, February 28, 2012

Ohio Shooting Suspect Confesses, Prosecutor Says, The New York Times, February 29, 2012

More Blog Posts:
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011

Three Teens Injured in Canton Group Home During Brawl, Boston Injury Lawyer Blog, June 30, 2011 Continue reading

February 27, 2012

Poor Patients are Less Likely to File Medical Malpractice Lawsuits, Reports New Study

by Altman & Altman

According to a recent study, poor people are less likely than people with more money to file a medical malpractice complaint. This finding contradicts the “unconscious bias” possessed by many doctors who wrongly think that low-income patients are more likely to sue.

The researchers of the study say that this type of bias might make a doctor less willing to treat low-income patients, out of fear of not getting paid, or if he/she were to provide medical care then the quality or type of service might be different than what would be rendered to a patient with more money. Per Monterey Orthopaedic and Sports Medicine Institute in California Dr. Ramon Jimenez, who is the author of the study, says that it is important that doctors become aware of this bias.

More on the study can be found in the journal Clinical Orthopaedics and Related Research. Jimenez and his team looked at social and medical studies to determine the difference in medical malpractice claims and litigation rates among patients that are socially disadvantaged compared to those that are not. Jimenez is recommending that physicians become more culturally competent, which should help them better relate to or treat someone belonging to a different ethnicity, race, socio-economic status, sex, or sexual orientation.

February 26, 2012

Products Liability?: 13 Deaths Linked to Bathtub Refinishing Chemicals

by Altman & Altman

The Centers for Disease Control says that there is a chemical in certain paint removers used to stripping bathtubs that is being linked to 13 deaths. The fatalities occurred in 10 states in residential bathrooms that didn’t have enough ventilation. The CDC’s Morbidity and Mortality Weekly report said the chemical, methylene chloride, is considered potentially deadly to factory workers and furniture strippers but had not been previously linked to bathtub refinishers. The federal agency is urging manufacturers, trade groups, and public health agencies to warn employers, consumers, and workers about the risks.

If you believe your loved one died from exposure to methylene chloride while on the job, you may be able to obtain Massachusetts workers’ compensation death benefits from his/her employer. While you cannot pursue civil damages from the company or person that your family member worked for, you may have grounds for a Boston wrongful death case or a Massachusetts products liability claim against the manufacturer of the product that contained the high levels of methylene chloride yet didn’t include a warning of the potential dangers or provide instructions on how to ensure proper protection.

10 products containing 60 to 100% of the chemical methylene chloride have been linked to the 13 fatalities. The products were marked to the aircraft industry or for use on metal, wood, masonry, or glass. The product labels don’t say anything about bathtub refinishing.

According to the CDC, the death toll could be higher, because the current count doesn’t factor into account self-employed workers and those believed to have died of heart disease when, actually, exposure to methylene chloride was the cause. The CDC is cautioning that it is best not to use the chemical in the bathroom, which can linger in bathtubs after it is applied. Proper ventilation and protective equipment is also recommended when one has to be exposed to methylene chloride.

CDC: Common Bathtub Refinishing Chemical Can Be Deadly, Time, February 24, 2012
New CDC Alert to Consumers: Bathtub Refinishing Products Deadly, EmaxHealth, February 25, 2012

More Blog Posts:
Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death, Boston Injury Lawyer Blog, February 22, 2012
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, January 28, 2012
Easthampton Police Officer Faces Forced Retirement After Work Injury, Boston Workers’ Compensation Lawyer Blog, January 17, 2012 Continue reading

February 24, 2012

Did Boston Surgical Error Cause Red Sox Relief Pitcher to Miss Baseball Season?

by Altman & Altman

Bobby Jenks, the Red Sox relief pitcher, claims that a Boston medical mistake during spinal surgery caused him to have to undergo an emergency procedure 18 days later. Now, Jenks may not be able to pitch this season.

Jenks underwent spinal decompression surgery at Massachusetts General Hospital last December. The procedure was supposed to alleviate a back condition. The urgery was performed by Dr. Kirkham Wood, who heads up MGH’s orthopedic spine service.

Jenks says that following the first procedure, he was leaking spinal fluid, suffered severe headaches, experienced severe pain, and developed an infection in his incision wound. 18 days after the surgery, he underwent an emergency procedure while in Arizona. Jenks says that if he didn’t have the second surgery the infection might have spread to his brain. (If, in fact, a medical error caused the complications that Jenks experienced, the Red Sox baseball player may have grounds for a Boston medical malpractice case against the Massachusetts hospital)

February 23, 2012

Explosions and fire ravage Winthrop home, injuring family & damaging house

by Altman & Altman

According to news reports, explosions were heard this morning before a two-alarm fire roared through a Winthrop home, damaging the house and injuring family members inside. Around 8:30am, neighbors called 911 and the Winthrop Fire Department responded to the scene. A father was home with his two adult stepdaughters at the time. The all were able to escape the house without assistance. However, the father suffered serious, though thankfully not life-threatening, burns and was rushed to Mass General. The women were primarily treated for respiratory conditions. Our sympathies are with the family as they recover.

This fire is one in a series of fires that have occurred in the Greater Boston area (Back Bay, Dorchester, etc.) in the last several weeks. Here, however, authorities are unsure what caused the explosions and flames-heard and seen by neighbors- that damaged the home. Unlike a fire in Dorchester earlier in the week, there is no lit cigarette to blame (as least yet). Investigators have considered the possibility of gas leaks and shut off gas supply to the house, though all is still very speculative. It appears that firefighters were able to halt the fire before it made its way to other homes in the neighborhood.

Responsibility for a fire can rest on numerous individuals, including landlords, building designers, contractors, manufacturers, owners, tenants, or guests. If you or a loved one has been injured in a fire you believe was caused by the negligence of another, it is important to contact an attorney to seek optimal financial recovery for personal injuries and property damage.