Boston Injury Lawyer Blog

February 22, 2012

Judge Upholds $20M Massachusetts Products Liability Lawsuit in Woman’s Pool Slide Death

A judge has upheld the $20M Andover wrongful death verdict awarded to the family of a woman who died after she was injured while going down an inflatable pool slide. Robin Aleo, 29, sustained fatal injuries when the slide partially collapsed as she descended head first and she struck her head on the pool deck.

After the Andover swimming pool accident, Aleo, who suffered a spinal cord injury and broke her neck, became a quadriplegic that couldn’t breath without help. She was later removed from life support.

Her family filed an Essex County, Massachusetts products liability complaint against Toys “R” Us, which imported the Banzai Falls in-ground slide that was made in China. They contended that the slide was never tested to see if it fulfilled federal standards.

Safety standards dictate that pool slides have to be able to safely carry up to 350 pounds without deforming or collapsing. Attorneys for the defense contended that because the slide was inflatable, it isn’t subject to the testing that is generally required for other pool slides.

Last year, a jury awarded the family $20.6M in Andover wrongful death damages. Toys “R” Us filed a motion asking that the verdict be lowered and a new trial take place. A Superior Court judge denied both requests.

While no money can make up for the death of a loved one, it can provide family members with some financial relief while allowing them to hold any responsible parties liable for wrongdoing. Product manufacturers, sellers, distributors, and importers must make sure that the consumer goods that they sell meet all safety standards so that the chance of serious injury or death is decreased. Even if the party didn’t manufacture the product but played a role in the chain of distribution that allowed consumer goods to enter the market, that person or entity could be ordered to pay damages.

$20 million verdict upheld in pool slide lawsuit, Boston, February 17, 2012
$20M Verdict Upheld in Massachusetts Pool Slide Lawsuit, Insurance Journal, February 20, 2012

More Blog Posts:
Massachusetts Products Liability: $20.6M Andover Wrongful Death Verdict Awarded Against Toys “R’ Us in Fatal Swimming Pool Slide Accident, Boston Injury Lawyer Blog, October 15, 2011

“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study, Boston Injury Lawyer Blog, February 13, 2012

Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol, Boston Injury Lawyer Blog, January 11, 2012 Continue reading

February 21, 2012

MA Supreme Court holds that teens who don’t supply alcohol at underage parties they host cannot be held civilly liable

by Altman & Altman

It’s no secret that high school kids host parties with underage drinking. It’s also no secret that sometimes these parties don’t always end well-news reports of underage drunk driving accidents, and even deaths, speak for themselves. You’re all familiar with the incredibly tragic scenario. A high school party. Underage binge drinking. 3am car crash. The case on which today’s decision was based stems, not surprisingly, from a similar tragic fact pattern that occurred in 2007.

Who can be held responsible? Who pays in liability suit or a wrongful death suit? The teenagers who held the party? The friends or parents who supplied the alcohol? The hurt teenager himself, who was drinking illegally?

The Massachusetts Supreme Judicial court unanimously ruled today that teens who host parties where underage drinking occurs cannot be held civilly liable-usually meaning responsible for monetary damages-if they did not supply the alcohol. The court “reaffirm[ed] that liability attaches only where a social host either serves alcohol or exercises effective control over the supply of alcohol.”

February 20, 2012

Teenage boy and firefighters hurt in early-morning Dorchester fire

by Altman & Altman

A three-alarm fire at 5:45am, apparently caused by a cigarette on the second floor porch, caused several injuries and left nine individuals homeless when it destroyed a three-story home on Harvard Avenue in Dorchester. A 13-year-old boy was rushed to Massachusetts General Hospital with burns on his head. Five firefighters were also taken to local hospitals with cuts and chest pains. According to reports, no injuries are life-threatening.

The estimated damage caused by the fire is $500,000. A white van parked outside the home was also destroyed by the spreading fire.

Responsibility for a fire can rest on numerous individuals, including landlords, building designers, contractors, manufacturers, owners, tenants, or guests. In this case, beyond being caused by a cigarette, it is currently unclear who was involved in starting the fire and how exactly the fire began-including who lit the cigarette, whether it was left unattended, if it thrown on the porch while still lit, whether the building was up to code, etc. The owner of the home has not yet been reached.

February 19, 2012

Elderly Somerville Woman Dies After Clothes Ignite in Massachusetts Kitchen Fire

by Altman & Altman

A Massachusetts in her 90’s died Sunday morning when her clothes caught fire while she was making coffee in the kitchen of her Somerville home that is located on Boston Avenue. The woman passed away before firefighters were able to arrive at the scene.

According to Somerville Fire Deputy Chief Jim Lucia, the fire appears to have sucked up the majority of oxygen in the kitchen. Although the fire was contained to that area of the three-bedroom house, some $75,000 in property damage was sustained. Lucia says that the victim appears to have died from severe burns and smoke inhalation.

At this time, our Boston injury lawyers do not know what caused this deadly fire. However, if a product defect allowed the clothing to catch fire too easily, then the woman’s family could have grounds for a products liability case against the manufacturer, distributor, and/or seller of her clothes and/or its fabric.

There is a federal standard in place to ensure that clothing is made with materials that prevent them from being highly flammable. Unfortunately, there are some fabrics that ignite more quickly than others, which means that once they catch fire they can spread more easily over the rest of the fabric and the body of the person wearing them, making it difficult for the victim to get away from the flames. Serious second- and third-degree burn injuries and even death may result.

If the clothing caught fire because another product, such as an appliance, malfunctioned, the victim or his/her family may be able to pursue Boston products liability damages from those responsible for the chain of manufacture and distribution of that particular consumer good. Another possible liable party might be the owner of the property where the fire occurred if he/she could/should have prevented the accident from happening.

Elderly woman dies in Somerville kitchen fire, Boston.com, February 19, 2012
Somerville woman, 94, dies in fire, Boston Herald, February 19, 2012

More Blog Posts:
Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons, Boston Injury Lawyer Blog, February 19, 2012

Seven Boston University Students Injured in Allston Apartment Fire, Boston Injury Lawyer Blog, January 22, 2012

Worcester Building that Collapsed During Fire, Killing One Firefighter and Injuring Another, May Have Been Poorly Maintained, Boston Injury Lawyer Blog, December 10, 2011 Continue reading

February 16, 2012

Man Charged with Drunk Driving and Hit-and-Run in Fall River

by Altman & Altman

An hit-and-run accident this week in Fall River left a 52-year-old woman with a broken leg and other serious injuries. Police allege that 32-year-old Antonio Martis hit Donna Adams as she was crossing the street after leaving a bakery, got out of the car and looked at her, then backed up-driving over Adams’ legs as he did so-and sped away. According to news reports, one car stopped to let Adams cross the street, but Martis’ vehicle was traveling so quickly on the wet roads and he was unable to stop in time. Witnesses to the accident began to chase Martis, who ended up striking a parked car and then a utility pole-leaving Martis’ face bleeding from the airbags that deployed. Martis has been charged with an leaving the scene of an accident, OUI, and assault and battery.

A witness to the accident took out his cell phone and began recording the accident after he saw Adams struck by the vehicle. He apparently captured Martis’ vehicle driving over Adams’ legs before he sped away.

The Massachusetts legislature and courts take hit-and-run accidents very seriously. Adams’ injuries could have been even more serious, and even fatal, and our sympathies are with Adams and her family.

February 15, 2012

Missing Toddler’s Mom Intends To Sue the State

by Altman & Altman

As our Boston injury lawyers have mentioned before, sometimes we cover cases and incidents occurring outside of Massachusetts. In this post, we would like to address whether or not a state can be sued for injury or death when a child placed under its supervision gets hurt.

In Maine, the mother of a missing 20-month-old daughter says she plans to sue the state of Maine for civil damages. Trista Reynolds says that the state’s Department of Health and Human Services didn’t’ do enough to protect Ayla Reynolds.

Social service workers had sent the toddler to live with Justin DiPietro, who is Ayla’s dad, when Reynolds had to go to rehab for alcohol addiction. Ayla disappeared from DiPietro’s home in December. He says she was nowhere to be found one morning.

Reynolds says that background checks were supposed to be conducted on
everyone in DiPietro’s residence. Well-child visits were also supposed to happen on a frequent basis. Yet despite expressing concerns to DHHS on several occasions about her daughter’s well-being, Reynolds says that no one looked into her concerns.

Reynolds claims that the week that Ayla was given to DiPietro, he took out a life insurance policy on their daughter. Reynolds says she also plans to sue social services. Last month, blood found in DiPietro’s home was confirmed to be Ayla’s.

When the state exercises the ability to place someone’s child-whether with a family member, a foster home, or with someone else-it can be held liable in certain instances if failure to exercise the necessary care allowed the child to get seriously hurt or die. A negligent party doesn’t need to have been the direct cause of Boston personal injury or wrongful death in order to be liable for damages. Sometimes, it is a failure to act or actions that allowed the incident to happen that can be grounds for a case.

Mother Of Missing Maine Toddler Considers Lawsuit Against State, CBS Boston, February 14, 2012
Report: Ayla Reynolds’ father took out life insurance on toddler before she disappeared, CBS News, February 15, 2012
Ayla Reynolds Case: Blood Found in Home Belongs to Missing Girl, ABC, January 30, 2012

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

Dorchester Toddler Dies After Driver Accidentally Leaves Him in Day Care Van for Several Hours in 80 Degree Weather, Boston Injury Lawyer Blog, September 17, 2011

Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist, Boston Injury Lawyer Blog, January 25, 2011 Continue reading

February 14, 2012

Approximately 835,000 Tassimo Single-Cup Coffee Makers Recalled Over Burn Hazard

by Altman & Altman

The CPSC and BSH Home Appliances Corp. are recalling approximately 835,000 Tassimo Single-Cup Coffee Makers in the US over concerns that the product poses a burn injury hazard. Some 140 reports have already been filed about the coffee makers spraying coffee grounds, hot liquid, or tea leaves onto people. Already there have been 37 reports of people suffering second-degree burns. One of the victims was a 10-year-old girl who was hospitalized after sustaining burns to her neck and face.

Please contact one of our Boston injury lawyers if you sustained burn injuries because of a consumer product. Altman & Altman LLP represents clients throughout Massachusetts.

Second-degree burns can be painful, cause swelling, redness, blisters, and pain. They can impact hair follicles and sweat glands. Failure to properly treat a deep second-degree burn can cause it to become a third-degree burn, which can affect the dermis, epidermis, and hypodermis. The skin may become charred and numb. Skin tissue and structures can sustain permanent damage and there may be severe scarring. Depending on the severity of the third-degree burns, muscle, fat, and the bone may also be affected.

February 13, 2012

“Metal-on-Metal” Hip Replacement Devices May Increase Cancer Risk, Says Study

by Altman & Altman

According to The Telegraph, early findings from a British study on “metal-on-metal” devices indicates that using an all-metal hip implant may up the risk of a patient developing cancer and sustaining genetic damage. Per the study, conducted by orthopedic consultants in England and run by the University of Bristol, the bladders of over one in five patients who were monitored appear to have undergone cellular changes after they received the implant devices.

Obviously, this is more bad news for patients that with “metal-on-metal” hip devices. As our Boston injury lawyers have mentioned before, these hip implant users already have had a lot to contend with over concerns involving early failure rates and the risks of metal poisoning, which could occur should traces of metal enter a patient’s blood stream (this also may increase the chance of cancer), inflammation, and destroyed bone and muscle from metal pieces breaking off because of the friction created by the metal cup and ball.

For this latest study, 72 patients were studied. Genetic damage was found in the bladders of 17 participants. Three of them ended up developing cancer. That this many people experienced changes to their DNA is important to know because it is this damage that could eventually turn into cancer.

If you believe your injuries or health complications may be a result of your all-metal hip implant device, our Boston products liability law firm wants to hear from you. According to the New York Times, as of December more than 5,000 defective implant lawsuits had been filed over all-metal replacement hip implants. Some 3,500 of the products liability complaints involve DePuy hip implants. Johnson & Johnson is DePuy’s parent company. In 2010, the medical device manufacturer recalled some 40,000 DePuy all-metal implant devices. Also, although DePuy’s Pinnacle all-metal hip implants haven’t been recalled, there are some patients who are reporting similar problems.

Hip replacement patients could face increased risk of cancer, The Telegraph, February 4, 2012
The High Cost of Failing Artificial Hips, The New York Times, December 28, 2011

More Blog Posts:
Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer Blog, January 4, 2011
Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits, Boston Injury Lawyer Blog, September 29, 2010
Transvaginal Mesh: FDA Wants Manufacturers to Conduct Three-Year Studies on Complications, Boston Injury Lawyer Blog, January 14, 2012 Continue reading

February 12, 2012

Cambridge man killed in tragic snowboarding accident

by Altman & Altman

A Cambridge, Massachusetts resident was killed in a snowboarding accident on Saturday when he hit his head on the ground, swerved off the trial, and crashed into a tree. He appears to have been wearing a helmet at the time. Unfortunately, according to news reports, 29-year-old Sylvan Walton suffered severe injuries to the chest and brain and could not be revived. Walton was staying at a resort in Vermont with friends. It appears that he was an experienced snowboarder-although he hadn’t snowboarded in the last two years-and was on a black diamond trial at the time of the accident.

Skiing and snowboarding fatalities due to collisions with off-trail trees are not all that uncommon. And, as this tragic incident suggests, even precautions like wearing a helmet do not ensure protection from accidents that occur in what can be considered a relatively high-risk sport. Our sympathies are with the friends and family of Mr. Walton.

Cambridge man dies in snowboarding accident at Jay Peak Resort in Vermont, Boston.com, February 12, 2012

February 11, 2012

Fighting Massachusetts Nursing Home Negligence: Patient Advocates Want the State to Only Allow Properly Trained Facilities to Provide Care for Dementia and Alzheimer’s Patients

by Altman & Altman

This week, patient advocates went to the State House to press lawmakers into backing a proposed law that mandate that the Massachusetts Department of Public Health set up minimum standards for assisted living facilities with dementia care units. This would include requiring all nursing homes that care for patients with dementia and Alzheimer’s provide dementia-specific training for supervisors, direct-care workers, and activities directors. Activities designed specifically for dementia patients would also be required.

Considering that over half or Massachusetts nursing home patients have dementia, it is important that the workers and staff that provide them with care understand their special needs. However, although similar legislation has been proposed over the last several years, no law has been put in place. In 2005, 44 other states already had specific requirements about staff training and security at facilities that provide specialized dementia care.

Not only do dementia patients have specific symptoms and needs for care, but as their condition progresses they continue to become easy targets for Boston nursing home abuse and neglect. Many dementia patients are suffering from severe and permanent memory loss. They may have trouble remembering people, places, and events, find it difficult to perform routine tasks without help, experience problems communicating, and suffer from other challenges.