Boston Injury Lawyer Blog

February 10, 2012

Massachusetts Child Sex Abuse Allegations Lead to Charges Against Former Newton Teacher and Woburn Little League Coach

The issue of child sexual abuse continues to make headlines in the US. This week, the spotlight is on Massachusetts, where an ex-Newton elementary teacher has been charged with allegedly sexually assaulting a child that he babysat and a Woburn Little League coach is accused of committing sex acts via the Internet with boys he met online.

As our Boston injury lawyer blog has mentioned in the past, Massachusetts child sexual abuse is a serious problem that can lead to devastating physical and emotional injuries for victims. You may be able to pursue compensation from the perpetrator and others that may have been involved-even if they didn’t play a direct role in the abuse or assault but could/should have prevented it.

In these latest incidents, David Ettlinger, the 34-year-old former teacher, pleaded not guilty to multiple charges, including those for counts of aggravated indecent assault and battery on a child under the age of 14, child pornography possession, posing a child in a nude state, posing a child in sexual conduct, and secretly recording someone that was partially nude. Prosecutors say that Ettlinger had images of him “indecently assaulting” the victim stored on his computer.

While he had been registered with Sittercity.com, the Boston Globe could not confirm whether he obtained the babysitting job through the service. If he did, depending on other specifics, the alleged victim’s could sue the company for Massachusetts personal injury for allowing David Ettlinger to offer himself as a sitter through its site. Ettlinger recently pleaded not guilty to other Massachusetts child sex abuse charges that are unrelated to this case.

Meantime, Raymond W. McAllister, 20, has pleaded not guilty to child enticement, posing a child in a nude state, and putting out material that could harm a minor. The Little League coach for a boys’ team of 12- to 14-year-olds allegedly admitted to police that he frequented Web sites that were popular with teen boys. He would then allegedly use Skype to persuade some of them to take part in mutual sex activity via the Internet. (According to a State Police report, in addition to Little League coaching duties in the past McAllister has volunteered at a kid’s Bible camp and also teaches Jujitsu to children and young teens)

The Massachusetts sex abuse allegations come just a couple of days after the entire teaching staff at a California elementary school was replaced because two of its teachers were accused of sexually abusing students. The alleged abuse incidents are said to have taken place in classrooms during school hours. One teacher is accused of “playing games” with both boys and girls, binding and gagging some of them, and getting the girls to swallow spoons filled with his sperm.

Woburn Little League coach held on sex charges, Boston Herald, February 8, 2012
David Ettlinger, former Newton teacher, faces new child porn, indecent assault charges; allegedly attacked girl he babysat, Boston.com, February 8, 2012
California: More Sex Abuse Charges, New York Times, February 7, 2012

More Blog Posts:
New England Conservatory Hired Videographer Who Was Convicted Sex Offender, Boston Injury Lawyer Blog, January 17, 2012
Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer, December 13, 2011 Continue reading

February 8, 2012

Consumer Groups Urge Recall of Bumbo Baby Seat

by Altman & Altman

A set of consumer advocate groups has recommended the Consumer Product Safety Commission (CPSC) to recall the Bumbo Baby Sitter Seat, a device intended to help babies sit up earlier than they could on their own. At first glance, the product-millions of which have been sold in the United States by the South African Company, Bumbo, since 2003-seems ideal. Maybe even perfect.

The Babies R Us website describes the Bumbo Baby Sitter Seat, available at $44.99 in a variety of colors, as follows:

cleverly designed to support babies and allows little ones to sit up independently. Made from a single piece of latex-free, low-density, lightweight foam, the Bumbo Seat provides a snug and comfortable environment for your baby to sit during feedings, play time or quality time with the family. The Bumbo Baby Seat requires no straps or fasteners to hold your baby in place and helps babies make the transition to sitting upright.

February 7, 2012

Was Enough Done to Protect Brothers Charles and Braden Powell?

by Altman & Altman

In a story making national headlines, the two sons of a missing Utah woman have died in a blast engineered by their father, Josh Powell, who died along with them in Washington State. Powell had lost custody of his two sons, Braden, 5, and Charles, 7, and had just been ordered to undergo psychosexual testing. The tragic ending caps a sad story of a family that entered the media spotlight when Josh’s wife, Susan Cox, disappeared in 2009. Although Josh was never charged in her disappearance, he has remained under investigation.

A social worker had brought the brothers to Josh’s home for a supervised visit. That was when things went awry, as Josh shut her out of his home. It was as the social worker was calling her supervisor to report smelling gas that the residence exploded.

Police have said that Josh first tried to kill the boys with a hatchet. Although they sustained serious injuries from the assault, it was the smoke in their lungs from the gas-infused blast that killed them. In e-mails Josh sent out prior to the murder-suicide, Powell said he couldn’t live without his sons.

February 6, 2012

MA Family Struck by Elderly Driver in Concord, Injuring Child

by Altman & Altman

According to media reports, an elderly woman struck a Concord family on Commonwealth Avenue in Concord around 9 a.m. on Saturday, sending the family to the hospital and causing serious injuries to the 20-month-old child who was being pushed in a stroller at the time. The mother, 39-year-old Laura Labriola, and her 5-year-old son were released from Emerson Hospital that evening, but the 20-month-old child and the elderly woman-who had been on her way to dialysis at the time of the accident-continued to be hospitalized due to more serious injuries. After the woman hit the family, she plowed into a garage. The accident occurred at the intersection near the Route 2 rotary and the MCI-Concord prison.

Investigation into the accident is ongoing. However, investigators believe the accident may have occurred because the driver hit the gas instead of the break.

Concerns about elderly drivers and whether they should be subject to tighter restrictions and regulations are continually debated in Massachusetts. According to the Massachusetts Department of Transportation, the Medical Affairs Branch of the RMV “sets its driver license policies without regard to age and therefore has no policies based on age alone.”

January 31, 2012

Massachusetts Nurse Midwives Granted Expanded Medical Authority

by Altman & Altman

Massachusetts Governor Deval Patrick has signed a bill that widens the medical authority to nurse-midwives. Under the new law, midwives will be allowed to order and interpret tests and therapeutics, as well as write prescriptions. It also gets rid of the requirement that a nurse-midwife has to practice with a team that includes a licensed doctor with admitting privileges. Nurses will have to, however, have a clinical relationship with an obstetrician-gynecologist that can give consultations, as well as practice within a health care system.

The state’s Department of Public Health will be responsible for registering the names of nurse-midwives who can issue prescriptions. The public health department will also work with the Board of Registration in Medicine and the Board of Registration in Nursing to authorize the controlled substances for which a nurse-midwife can receive certification.

Boston Midwife Malpractice

January 30, 2012

Another Boston Injury Lawsuit Blames DES Drug for Causing Newton Woman’s Breast Cancer

by Altman & Altman

50 years after her birth, Arline MacCormack believes that the DES drug that her mother took while she was pregnant has caused her to now develop breast cancer. MacCormack, a Newton resident, is one of more than 50 women in the US have filed products liability lawsuits against the drug manufacturers for marketing diethylstilbestrol to women who were expecting babies between 1938 and the early 70’s. Millions of women in different countries took the drug to prevent birth problems, include premature births and miscarriages.

It wasn’t until 1971, after a studied showed that taking DES increased the chances that the female babies might develop vaginal cancer years later, that the FDA told physicians to stop prescribing the drug to women who were pregnant. Since then, thousands of dangerous drug lawsuits have been filed by DES daughters who claim the drug caused their infertility issues, cervical cancer, and vaginal cancer. A lot of these products liability cases were settled before going to court.

MacCormack’s Boston DES lawsuit is considered the first significant lawsuit claiming a connection between breast cancer and DES in women over 40. She is blaming 14 drug manufacturers, including Bristol-Myers Squibb Co. and Eli Lilly and Co,. for not letting the FDA and doctors know that DES came with serious safety risks and actually did not stop miscarriages from happening.

The Newton woman was 44 when she was diagnosed with the disease. She says the type of breast cancer she has is more associated with women over 60.

MacCormack’s claims are supported by a recent study involving National Cancer Institute researcher Dr. Robert Hover. The study suggests that DES daughters older than 40 have a 1 in 25 risk of developing breast cancer, while other women in that age range (until they turn 55) have a 1 in 50 chance. Drug manufacturers have disputed this.

Earlier this month, a federal judge in Boston heard the drug makers’ motions claiming that the opinions of the experts the female plaintiffs’ have cited aren’t based on reliable science. They want any testimony from the experts excluded from the case. U.S. Magistrate Judge Marianne Bowler, however, turned down their motions and has told the drug manufactures to go into mediation with the women plaintiffs.

Boston lawsuit claims DES-breast cancer link, USA Today, January 10, 2012
Judge orders talks in DES-breast cancer case, MassLive, January 20, 2012

More Blog Posts:
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
Man Awarded $48.1M Dangerous Drug Verdict in Products Liability Lawsuit Over Motrin, Boston Injury Lawyer Blog, October 7, 2011 Continue reading

January 30, 2012

Middleborough, MA Woman Dies on Royal Caribbean Cruise Ship

by Altman & Altman

According to news reports, forty-seven-year-old Barbara Wood of Middleborough died today aboard a Royal Caribbean cruise ship while it was off the Florida coast. She apparently slipped on stairs and fell down a staircase, and hit her head. Although rushed to the infirmary, Wood was pronounced dead approximately an hour later.

Wood was on a five-day cruise on the Royal Caribbean’s Liberty of the Seas. Like most cruise ship companies, the Royal Caribbean says it was prepared to handle medical emergencies. According to a spokesperson for the Royal Caribbean, each ship has 24-hour medical professionals, as well as an infirmary stocked with a plethora of pharmaceuticals and equipment, including x-rays and cardiac defibrillators.

As this incident indicates, cruise ships, while hot spots for vacationing and sightseeing, are also prime breeding groups for all types of injuries-from slip-and-fall accidents, to food poisoning, to sexual assaults and rape, to fires and collisions. Whether this particular ship’s medical equipment and facilities were adequate is currently unknown, and some people are skeptical about whether cruise ships are generally prepared for life-threatening situations.

January 30, 2012

Saugus Police Arrest Suspect in 2010 MA Crash that Killed Christos Agganis

by Altman & Altman

According to news reports, police have arrested a suspect in the 2010 hit-and-run crash that killed 81-year-old Christos Agganis. The suspect, 24-year-old Steffany Barbanti of Saugus, is suspected of striking the 81-year-old man then fleeing the scene and is being charged with leaving the scene of a fatal crash. She was arrested on Saturday, January 28, exactly two years to the day of the accident, supposedly as a result of an anonymous tip. Barbanti is expected to be arraigned today in Lynn District Court. Police also learned that, around the time of the crash, Barbanti had work done on her SUV. This charge comes after two years of investigation and thousands of dollars in reward money.

In January 2010, Agganis was apparently crossing the street in Saugus, on his way to a restaurant run by his relatives, Hammersmith Inn Restaurant in Saugus. Agganis apparently visited the restaurant several times daily and lived across the street. He was killed in the crash. Agganis’ nephew, who was inside the restaurant, looked outside the restaurant window and as he heard the car crash and saw the driver just keep driving.

Hit-and-run accidents are incredibly troubling for police, victims, and their families. In many cases, locating a hit-and-run driver can be close to impossible. Victims, therefore, fear whether their accident will be covered by insurance or if they have any legal recourse for their medical expenses and lost wages. Fortunately, some insurance policies will protect such a victim via uninsured motorist (UM) coverage where a driver cannot be located. If you have any questions about how to recover from a hit-and-run accident in Massachusetts, contact a Boston personal injury lawyer today.

January 30, 2012

Massachusetts Dentist Gets Year in Jail for Using Paper Clips in Root Canals

by Altman & Altman

A former Massachusetts dentist was sentenced to one year in jail by Fall River Superior Court, after pleading guilty earlier in January to a host of charges. Fifty-three year old Michael Clair pleaded guilty to assault and battery, illegally prescribing medications, defrauding Medicaid, and illegally prescribing medications. According to prosecutors, Clair sometimes used parts of paper clips-instead of stainless steel posts-when performing root canals in an attempt to save money. Patients of Clair have reported infections, pain, and other problems as a result of this improper dental work.

Clair’s dentistry license was suspended in Massachusetts back in 2006 and he is currently not licensed to practice in any state. Although prosecutors requested a sentence of five to seven years, Clair only received one year.

Dentists and doctors have a duty of care to their patients, and patients should not leave an office in a worse state than which they entered. Unfortunately, however, dental malpractice and medical malpractice can occur more often than imagined, and victims of malpractice may be eligible for compensation. For the protection of you and your family, before making an appointment with a doctor or dentists, or at least before signing a contract or paying money, you should seek a personal recommendation or referral or check the doctor’s reviews online.

January 28, 2012

Landlords Found Guilty in Quincy Fire that Killed a Father and Two Sons

by Altman & Altman

Nearly two years after a Quincy fire at a basement apartment claimed the lives of Oudah Moshah Frawi, 9, and his sons Ali Oudah Frawi, 1, and Hassan Frawi, 2 months, landlords Jason Huang and Andy Huang have been convicted of manslaughter over their deaths. The Norfolk Superior Court jury also convicted the brothers of wanton or reckless violation of state building codes. The Huangs are facing up to 20 years in prison.

The blaze started in the basement apartment where the family’s sofa caught fire. Also injured in the fire was Terri Knight, who was Frawi’s wife and the mother of the two boys. She sustained severe burn injuries to her hand. It wasn’t until three weeks after she was admitted to a hospital, when she woke up from a coma, that she found out her family had perished.

Authorities say that the apartment had been illegally built and lacked a proper escape route and smoke detectors. The building also had four utility meters, even though there were apartment units, and was illegally wired.

Knight later filed a $10M Quincy wrongful death lawsuit against Andy Huang and his wife accusing them of negligent maintenance and other careless acts that are grounds for a Massachusetts premises liability case.

Landlords that fail to make a building safe for tenants can be held liable for Boston premises liability in the event of a fire. Failure to install smoke detectors or fire alarms, establish proper exits, properly maintain electrical wiring, and abide by local, state, and federal safety codes are just some of the reasons why a tenant or his/her family might file a Massachusetts personal injury or wrongful death complaint.

Landlords convicted in blaze, Boston Herald, January 28, 2012
Quincy grocer sues lamp manufacturer in fire that killed man, 2 young sons, Patriot Ledger, July 3, 2010

More Blog Posts:
Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment, Boston Injury Lawyer Blog, April 14, 2009
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, 2012 Continue reading