Boston Injury Lawyer Blog

January 17, 2012

New England Conservatory Hired Videographer Who Was Convicted Sex Offender

The New England Conservatory has admitted that it failed to abide by its own policy to protect kids when it hired a vendor as a school videographer and didn’t conduct the request background checks. Although in November 10 the acclaimed school started screening all vendors, in addition to volunteers and staff, it didn’t check Peter E. Benjamin, who had been freelancing at the conservatory for at least 10 years.

The background checks are part of Massachusetts’ new requirements for large institutions that primarily work with children. If conservatory officials had done a check on the 68-year-old, they would have discovered that he served five years in prison for sex abuse and rape during the 1990’s and he is a classified Level 2 registered sex offender. Charges against him involved recording himself in sexual acts with three teenage males and behaving in a predatory manner toward boy adolescents.

Last week, the school e-mailed about 6,000 ex- and current students and their families to let them know that it learned last month that Benjamin was a convicted sex offender. They’ve since fired faculty member Benjamin Zander, who has admitted that he knew about the videographer’s past.

Benjamin, however, has said that he didn’t anything improper or inappropriate.

Schools are responsible for making sure that they people they hire don’t pose any threat to kids and faculty. When failure to take the appropriate actions of due diligence results in a child becoming the victim of a violent crime, the school can be held liable for Boston personal injury.

Massachusetts sex abuse can cause serious emotional, physical, and psychological damage to a child that can haunt him/her for life. Many kids are too scared to immediately report abuse incidents. Some may even repress the memory of what happened for years. (Fortunately, the state allows for adults who come forward later to seek damages for molestation or assault that occurred when they were children as long as it is within three years of discovering that the child sex abuse caused the personal injury.)

School says it failed to check into offender, Boston.com, January 15, 2012

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011 Continue reading

January 14, 2012

Transvaginal Mesh: FDA Wants Manufacturers to Conduct Three-Year Studies on Complications

by Altman & Altman

The Food and Drug Administration has written to 33 medical device manufacturers directing them to conduct three-year study into the health complications that may arise from using transvaginal mesh. Between just 2008 and 2010, the federal agency received 1503 reports of adverse occurrences, which is fivefold greater than the two previous years.

Hundreds of women have come forward to file products liability lawsuits over their vaginal mesh implant-related injuries claiming. In Massachusetts, if you are someone who believes that your health complications are a result of your transvaginal mesh procedure, contact our Boston defective medical device law firm immediately.

A medical device of choice for treating stress urinary incontinence and pelvic organ prolapse, transvaginal mesh has been linked to organ damage, chronic pain, urinary tract infection, perineal cellulitis, infection, organ perforation, painful intercourse, and even death. Also, last year the FDA reported it couldn’t confirm that vaginal mesh provided any added benefits compared to other procedures and devices used to treat the same health issues.

Boston Scientific, Johnson & Johnson, and CR Bard Inc. are three of the 33 medical device makers who received letters from the FDA calling for the studies. The federal agency wants the manufacturers to study vaginal mesh devices that are currently available for use. (Transvaginal mesh products that aren’t in the market yet don’t have to be included in the study.)

Because vaginal mesh products get their FDA approval through the 510(k) system, they don’t have to be tested on humans first because they are already similar to a medical device that was already approved. It is important to note, however, that the Boston Scientific vaginal mesh device that was FDA approved was recalled over a decade ago.

Transvaginal Mesh
This kind of mesh is a surgical mesh (usually made from polypropylene or polyester). It is often used as a bladder or pelvic sling, to strengthen the vaginal wall and/or provide support to organs that have been displaced. Unfortunately, when health complications arise as a result of transvaginal mesh, the patient may have to undergo additional surgeries and more complications can arise.

J&J, C.R. Bard Must Study Safety of Vaginal Mesh, FDA Says, Bloomberg, January 5, 2012

Looking Into Problems With Transvaginal Surgical Mesh, FDA

More Blog Posts:
Vaginal Mesh Injuries Lead to Boston Defective Medical Device Lawsuits, Boston Injury Lawyer Blog, September 22, 2011
Boston Products Liability?: FDA Considering Tougher Review Process for Mesh Products, Boston Injury Lawyer Blog, August 30, 2011
Defective Medical Device?: Transvaginal Mesh to Treat Pelvic Organ Prolapse May Cause Health Complications, Warns FDA, Boston Injury Lawyer Blog, July 15, 2011 Continue reading

January 13, 2012

Mass Legislature Contemplates Cell Phone Ban While Driving

by Altman & Altman

According to a report published by the Highway Loss Data Institution in January 2012, talking on a hand-held cell phone is banned in 10 states and in Washington, D.C. This group includes several states in the Northeast region of the country, including Connecticut, Delaware, Maryland, New Jersey and New York. Massachusetts is not among the listing, although the state legislature has recently been debating the issue.

Massachusetts banned texting while driving in September 2010, when the Safe Driving Law became effective. The Commonwealth also bans drivers under age 18 from using a cell phone while driving. School bus drivers and passenger bus drivers are likewise banned from using cell phones while driving, for apparent safety reasons. Violations of these laws result in fines and license suspensions. As of yet, however, Massachusetts currently does not have a comprehensive law banning hand-held cell phone use while driving.

Last week, a session of the Joint Committee on Transportation held a cell phone law hearing on the issue of banning handheld cell phones while driving. Various proposed bills recommend a variety of different bans, including:

January 13, 2012

Child Falls from Massachusetts Ski Lift, Second Time in a Month

by Altman & Altman

According to media reports, this week another child has fallen from a ski lift in Massachusetts. The seven-year-old girl was skiing at Nashoba Valley in Westford as part of an after-school program. She fell approximately 17 feet from the ski lift, but was wearing a helmet and did not lose consciousness or suffer any broken bones. There were no reported problems with the ski lift, as the girl apparently lost her balance and fell off the lift. Thankfully, the girl was released from the hospital with minimal injuries.

This is the second time within a week that a child has fallen from a ski lift in Massachusetts. Unfortunately, the 18-year-old boy from Upton, who attended Nipmuc Regional High School, did not survive his fall to the icy ground and was pronounced dead at UMASS Medical Center in Worcester.

Skiing is an incredibly popular New England sport. Despite safety precautions, ski accidents are bound to occur. In this week’s incident at Nashoba Valley, it does not appear that the girl has any viable claim of recklessness or negligence against the ski area owner, and there has been no talk that any charges would be filed. However, if you or a loved one was injured in a ski area accident, you should contact an experienced Boston personal injury lawyer to explore the possibility of filing a claim.
Continue reading

January 11, 2012

Johnson & Johnson Sued in Wrongful Death of Toddler Who Took Children’s Tylenol

by Altman & Altman

Six months after River Moore died from liver failure after he was given Children’s Tylenol, his family is suing drug maker Johnson & Johnson for wrongful death. In their dangerous drug lawsuit, they contend that the over-the-counter medication contains too much acetaminophen, which they say caused the two-year-old’s liver damage. The toddler was given the Tylenol for his fever.

Daniel and Katy Moore area accusing Johnson & Johnson of breach of warranty, infliction of emotional distress, recklessness, reckless and willful conduct resulting in death, conspiracy, and other offenses. They are also seeking damages from J& J chief executive officer William Weldon, other company executives, including former J&J Worldwide Chairman Consumer Group Colleen Goggins, three subsidiaries, and the retailers and distributors that dealt with the drug.

The Children’s Tylenol that River was given was part of a batch of medications that J & J recalled the year before. While J & J maintains that doctors, regulators, consumers, and retailers were told about the recall, the Moores believe that the drug manufacturer attempted to keep the recall as low profile as possible and even included a “stealth” strategy that allegedly involved hiring contractors who secretly entered stores that carried the medication and purchased what was in stock to keep public knowledge and dialogue about the safety issues minimal.

Dangerous Drugs
If you or someone you love died because you believe that a drug was dangerous, defective, came with inadequate instructions or warnings, or was inappropriately marketed, you may have grounds for filing a Boston dangerous drug complaint against the manufacturer and others.

Grieving Parents Blast J&J ‘Stealth Recall,’ Courthouse News Service, January 4, 2012
Couple Sues Johnson And Johnson For Death Of Their Son, KvewTV, January 6, 2012

More Blog Posts:
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
Boston Personal Injury Lawsuit Blames Prenatal Exposure to DES for Breast Cancer, Boston Injury Lawyer Blog, September 29, 2011 Continue reading

January 7, 2012

Norton Woman Accidentally Shot by Off-Duty State Trooper is Battling Infection

by Altman & Altman

According to media reports, 66-year-old Cheryl Blair is struggling to recover and battling an infection one week after she was accidentally shot by an off-duty state trooper on New Year’s Eve. Trooper John Bergeron was hunting at the time and made the mistake of thinking that one of her golden retrievers was a deer.

The Norton, Massachusetts injury accident happened as Blair was walking her dog in the woods behind her residence. Bergeron, who lives on the same street, fired one .50-caliber lead ball from his rifle. The lead ball, which ripped through her side, created a 10-inch wound. She was rushed to the ICU where she has since had to undergo surgeries.

Doctors expect to send her to a rehab center after her stay at the hospital. They also believe that she will continue experience chronic pain and may have a permanent limp.

Following the accidental shooting, Trooper Bergeron asked Blair why she hadn’t been using blaze orange, which is required clothing for hunters. Her husband, however, has said that because she isn’t a hunter, the requirement didn’t apply to her.

Norton police don’t plan to file criminal charges against Bergeron over the shooting. However, the accidental shooting is prompting some citizens to call for changes to the state’s hunting law. Currently, Massachusetts doesn’t mandate that a hunter get a landowner’s permission to hunt on private grounds.

Boston Personal Injury
If you or someone you love was seriously injured by another party, you may be able to file a civil case even if criminal charges aren’t filed. You should speak with an experienced Boston injury lawyer to explore your legal options. Claims can be filed if someone else was reckless, negligent, or acted with the intent to cause harm. Massachusetts has a modified comparative negligence system when it comes to compensation. For a party that was injured to recover any compensation he/she cannot be found 51% (or more) liable. If any liability less than that is placed on the victim, his/her recovery will be reduced by that percentage.

Shooting of woman spurs call to change hunting law, Boston Herald, January 3, 2012

More Blog Posts:
Boston Injuries Reported in 10 Segway Accidents in 2011, Boston Injury Lawyer Blog, December 7, 2011
Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K, Boston Injury Lawyer Blog, December 31, 2011

Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death, Boston Injury Lawyer Blog, December 28, 2011 Continue reading

January 4, 2012

Qui Tam Cases Result in $2.B Recovered in 2011

by Altman & Altman

The US Justice Department says that 636 qui tam complaints were filed for fiscal year 2011, resulting in $2.8B recovered. Of the more than $3B involving the False Claims Act that resulted in settlements and judgments from fraud cases, $2.4 billion was related to fraud committed against a number of federal programs, including Medicare, TRICARE, and Medicaid. Usually, no more than 400 whistleblower cases are filed annually.

$2.2B was recovered from civil claims made against pharmaceutical companies alone. GlaxoSmithKline PLC agreed to pay $750 million to settle allegations involving false claims related to medications and adulterate drugs that didn’t satisfy FDA specification. $900 million came from drug companies accused of engaging in unlawful pricing to up their profits.

The False Claim Act
Federal and state False Claims Acts cover fraud committed against any state or federal funded program or contract. Since amendments were made to the federal False Claims Act in 1986, the US Justice Department has gotten back more than $30 billion. The amendments provided stronger incentives for whistleblowers to come forward and file lawsuits on behalf of the government. A whistleblower could end up entitled to up to 30% of what the government recovers.

Kinds of fraud that fall under the False Claims Act include those involving:

• Billing for goods the buyer never received • Billing for services that were never rendered Falsifying testing data or results • Falsifying employee records • Performing unnecessary medical treatments on Medicaid/Medicare patients

Justice Department Recovers $3 Billion in False Claims Act Cases in Fiscal Year 2011, US Department of Justice, December 19, 2011
Qui Tam Action, Legal Information Institute

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
Whistleblower Lawsuit Accuses Florida Hospital of Defrauding Medicare of $2M, Boston Injury Lawyer Blog, November 15, 2011 Continue reading

December 31, 2011

Hampshire County, Massachusetts Lawsuit in Phoebe Prince’s Bullying Settled for $225K

by Altman & Altman

According to newly unsealed court documents, the parents of Phoebe Prince have settled their Massachusetts civil complaint with the South Hadley Public School District for $225,000. The case was resolved more than a year ago, but the financial figure reached was just revealed after a journalist went through the courts to obtain access to the information. Prince, whose family moved to the US from Ireland in 2009, hanged herself in January 2010 after spending months being bullied by other students at South Hadley High School. The 15-year-old became a target after she dated Sean Mulveyhill. The 18-year-old was the ex-of Kayla Narey, who was one of Prince’s bullies. Even after Prince and Mulveyhill. stopped seeing each other, the bullying continued online and in person.

After her death, Prince’s parents filed a complaint against the school district with the Massachusetts Commission Against Discrimination. Anne O’Brien and Jeremy Prince claimed the district of not doing enough to protect their daughter. The civil settlement was reached in November 2010.

It is the responsibility of school officials to make sure that students are not placed in harm’s way while under their watch. Fortunately, bullying, which has been known to occur at schools, is now being seen as a serious threat to a child’s safety and a potential cause of serious injury or death.

Thankfully, hazing is now also receiving attention as a dangerous activity among students that can cause serious injuries and even death. As our Boston injury lawyers reported in an earlier blog post, last month, police looked into allegations of hazing involving Andover High School students that attended a basketball camp this summer. Two of the participants were allegedly forced to eat a cookie covered in semen. Two other students have since been expelled because of the alleged incident.

Phoebe Prince’s Parents Settled School District Lawsuit for $225,000, ABC News, December 28, 2011
Expulsion, suspensions meted out in Andover hazing case, Eagle-Tribune, December 1, 2011
Bullied girl’s suicide has ongoing impact, MSNBC, December 27, 2011

More Blog Posts:
Andover High School Confirms Hazing Allegations, Boston Injury Lawyer Blog, November 30, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011 Continue reading

December 28, 2011

Cambridge, Massachusetts Tractor-Trailer Crash Causes Bicyclist’s Death

by Altman & Altman

Authorities have identified Phyo N. Kyaw as the victim of a Cambridge, Massachusetts truck accident that occurred Tuesday night on the corner of Vassar Street and Massachusetts Avenue.

The 23-year-old, who was originally from Myanmar, graduated from MIT last year. He was pronounced dead after he was transported to Massachusetts General Hospital.

According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company.

After a Massachusetts semi-truck crash, it is not uncommon for the trucking company’s insurer to attempt to immediately negotiate a settlement with the victim. It is a good idea that you not reach any type of agreement until you’ve explored your legal options first. You also may not know the extent of your injuries until after you’ve had a doctor examine you.

MIT graduate is identified as victim in bicycle-truck collision, Boston.com, December 28, 2011
Cyclist killed in Cambridge accident ID’d, Boston Herald, December 29, 2011

More Blog Posts:
Multiple Vehicle Accident Involving Dump Truck Leaves Several Injured in Uxbridge, Boston Car Accident Lawyer Blog, April 21, 2011
20-Year-Old Bicyclist Victim of Hit-and-Run in Attleboro, Boston Car Accident Lawyer Blog, July 18 2011
NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyer Blog, December 15, 2011 Continue reading

December 26, 2011

Boston Child Injuries: Do Some Toys Cause Hearing Problems?

by Altman & Altman

According to researchers at UC Irvine’s otolaryngology department, certain toys that are currently “in” may emit noises that hit decibel levels comparable to those made by chain saws or subway trains. This could place a child at risk of suffering from hearing loss. If so, his/her family may have grounds for a Boston products liability case.

10 popular toys were measured for loudness while they were held 12 inches away (approximately the length of a toddler’s arm stretched outward) and when placed next to a speaker. Per the study’s findings, popular toys such as the Tonka Mighty Motorized Fire Engine, T-Pain Mic, and Road Rippers hit decibel levels of 100 or greater. The Sesame Street Let’s Rock Elmo, Marvel Super Shield Captain America, Toy Story Buzz Lightyear Cosmic Blaster, VTech Princess Magical Learning Wand, and the Green Lantern Colossal Cannon Blaster hit decibels levels of 90 or over when placed next to the speaker. When kept 12 inches away, decibel levels for the toys hit the 60’s.

Considering that, according to the American Academy of Otolaryngology, noise higher than 85 decibels can lead to hearing loss (with duration playing a role in impairment) these toys may be cause for concern.

Are the products’ manufacturers warning about the potential for hearing loss? Are they doing enough to minimize the chance of this type of injury? Are they providing proper instructions for how to safely use these toys?

Researchers have recommended that if a toy has to emit sounds from a speaker, then the ones with speakers on the bottom are best. Proper supervision of toys that lack this safety measure, as well as placing tape over the speakers to decrease the sound, are also recommended.

You may have grounds for a Massachusetts products liability lawsuit if a product caused your child to sustain any type of injury. Possible liable parties include the manufacturer, seller, or distributor.

Study: Toys can be too loud, Daily Pilot, December 22, 2011
Noise and hearing protection, American Academy of Otolaryngology
Some children’s toys as loud as a chain saw, UCI study says, Los Angeles Times, December 23, 2011

More Blog Posts:
Boston Medical Malpractice?: Hepatitis C Contracted by Child During Transplant Was Totally Preventable, Says CDC, Boston Injury Lawyer Blog, December 23, 2011
Police Say Haverhill Pedestrian Accident Was Caused by Drunk Driver, Boston Injury Lawyer Blog, December 22, 2011
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 Continue reading