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According to the Centers for Disease Control and Prevention, a child who underwent a blood vessel transplant at Children’s Hospital in Boston contracted hepatitis C because the donor was infected. The disease was transmitted because of a testing error that occurred at a tissue bank, as well as delays in communication between public health officials and the transplant center. Two other people, who received kidney transplants from the same donor, also became infected. It hasn’t been reported at this time whether the child’s family will be filing a Boston medical malpractice claim.

The CDC’s Office of Blood, Organ, and Other Tissue Safety director Dr. Matthew J. Kuehnert says the infections were “preventable.” He is calling for better testing and a system more quickly able to notify transplant surgeons when there are problems, while tracking organs and tissues. Currently, e-mails, phone calls, and letters are how communication regarding such matters takes place.

As a result, 11 days passed between when one kidney recipient tested positive for hepatitis C and when the CDC was notified. It was during this period that the child at the Boston hospital received a transplant of an infected piece of tissue to fix a heart malformation.

Per the CDC’s report, a worker at the tissue bank made a mistake and marked the donor’s tissue as negative for hepatitis C even though the test results were positive.

Boston Medical Malpractice
As with any surgical procedure, there are risks involved with organ transplants and it is important that the medical team involved have the proper procedures in place, which they should implement, to prevent mistakes that could cause serious injuries and infection. For example, it is crucial that transplant recipients are given healthy organs free from disease or health issues to maximize the chances of a successful outcome. Other common Massachusetts surgical transplant errors include giving a patient an organ that his/her body is not compatible with, performing a transplant procedure without the donor’s consent, and post-operative mistakes.

Hepatitis C This viral disease is a chronic illness that can cause cancer or liver scarring. Infected patients may eventually have to undergo a liver transplant.

Child infected with hepatitis C through transplant at Children’s Hospital Boston, Boston, December 22, 2011
Child Infected With Hepatitis C After Boston Hospital Transplant, WBUR.org, December 22, 2011
Hepatitis C, PubMed Health

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
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

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Police have charged Lisa Leavitt with motor vehicle homicide while intoxicated and negligent driving in the Haverhill pedestrian accident that claimed the life of Karen LaPierre early Sunday morning. At the time, LaPierre, 63, was loading her car with doughnuts she had picked up to bring to church for morning service.

She died after she was struck from behind by Leavitt’s auto. Authorities say that while LaPierre was pinned between the two vehicles she was able to stay alive, but once the two cars were separated she died almost immediately.

Leavitt, 37, reportedly had a BAC of .18%, which is two times over the legal driving limit, after the crash. She failed a Breathalyzer test twice.

Leavitt, who admitted to police that she fatally struck LaPierre, has pleaded not guilty to the criminal charges. Her lawyer says that she was taking medication for seasonal depression. She also was in the process of getting more help for her condition.

Leavitt’s bail has been set at $50,000 cash. A judge said that if she is released she will have to wear a GPS bracelet and a home device would have to be installed so the authorities will be able to tell whether she’s consumed any alcohol.

According to the National Highway Traffic Safety Administration, although there was a decline in the number of US alcohol-impaired-driving deaths-10,228 fatalities in 2010, down from 10,759 deaths in 2009-in Massachusetts, there was a slight increase in drunk driving-related fatalities with 115 alcohol-impaired-driving deaths in 2010, which is slightly up from the 106 deaths in 2009. During both years alcohol-impaired-driving fatalities made up more than 30% of Massachusetts traffic deaths.

Our Boston injury lawyers represent victims and their families involved in Massachusetts drunk driving accidents. Although it’s never easy for anyone, including the drunk driver, to cope with the consequences, it is important that the injured person or his/her family is able to recover compensation from all negligent parties.

Hopefully, the drunk driving crackdown planned by local, state, and federal officials will help keep the number of Boston traffic accidents to a minimum this holiday season. U.S. Transportation Secretary Ray LaHood says the government’s nationwide efforts, called “Drive Sober or Get Pulled Over” will involve “invisible” law enforcement officers who will watch people that are drunk and then apprehend them when they try to drive.

U.S. Transportation Secretary Ray LaHood Announces ‘Drive Sober or Get Pulled Over’ Crackdown on Drunk Driving, NHTSA, December 13, 2011
Drunk driver kills woman heading to church, according to police, Boston Herald/AP, December 18, 2011

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010, Boston Injury Lawyers Blog, December 9, 2011
NTSB Calling for Total Cell Phone Ban on All US Roads and Highways, Boston Injury Lawyers Blog, December 15, 2011
Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011 Continue reading

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Michael Phillips has filed a Massachusetts child sex abuse lawsuit against the city of Waltham. The 20-year-old says that school officials neglect to look into complaints accusing Robert Dacey of child molestation. This alleged negligence allowed the coach and teacher to abuse more kids.

Dacey would later be charged with 17 criminal counts of child molestation. However, he passed away in 2007 before the case against him could go to trial. Dacey was 49.

Phillips says that Dacey abused him and another friend three times by dressing as a woman and then giving them blindfolded massages. In his Waltham wrongful death lawsuit, Phillips, who was in the 8th grade at the time, accuses Dacey of sexually assaulting him.

He contends that a few years before the alleged molestations, students had already come forward to complain to the principal about Dacey and his sexual misconduct, but that school officials didn’t do anything. Former-Waltham High School principal John Graceffa is also a defendant in Phllipp’s Massachusetts sexual assault lawsuit for allegedly failing to act at the time. The city is a defendant because it gets federal funding through its school department and per Title IX regulations, has to prevent sexual discrimination (and sexual assault).

Suing a School for Massachusetts Child Sexual Abuse
Schools are responsible for adequately supervising the kids who are enrolled there. This includes making sure that the students are not exposed to any dangerous situations or persons that could cause them to sustain Waltham personal injury. Failure to warn of a danger or remove it despite knowledge of its existence can be grounds for a civil lawsuit.

Unfortunately, schools are favorite places for sexual predators to hunt for their victims. Add what seems to be a common case of officials looking the other way as teachers, coaches, or others abuse kids and it is the children that suffer.

The the statute of limitations for civil Massachusetts sex abuse cases is three years from when the act happened or three years from when the victim reasonably should have or did discover that the abuse caused injury.

Lawsuit: Waltham High principal failed to prevent sex abuse, Wicked Local, December 19, 2011
Former student sues city of Waltham for failing to protect him from sexual abuse, Boston.com, December 19, 2011
Massachusetts Law About Child Sexual Abuse

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

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At a House Oversight and Government Affairs Committee subcommittee hearing earlier this month, whistleblower Richard West testified about how Medicaid fraud affected the quality of care he received. West, who has muscular dystrophy and qualifies for 16 hours of in-home nursing care every day, said he didn’t receive over 700 hours of in-home nursing care for which Maxim Healthcare Services Inc. billed Medicaid more than $20,000. West told the Congressional committee that he thought it was wrong for someone to profit from his disability while stealing from the government.

In 2004, a New Jersey government agency told West that because he had gone above his monthly benefit cap, his Medicaid services had to be suspended or reduced. He complained first to the state and then to Medicaid and later to a social worker but he says that none of them did anything. He then found a lawyer and filed a whistleblower lawsuit. West says that after he took action, he began having problems with getting home health care nurses to come to him even when he fell ill.

A few months ago, Maxim agreed to settle the Whistleblower lawsuit alleging Medicaid fraud for $130 million. This resolves civil allegations both filed by 43 US states and under the US False Claims Act. The in-home nursing care company will also pay a $20 million criminal fine. As part of its deferred prosecution deal, Maxim took responsibility and admitted conspiring to bilk some $61 million from government health programs. Nine people linked to the Medicaid fraud scam have pleaded guilty to criminal charges and the criminal probe is ongoing.

Because the False Claims Act’s Qui Tam provision entitles whistleblowers to a percentage of what is recovered, West’s portion of the award is $15.4 million.

Maxim Healthcare Agrees to a $150 Million Settlement of U.S. Fraud Probe, Bloomberg, September 12, 2011
Patient Whistleblower Exposes $150 Million Medicaid Fraud, ABC News, December 7, 2011

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

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Last week, our Boston injury lawyers published a blog post about a new National Highway Traffic Safety Administration study on text messaging and cell phone use while driving. As evidenced by the number of distracted driving fatalities that happened in 2010, too many people are dying because there are drivers that are multitasking and distracted.

Now, the National Transportation Safety Board is calling for all states to ban any type of cell phone use-including texting-unless it is an emergency situation. Over the last decade, the NTSB has made efforts to limit the use of portable electronic devices by commercial truckers, new drivers, and school bus drivers, but this is the first time that it is calling for a ban that would apply to all drivers. Handheld and hand-free devices would both be barred. Passengers that are not driving, however, would still be allowed to use their cell phones and other devices.

Although the NTSB cannot dictate state law, lawmakers do seriously consider what the federal agency has to say. Currently, in Massachusetts, only school bus drivers, passenger bus drivers, and drivers under 18 are prohibited from using cell phones. There is no ban on the use of hand-held phones-although Rep. Cory Atkins, D-Concord has introduced legislation to make the use of a hand-held cell phone while driving illegal. All drivers are banned from texting in Massachusetts.

Distracted Driving Lawsuits
Distracted driving has proven to be a huge problem among motorists. Even though people are aware of how dangerous talking on a cell phone or text messaging can be when operating a motor vehicle, many motorists cannot seem to stop themselves from making a call, sending a text, checking on email, or surfing the Web and these behaviors are causing serious injuries and killing people.

Some in Mass. eye tougher cellphone restrictions, Boston, December 14, 2011
NTSB recommends full ban on use of cell phones while driving, CNN, December 13, 2011
National Transportation Safety Board

More Blog Posts:
NHTSA Reports 314 Massachusetts Motor Vehicle Accident Deaths in 2010 , Boston Injury Lawyer Blog, December 9, 2011
Peabody Police Hit as a Pedestrian, Boston Car Accident Lawyer Blog, December 12, 2011
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011 Continue reading

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Police say that a teacher’s assistant at the Harbor Pilot School in Dorchester is facing charges of engaging in lascivious and lewd behavior with a student who is disabled and non-verbal. The school employee has been placed on paid administrative leave. According to MassLive.com, the student, 14, is autistic. The boy’s mother told WBZ-TV says that it was police who notified her that someone walked into a room and saw her son with his pants down.

The issue of child sex abuse has come under intense scrutiny nationally with the arrests of ex-Penn State assistant football coach Jerry Sandusky and recently fired Syracuse University assistant basketball coach Bernie Fine. In Massachusetts, if you believe that your son, daughter, or you were the victim of child sex abuse, do not hesitate to contact one of our Boston injury lawyers to find out whether you have a case.

Unfortunately, as the Associated Press reported four years ago (this was a story that we covered in our Boston Injury Lawyer Blog) sex abuse involving teachers as perpetrators happens more often than we’d like to think. Now, with allegations of sex abuse focused on such high profile athletic coaches, questions are again being raised as to whether schools are doing enough to protect kids.

Sandusky is accused of sexually assaulting a number of boys. He is charged with over 50 counts related to sexual molestation, including child rape. Although his alleged victims were kids he worked with through Second Mile charity and not University students, a number of the incidents allegedly occurred on Penn State property. At least one sex abuse lawsuit has been filed suing Sandusky, the University, and his charity.

Regarding the sex abuse accusations surrounding Fine, one of his alleged victims has already sued the former Syracuse assistant coach for sexually abusing him when he was a child. Today, two other alleged victims, Mike Lang and his stepbrother Bobby Davis, have filed a defamation lawsuit against Fine, the university, and head basketball coach Jim Boeheim. The plaintiffs, who claim that Fine molested them repeatedly when they were kids, are upset that Boeheim accused them of lying about Fine and the abuse.

Alleged sex abuse victims announce lawsuit against Syracuse, CNN, December 13, 2011
Jerry Sandusky Waives Hearing, Suggests Victims May Have Colluded, ABC News, December 13, 2011

More Blog Posts:
$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man, Boston Injury Lawyer Blog, October 29, 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

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Jean S. Mui, who is the landlord of the Worcester apartment building that burned down during a three-alarm fire on Thursday, is expected in court tomorrow. Mui faces allegations that the building, at 49 Arlington St., was in violation of 30 building and sanitary codes.

Building inspectors had identified the multiple violations before this week’s blaze, which caused the structure to partially collapse. Firefighter Jon Davies was killed in the Worcester fire. Another firefighter, Brian Carroll, suffered injuries.

The two men got trapped when the back of the building caved. They were trying to rescue a missing tenant, who has still not been found.

According to neighbors, recently arson fires have been occurring in the area.

If Worcester premises liability was a factor in causing the building fire and collapse, the firefighters and their families may have grounds for suing Mui for damages. Property owners can be held accountable in civil court or arbitration if a hazard on the premise that could/should have been remedied causes someone to get hurt or die in an accident.

The three-decker on Arlington Street has also been the focus of eight city inspections and three housing complaints in the last year. There were reportedly structural defects in the building’s foundation that weren’t fixed even though months had passed since a city order was put out requiring that the repairs be made. Code violations include those for illegal heaters and rodents.

Workers injured or killed on the job are usually entitled to benefits from their employer’s insurer. This, however, does not preclude them from obtaining Worcester wrongful death or personal injury recovery.

Worcester fire landlord faces code citations, Boston Herald, December 11, 2011
Worcester firefighter dies in blaze, AP/Sentinel and Enterprise, December 9, 2011

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer Blog, November 24, 2011
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
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011 Continue reading

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The National Highway Traffic Safety Administration has published its 2010 Fatality Analysis Reporting System, and our Boston injury lawyers are pleased to report that the latest figures show that last year saw a drop in Massachusetts motor vehicle crash deaths. There were 314 traffic fatalities in the state in 2010, which is a 26% dip from the 340 deaths in 2009.

Federal traffic safety officials announced that 32,885 US traffic deaths for 2010, this is the lowest number of motor vehicle fatalities that the country has seen in a year since 1949. This record-breaking low happened even as motorists traveled almost 46 billion more miles than in 2009. US Transportation Secretary Ray LaHood is crediting “our safety agency and partner organizations” for their efforts.

There was, however, a 1.2% increase in the number of US motor vehicle crash injuries that occurred. Nationally, 2,243,000 people were hurt in traffic accidents in 2010, which is slightly more than the 2,217,000 motor vehicle crash injury victims from 2009.

The federal government also released its findings from a survey that reported an increase in the number of people who text and drive at the same time despite the growing awareness that this is dangerous. Young people are especially prone to texting while driving.

More than 6,000 drivers participated in the survey. Per its results, at any given moment in 2010, nearly 1 out of ever 100 drivers was emailing, texting, surfing the Internet, or doing something else on a handheld device while operating a motor vehicle-that’s a 50% jump from the year before. A few of survey’s other findings:

• Both women and men are just as likely to make or take cell phone calls, text, or read email while driving.
• Drivers under age 25 are 2-3 times more likely to text or email than older drivers.
• Aside from poor weather conditions, traffic jams, or a fast traffic pace, most drivers found there were few situations during which they wouldn’t text and drive.

The NHTSA says there were 3,092 distracted driving deaths in 2010.

Gov’t survey of drivers finds 2 in 10 texting, Bloomberg Businessweek/AP, December 8, 2011
U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades, NHTSA, December 8, 2011
2010: Motor Vehicle Crashes: Overview, December 2011 (PDF)


More Blog Posts:
Motorists Encouraged to Remain in Vehicles After an Accident Following Multiple Massachusetts Highway Fatalities, Boston Car Accident Lawyer Blog, November 30, 2011
Man in Wheelchair Killed on Busy Street in Brockton, Boston Car Accident Lawyer Blog, October 28, 2011
Massachusetts Supreme Judicial Court to Consider Whether Drunken Driver Acquittal Rate is Too High, Boston Injury Lawyer Blog, October 31, 2011 Continue reading

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According to the Boston Globe, Segway accidents have resulted in at least 10 injuries in this city in the last 12 months. Nine of the incidents involved fall accidents off the Segways. A tenth incident involved a person on a Segway getting hit by a car.

Four of the Boston Segway accidents occurred in the Beacon Hill area. Another four happened in the North End, while two other incidents took place in Charleston.

If you or someone you love was injured in a Massachusetts Segway accident, you may want to explore your legal options with an experienced Boston injury lawyer.

Segways
As this two-wheeled electric vehicle that riders are expected to stay balanced on has grown more popular, so has the number of injuries. While Segway accidents do occur because of rider inexperience (it can take a little while for some people to get a hang of using the “Lean Steer” handlebar, as they lean forward and back to get a Segway moving) other common causes of related injury accidents are poor instruction, inadequate supervision, a defective Segway, a malfunctioning part, or a defect on the road.

Just last year, the Annals of Emergency Medicine reported that 25% of patients who were admitted to one DC ER were Segway accident victims. At least four people had sustained traumatic brain injuries and were treated in the ICU.

All of the accident information used in this study involved Segway fall incidents with the victims striking inanimate objects. Less than half of the patients whose records were examined had been using helmets. It was also last year that Segway company owner James Heselden died in a Segway accident. The 62-year-old sustained fatal injuries when his Segway skidded into the Wharfe River in England.

Other Segway Accident Injuries:
• Broken bones • Spinal cord injuries • Facial injuries • Wrist injuries • Disfiguration

In 2006, 23,500 Segways were recalled because a defective part caused the personal transporters to suddenly go backwards at high speeds. That announcement was made three years after Segway recalled another 6,000 because of a safety issue that could cause the two-wheeled vehicle to stop suddenly while the battery was discharging.

Segway has been named as a defendant in a number of products liability lawsuits. Parties that rent or loan out a malfunctioning Segway can also be held liable for Boston personal injury. If a road defect was the cause of your Segway accident, you may have grounds for a Massachusetts premises liability case.

10 Segway injuries reported in Boston over last year, Boston, December 7, 2011
Serious Injuries From Riding Segways Increasing, MedicineNet.com, September 28, 2010

More Blog Posts:
Springfield Man Sustains Massachusetts Burn Injuries in Leaf Blower Accident, Boston Injury Lawyer BLog, November 24, 2011
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
Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually, Boston Injury Lawyer Blog, April 26, 2011 Continue reading

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Police and Andover High School officials are investigating allegations that some of the more senior members of the boys’ basketball team goaded younger players into consuming a cookie that was covered in bodily fluid. The alleged hazing incident is said to have taken place at Stonehill College last summer during an overnight sports camp.

School officials reportedly found out about the alleged incident in October and notified police right away. Since then, Stonehill has severed its connection with Hoop Mountain of Beverly, which ran the camp, for allegedly failing to meet is safety and supervisory duties. Hoop Mountain’s managing partner Greg Kristof maintains that the camp operator did its job and supervised the kids the entire time.

If you believe that your child was injured while under another party’s supervision and negligence played a role in the Massachusetts injury accident, please talk to one of our experienced Boston personal injury lawyers right away. Schools can be held liable if kids are injured while under their watch.

Hazing is the term given to certain initiation processes and rituals. Often, these activities are usually associated with school groups. Unfortunately, hazing has been known to cause serious injuries and even deaths. Schools and the groups involved have been sued as a result.

Just recently, a Florida A & M University drum major, is believed to have died after he was hazed. Robert Champion, 26, was found unresponsive on November 19. He was complaining of not being able to breathe and had been throwing up before he lost consciousness. His family is planning to sue the university for his wrongful death.

While some hazing incidents are harmless pranks, others involve dangerous activities that can lead to alcohol abuse, sexual abuse, physical assault, or other acts that can cause serious injury. In many instances, the person that is being hazed is under pressure to participate.

Andover students ‘disgusted’ by hazing incident, Boston Herald, November 30, 2011
Family Of Dead FAMU Student Prepare Lawsuit, CBS Miami, November 28, 2011
Andover school district confirms hazing incident, WHDH, November 30, 2011

Related Web Resources:

More Blog Posts:
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Boy Dies Following Shrewsbury Drowning Accident at Summer Camp, Boston Injury Lawyer Blog, July 29, 2011
East Boston Elementary School Evacuated; Smoke in the Basement, Boston Injury Lawyer Blog, December 9, 2010 Continue reading

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