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With so many Massachusetts nursing homes to choose from, selecting the one that is the right fit for your loved one can be a daunting task. Our Boston injury lawyers want to remind you that this is a very important decision. Unfortunately, because Massachusetts nursing home neglect and abuse continue to be issues of concern at certain facilities throughout the state, your best bet is to visit a facility and inspect it for yourself. While this is no guarantee that your loved one won’t become the victim of Boston nursing home negligence, it can help you weed out places where the chances of neglect are more likely.

When selecting a nursing home, make sure to:
• Visit more than one facility and inspect the premises and living conditions.
• Talk to medical and nursing staff to get a sense of them, their training, and their credentials.
• Ask lots of questions about the type of care they plan on giving your loved one.
• Find out what services and amenities are included in the price of admission.
• Make sure the facility is one that can take care of your loved one’s specific medical and care needs.
• Observe the day-to-day activities that go on there. Do residents appear happy? Are there ongoing activities that patients can take part in?
• Is there a feeling of community between staff and residents?
• Check out the kitchen to see if it is clean.
• Can the nursing home accommodate your loved one’s dietary needs?
• Do overall conditions at the assisted living facility appear sanitary?
• Are there standard safety measures in place? (Smoke alarms, emergency exits, locks on doors and windows, surveillance cameras, adequate security)

Once you and your loved one have selected a nursing home, you will want to make sure that you stay in regular communication with him/her after admission. When you do visit, look out for signs of possible Boston nursing home abuse or neglect, including:

• Unexplained bruises and injuries
• Bedsores • Malnutrition • Poor hygiene
• Your loved one is upset, withdrawn, depressed, fearful or agitated for no apparent reason
Law Prohibiting Dangerous Sex Offenders From Living in Massachusetts Nursing Homes is Unconstitutional, Rules Supreme Judicial Court, Boston Injury Lawyer Blog, August 29, 2011
Boston Nursing Home Negligence Can Lead to Wandering and Elopement, Boston Injury Lawyer Blog, August 26, 2011
Does Taking Diuretics Increase the Risk of Massachusetts Fall Accidents at Boston Nursing Homes?, Boston Injury Lawyer Blog, May 19, 2011 Continue reading

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In his whistleblower fraud lawsuit, Michael Rehfeldt, a former Vitas Healthcare Corp. manager, accuses the hospice care chain of defrauding the US government. Vitas is a unit of Chemed Corp.

Rehfeldt claims that Vitas and health insurers enrolled patients that weren’t fatally ill in Medicare. He is alleging fraudulent billing and false certifications.

Rehfeldt contends that Vitas allegedly benefited from the scam while breaking rules that prevents patients that aren’t facing death from receiving hospice care. He says that when he told his supervisors about the alleged misconduct, they ignored his concerns. Rehfeldt believes this shows that Vitas executives know about the Medicare fraud.

Meantime, the US Justice Department now wants internal documents from Vitas so it can look into the fraud allegations. The government told the district court that it believes that Vitas defrauded Medicaid and Medicare of hundreds of millions of dollars.

In the last 10 years, the number of patients covered under Medicare through Vitas has doubled to 1.1 million. Although the hospice care company cannot comment on ongoing litigation, a spokesperson for Vitas did say that it has consistently complied with the rules of both Medicaid and Medicare.

Rehfeldt is seeking damages on behalf of the US government. As the whistleblower, he is entitled to part of whatever is recovered over the Medicare fraud. The False Claims Act offers this incentive to get whistleblowers to come forward. He is also suing Care Level Management LLC and WellMed Medical Management in his qui tam complaint.

Hospice Care
In order to qualify for hospice services under Medicare, a patient must only have six months or less to live. Two doctors must certify that this is true. A patient, however, can stay on longer than that as long as his/her terminal diagnosis is recertified every two months.

Whistleblower Accuses Chemed Unit of Medicare HMO Conspiracy, Bloomberg, November 16, 2011

Texas Lawsuit Identifies Problems In Medicare Hospice Provisions, Kaiser Health News, November 16, 2011

More Blog Posts:
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
Pfizer Settles Whistleblower Claim Alleging Pharmaceutical Fraud Related to Detrol, Boston Injury Lawyer Blog, October 19, 2011 Continue reading

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According to a recent study, there are four kinds of medications that are most commonly linked to adverse reactions that end up sending about 100,000 elderly persons to the emergency room each year. These medications are the blood thinner warfarin, insulin, oral hypoglycemic agents, and antiplatelet drugs. Meantime, meds considered “high-risk” were only a factor in 1.2% of these hospitalizations. More on the study can be found in the New England Journal of Medicine’s November 24 issue.

Our Boston injury lawyers want to remind you of the important of doctors notifying patients of any risks involved with taking certain medications-especially when taking more than one drug. There also may be a way to treat someone’s condition without medication. Meantime, it is also the responsibility of drug manufacturers to make sure that they warn doctors and consumers of any adverse reactions that can result from taking a medication, while keeping serious side effects to a minimum. Failure to fulfill these duties can be grounds for a Massachusetts dangerous drug lawsuit.

Researchers involved in this recent study identified between 2007 and 2009 over 5,000 involving patients in the 65 and over age group that experienced an adverse reaction to certain medications. 48% of those who were hospitalized belonged to the age 80 and over age group. Accidental overdose was a factor in 66% of these incidents.

Of the four types of medications most commonly cited, bleeding was the main issue of concern for the blood thinners and antiplatelets. Seizures, confusion, loss of consciousness, and other changes in mental states were side effects associated with the diabetes medications.

The study notes how important it to be aware that when seniors are involved (especially those older than 80), there appears to be a higher risk of adverse side effects than if the person taking the medication was younger. However, it is important to remember that many of the patients were taking these drugs because they have to in order to maintain their health. The authors of the study noted that 40% of seniors are taking at least medications at a time, while about 18% have to take 10 drugs or more.

Four common meds send thousands of seniors to hospital, USA Today, November 25, 2011
Emergency Hospitalizations for Adverse Drug Events in Older Americans, New England Journal of Medicine, November 24, 2011

More Blog Posts:
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
Boston, Massachusetts Accutane Lawsuits Blame Acne Drug for Severe Intestinal Problems, Boston Injury Lawyer Blog, August 2, 2011 Continue reading

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A 21-year-old man sustained third- and second- degree burns in a Springfield, MA injury accident involving a leaf blower and a lit cigarette. Javier Rivera was reportedly using the machine when gas spilled onto his arm while it was being refueled.

At the time, Rivera and another man were using the leaf blower. Rivera’s arm ignited when one of them lit a cigarette.

Depending on the specifics of what happened, Rivera may have grounds for filing a Massachusetts personal injury lawsuit. For instance, if the gas spilled out of the leaf blower because of a product defect, then he may be able to pursue a Massachusetts products liability case against the manufacturer. Another possible reason for a defective product lawsuit would be a failure to warn of dangers involved with using the leaf blower and not providing instructions for proper and safe use. Also, if it was Rivera’s companion that lit the cigarette then this could be grounds for a Springfield personal injury case against him.

Massachusetts Personal Injury
To prove negligence in a Springfield injury case, the plaintiff must show that another party was negligent. Because Massachusetts is a comparative negligence state, if a victim contributed to his/her own injuries, then the amount he/she can receive is lowered by the percentage of responsible attributed to the claimant-unless that percentage of negligence is 51% of greater, in which case a plaintiff cannot receive any compensation.

There may be more than one party who should be held liable. If so, each party would be held responsible for part of the damages that would be proportionate to the percentage of fault allotted. Massachusetts’ joint and several liability rules, however, lets a plaintiff sue one person for all damages. If the plaintiff wins the case then that party can sue the others that are at fault for repayment.

Javier Rivera of Springfield suffers 2nd, 3rd degree burns in leaf-blower accident, MassLive, November 21, 2011
Springfield man burned in leaf blower accident, Boston Herald, November 22, 2011
Related Web Resources:
Burns, Medline Plus
Products Liability, Nolo
More Blog Posts:
$7.7M Boston Personal Injury Verdict Awarded to Boiler Repairman Burned by Defective Water Heater, Boston Injury Lawyer Blog, October 6, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011
Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater, Boston Injury Lawyer Blog, May 25, 2011 Continue reading

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Senate Finance Committee Chair Max Baucus (D, Mont.) and Senator Charles Grassley (R, Iowa) of the Senate Judiciary Committee are looking at whether insurers’ practice of directing tests to specific labs in return for payments or discounts from the labs violate federal anti-kickback laws. This practice is known as “pull through.”

Earlier this month, the two senators sent a letter to insurers Cigna, UnitedHealth Group, and Aetna, as well as to clinical labs Laboratory Corp of America and Quest Diagnostics. It was just this May that Quest settled for $241 million a California whistleblower lawsuit with the state. The medical lab testing provider was accused of overcharging California’s Medicaid program for over 15 years and issuing illegal kickbacks to doctors, clinics, and hospitals. This often took the form of discounted rates and free tests for referring patients and other parties to the labs. Even though it agreed to settle, Quest was not admitting to wrongdoing and continued to stand by testing rates. The whistleblower settlement, however, was the largest recovery under California’s False Claims Act. The state is pursuing similar claims against other lab companies.

Pull-through deals have raised concerns for the Human Services Office of Inspector General and the Department of Health. This type of arrangement between a clinical lab and an insurance company violates federal anti-kickback laws, which bar anyone from knowingly and willingly receiving payment for something of value to influence the referral of federal health care program business.

Medicare Fraud
Medicare fraud costs taxpayers billions of dollars annually. Those that work in the industry that choose to expose this type of fraud can be rewarded up to 30% of what the government collects. Filing a Massachusetts whistleblower lawsuit also lets you sue those committing Boston Medicare billing fraud on the government’s behalf.

2 senators probe insurers and labs for possible kickback violations, Amednews.com, November 21, 2011
Quest Diagnostics settles Medi-Cal whistle-blower suit, Los Angeles Times, May 20, 2011

More Blog Posts:
Whistleblower Lawsuit Accuses Florida Hospital of Defrauding Medicare of $2M, Boston Injury Lawyer Blog, November 15, 2011
Pfizer Settles Whistleblower Claim Alleging Pharmaceutical Fraud Related to Detrol, Boston Injury Lawyer Blog, October 19, 2011
Whistleblower in Bank of New York Mellon Corp. Probe to Receive Reward for Helping the Justice Department, Boston Injury Lawyer Blog, October 13, 2011 Continue reading

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A 30-year-old Massachusetts woman was killed on Saturday during a tailgating incident at the Harvard-Yale football game. The truck accident happened as the driver of a U-Haul truck sped up through the area where people were hanging out, striking the victim and two other women a couple of hours before the game started.

More than 55,000 fans turned out to watch “The Game.” At halftime, a moment of silence was observed in honor of the tailgating accident victims. Harvard defeated Yale 45-7 in today’s game.

The two women that survived the pedestrian accident were treated at a hospital. While one of them sustained minor injuries, the other was reportedly in critical but stable condition.

According to police, the box truck that hit the three men was transporting several kegs. The truck driver had sped up as he turned into a parking lot close to the Yale Bowl and that was when the traffic accident happened. The vehicle then kept going until it struck another U-Haul.

Some fans complained that traffic enforcement at the game was not very good this year. Following the incident, Yale issued a statement saying that its regulations and policies about tailgating will have to be reevaluated. At last year’s game between Harvard and Yale, which took place in Massachusetts, Harvard had banned kegs, U-haul vehicles, and hard alcohol.

Massachusetts Personal Injury
If you or someone you love was injured in an accident on another party’s premise, you could have grounds for a Massachusetts injury lawsuit. Property owners are supposed to make sure that their premise has no safety hazards that could cause/allow serious injuries or deaths to occur. This includes making sure that parking lots are safe for pedestrians and revelers hanging out there during events so that Boston pedestrian accidents and motor vehicle crashes don’t happen.

Mass. woman dies at Harvard-Yale game, Boston Globe, November 19, 2011
Deadly tailgating accident mars Harvard’s 45-7 win over Yale, Los Angeles Times/AP, November 19, 2011

More Blog Posts:
Injured last Month in New Bedford Oil Truck Accident, 84-Year-Old Wheelchair-Bound Man Dies from His Injuries, Boston Injury Lawyer Blog, February 25, 2011
Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyer Blog, February 15, 2011
Blaze in Saugus Caused by Crashed Gas Tanker, Boston Car Accident Lawyer Blog, July 29, 2011 Continue reading

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Just in time for the holidays World Against Toys Causing Harm, which is based in Boston, has put out its list of 10 worst kids’ toys. The products that made this year’s top 10 include:

Twist ‘n Sort by Guidecraft, Inc.: Small pieces pose a choking hazard to young kids.

Power Rangers Samurai Mega Blade by Bandai: The sword, which flips open, has a toy blade that could cause impact injuries.

Fold & Go Trampoline by The Original Toy Company: Small parts pose a choking hazard. Head, neck, and other bodily injuries can also happen.

Pulling Animal Duck by Haba: Long cord can be pose a strangulation hazard.

School Bus from Schylling: Small pieces are a choking hazard. There is a warning label that comes with it, but it is removable.

Z-CURVE BOW by Zing Toys, Inc.: Arrows can cause eye injuries and may also injure animals.

Stepper “Low Rise” Stilts by JJI Toys: May cause impact and head injuries.

Sword Fighting Jack Sparrow by Jakks Pacific: Small pieces can pose a choking hazard. Plastic sword that activates upward can cause impact injuries. No warning included.

Incredible Shrinky Dinks Maker by Big Time Toys, LLC: Electricity required, which places users at risk of burn injuries and electric shock.

“Gigan” Godzilla Figure by Bandai: Sharp parts increase the chances of impact and penetrating injuries.

Child injuries caused by a toy can grounds for a Boston products liability lawsuit. Manufacturers are supposed to make sure that all kids’ products are designed so that they are safe for use, create a minimum risk or injury, and, if there are any hazards, that warnings are included. Also, toys should be designated for the appropriate age group.

According to the Consumer Product Safety Commission, some 250,000 toy-related injuries in 2009 resulted in visits to hospital emergency rooms. This year, said WATCH president Joan Siff, about 3.8 units of toys were recalled.

U.S. consumer group flags 10 most dangerous toys, Reuters, November 17, 2011
WATCH

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
Boston Playground Accidents Can Cause Serious Massachusetts Child Injuries, Boston Injury Lawyer Blog, September 10, 2011
Massachusetts Products Liability: CPSC Recalls More Pourable Gel Fuels Following Burn Injuries and Two Deaths, Boston Injury Lawyer Blog, September 9, 2011 Continue reading

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A former Boca Raton Regional Hospital has filed a whistleblower complaint accusing the facility’s administrators of purposely using the wrong billing code to defraud Medicare of at least $2M. This was allegedly an attempt to get more government money for treating patients with heart problems.

For now, the US Justice Department has agreed not to pursue a case against the hospital. Jeannette Lavoie, however, has decided to file a Medicare billing fraud lawsuit under the False Claims Act. If her claims prove founded, the Florida hospital could end up paying three times more than what it overbilled Medicare. The act also allows Lavoie to recover up to 30% of these damages.

Lavoie, who served as the hospital’s case management director, says she grew worried that improper reporting was occurring in regards to what procedure heart patients were getting and as to whether these were occurring on an outpatient or inpatient basis. She said that after she expressed her concerns to administrators, they refused to resubmit their bills. They also assumed auditors wouldn’t discover the errors.

Lavoie claims that Boca Raton Regional Hospital turned in over 600 fraudulent claims between July 2006 and January 2009. Meantime, the hospital is denying her allegations and accusing Lavoie of just being out for money.

False Claims Act
The False Claims Act’s “qui-tam” provision lets US citizens file whistleblower complaints on behalf of the government. Unfortunately, Medicare billing fraud is one way others may try to get more money out of the government. Examples of Massachusetts Medicare fraud includes billing for services or goods not provided, conducting tests that aren’t actually needed, up-coding, billing twice for equipment or services, and unbundling.

Lawsuit alleges Boca hospital defrauded Medicare, Sun-Sentinel, November 14, 2011
What is the false claims act?

Medicare fraud

More Blog Posts:
Pfizer Settles Whistleblower Claim Alleging Pharmaceutical Fraud Related to Detrol, Boston Injury Lawyer Blog, October 19, 2011
Whistleblower in Bank of New York Mellon Corp. Probe to Receive Reward for Helping the Justice Department, Boston Injury Lawyer Blog, October 13, 2011
Whistleblower Lawsuit Accuses Southern Care of Charging Medicare While Fraudulently Enrolling Patients in Hospice Care, Boston Injury Lawyer Blog, September 27, 2011 Continue reading

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A case of fortuitous timing has prompted state’s highest court to allow a woman who broke her foot when she slipped in an icy parking lot at a McDonald’s to proceed with her Massachusetts slip and fall lawsuit. Mercilla Lindor was injured in 2007.

In her Massachusetts injury lawsuit, she complained that the condition of the parking lot was so bad that someone else fell right after she did and medical workers had to ask the restaurant’s employees to salt the ground. A judge would later go on to dismiss her complaint because per state law at the time property owners could not be held accountable accidents resulting from acts of nature. He issued his order on July 22, 2010.

However, because the clerk didn’t record the order on the docket until July 28, 2010, the state’s Supreme Judicial Court has decided that the Massachusetts slip accident complaint can proceed. That’s because a ruling is not considered official in Massachusetts until it is docketed by a clerk, and on July 26, 2010-two days before the decision was docketed-the SJC revised the law on landlord liability by ruling property owners-especially commercial ones-are in fact responsible from protecting guests from nature’s actions.

Boston Slip and Fall Accidents
Boston slip and fall injuries can lead to painful, debilitating injuries. Property owners must make sure that their premises are free from any hazards that could cause serious slip and fall accidents. This includes making sure that the ground is safe enough to walk on when the weather conditions are poor. Other common causes of slip and fall accidents include:

• Debris or liquid left on the floor • Failure to post “slippery when wet” warning signs • Poor lighting • Uneven flooring • A missing step • Unnatural ice accumulation • Black ice on the ground
SJC rules against McDonald’s in slip-and-fall case, Business Journal, November 10, 2011
Massachusetts Law About Snow and Ice, Massachusetts Trial Court Law Libraries
Slip and Fall, Justia

More Blog Posts:
Boston Slip and Fall Accidents in Stores Can Lead to Massachusetts Injury Lawsuits, Boston Injury Lawyer Blog, August 16, 2011
Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney, Boston Injury Lawyer Blog, January 26, 2011
Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010 Continue reading

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Maury Paulino is suing the city of Boston and four of its police officers for Massachusetts police brutality. He recently filed his federal lawsuit in US District Court.

Paulino, then 19, contends that the cops beat him in November 2009 because he had used his cell phone to record them disciplining his friend. At the time, his friend was being released from the police station in Roxbury and had gotten into a verbal altercation with one officer.

Paulino says that not only was he charged with violating Massachusetts wiretapping laws, disorderly conduct, resisting arrest, and assault and battery, but also one cop kneed and punched him and used pepper-spray on his face. Meantime, the other police officers allegedly just stood by.

Paulino’s Boston personal injury lawyers maintain he was never aggressive or threatening toward the police officers and he did not interfere with their activities. In his Massachusetts police brutality complaint, Paulino notes a federal appeals court’s ruling that it is not illegal to record police officers while they are doing their job. Also, a clerk magistrate has since dropped the illegal wire tapping charge against Paulino, who was acquitted of the other criminal charges during his trial. He is suing the city of Boston for allegedly failing to properly discipline and supervise its cops.

Paulino says that his injuries included a scalp laceration, neck abrasions, and bleeding from his nose, mouth, and lips. He is seeking monetary damages.

Meantime, the Boston police have said that since 2010 its officers have been trained to know that it is not illegal to openly and publicly record them as they do their job.

Police officers must uphold a certain code of conduct. This includes not employing more force than necessary at any time and definitely not abusing the right to exert force by using it to intimidate, scare, or bully others.

Many people don’t realize that police brutality does happen and that this is both against the law and a violation of one’s civil rights. There may be legal remedies available allowing the victim to obtain Boston personal injury recovery for the harm that they have suffered.

Boston man says he was beaten for recording police, Boston Herald, November 2, 2011
Man arrested while video recording Boston police officers files lawsuit, Boston Globe, November 2, 2011
Boston Police Department

More Blog Posts:
Westport Cop Settles Case Alleging Bristol County, Massachusetts Excessive Use of Force, Boston Injury Lawyer Blog, August 9, 2011
Massachusetts Personal Injury: Two Women Sue Barnstable County Sheriff’s Office Over Dog Attack by K-9, Boston Injury Lawyer Blog, May 27, 2011
Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit, Boston Injury Lawyer Blog, April 23, 2011 Continue reading

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