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A Winthrop woman was killed on Saturday night in a Hull, Massachusetts boating accident. Regina Mosher sustained a fatal brain injury when she fell off the powerboat she was in a passenger in after it struck a moored sailboat.

The driver of the powerboat, Lloyd W. Thompson, is charged with negligent homicide and drunk driving. The 39-year-old Winthrop man has pleaded not guilty to the criminal charges. While Thompson has admitted to consuming alcohol, he says that he didn’t have more than two or three drinks. Police did retrieve an empty wine box, wine glasses, and beer bottles from his vessel.

The Massachusetts boating accident took place close to Hull’s Spinnaker Island. 10 people were riding in the powerboat that Thompson, who is vice commodore of the Winthrop Yacht Club, was steering. He claims he didn’t notice the sailboat until the last moment and that he tried to avoid colliding with it. He also says that he did not see the channel markers prior to the crash. Police, however, say that following the collision, Thompson exhibited slurred speech and his eyes appeared glassy.

There were several passengers on the boat. A second woman who also was thrown during the Massachusetts boat crash was treated at a hospital.

Massachusetts Boating Accidents
Injuries during boating accidents can happen and a Boston injury lawyer can help you figure out whether you have reason for filing a civil case. Drunk driving, operator negligence, operator inexperience, boat malfunction, boat defects, overcrowded vessels, no flotation devices, sinking boats, falls overboard, carbon monoxide poisoning, boat crashes, and personal watercraft accidents are some of the reasons why boating accidents happen.

Man pleads not guilty to fatal boat crash, Boston.com, September 13, 2011
Woman killed in boating accident off Hull, skipper faces charges, Patriot Ledger, September 12, 2011

Related Web Resources:
Boating Accident Statistics, US Coast Guard
Boating Accidents, Justia

More Blog Posts:
Capsized Boat Leaves One Dead, Boston Injury Lawyer, November 15, 2010
US Coast Guard Reports 9 Massachusetts Recreational Boating Accidents in 2007, Boston Injury Lawyer, September 24, 2008
9-Year-Old Massachusetts Girl is Seriously Injured in Boating Accident on Indian Lake, Boston Injury Lawyer, July 23, 2007 Continue reading

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The woman who fell nearly five through stories through a building skylight on Saturday has died. According to fire officials, the South Boston fall accident happened early in the evening. One of her friends called 911 for help.

Rescuers that arrived at the scene included members of the Boston Emergency Medical Services and the Boston Fire Department. The frenzied rescue operation went on for over an hour before the victim was located.

The woman, who was in her 20’s, had fallen from the roof, which was on the seventh-story ,and through a blind shaft before landing on the third floor of the Summer Street building. Rescuers had to cut through walls to find her.

She was pronounced dead at the Boston injury accident scene. After the woman’s body was found, two of her friends were transported from the area in an ambulance.

Boston police are trying to determine both how the group got onto to the roof and how the woman fell through the shaft.

Roof Falls
If you or someone you love was injured or killed in a Boston fall accident on someone else’s property, you may have reason for filing a Massachusetts premises liability case. Property owners can be held liable if their negligence contributed to allowing a Boston injury accident to occur on their premise. For example, if people are able to get on a roof, but standing on it without supervision can prove dangerous, then should the entryways have been locked so no one could get on top of the building without permission? Or, if people are allowed onto a building’s roof, then did the property owner ensure that all proper safety measures were implemented so that the risk of someone falling off was kept minimal?

Woman dies after fall through building shaft, My Fox Boston, September 10, 2011
Woman dead after fall from roof, Boston.com, September 11, 2011

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Emerson College Student Dies in Boston Roof Fall, Boston Injury Lawyer Blog, April 19, 2011
Boston, Massachusetts Wrongful Death Lawsuit Filed Against MIT and Delta Upsilon Fraternity for Student’s Fatal Fall, Boston Injury Lawyer Blog, September 28, 2010
Massachusetts Fall Accident: Burlington Deck Collapse Injures Six, Boston Injury Lawyer Blog, September 17, 2010 Continue reading

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Is the playground where your child goes to play safe? Surprisingly, about 15 kids a year die in playground accidents, which is why it is so important that these play areas are properly maintained. It doesn’t matter whether the playground is a public area or in a school, a mall, or inside a local McDonald’s. Playground owners must make sure that equipment and rides are safe to sue and that there are no hazardous conditions that could cause serious child injuries or deaths.

If your child got hurt while playing at a playground, you may want to speak with a Boston injury lawyer to find out whether you have a case. Common playground hazards:

• Inadequate supervision • A poorly designed playground area • Blacktop, asphalt, concrete, soil, packed earth, soil, or grass surfaces

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The U.S. Consumer Product Safety Commission and nine companies are recalling another 2 million units of pourable fuel gel. This latest recall comes after numerous reports of burn injuries and two deaths related to the use of these products. If you or someone you love has sustained Massachusetts burn injuries from a pourable fuel gel or because of any other product, you may have reason for filing a Boston products liability lawsuit.

The fuel gel can burst into flames if poured into a still burning fire pot. The CPSC says some 65 incidents have been reported, including 34 victims that sustained third and second degree burns to the hands, face, arms, chest, and legs. Some have compared the fuel gel to napalm that would explode into flames and refuse to stop burning even after the victim was covered in a blanket or rolled on the ground. Manufacturers and distributors involved in this latest recall are Bond Manufacturing, Fuel Barons Inc., Luminosities Inc., Real Flame, Bird Brain Inc., Sunjel Company, Lamplight Farms Inc., Pacific Décor Ltd., and Smart Solar Inc.

It was just in June that the CPS and Napa Home & Garden recalled about 460,000 pourable fuel gel bottles-many of the injuries and the two deaths involved this brand. Not long after, Napa Home & Garden filed for bankruptcy.

Among those recently injured by pourable fuel gel:
• A 14-year-old boy whose injuries were so severe that he went into a coma.
• A 24-year-old man who is facing even more medical procedures, after already undergoing half a dozen surgeries, for burns he sustained when the fuel gel exploded on him. One of his friends was also hurt during the burn accident.

The families of two victims, and 8-year-old boy and a 3-year-old girls, have filed their respective products liability lawsuits against one of the manufacturers. Other victims have also failed their personal injury complaints.

Manufacturer Recalls Pourable Fuel Gel After Injuries in Firepot Accidents, The New York Times, June 22, 2011
Napa Home & Garden Recalls NAPAfire and FIREGEL Pourable Gel Fuel Due to Fire and Burn Hazards, CPSC, June 22, 2011

Related Web Resources:
Products Liability, Cornell University Law School
Burns, Medline

More Blog Posts:
Avoid Massachusetts Fireworks Accidents this 4th of July, Boston Injury Lawyer Blog, June 29, 2011
Prevent Thanksgiving Turkey Fryer Injuries, Boston Injury Lawyer Blog, November 24, 2010
Mother Considers Suing Massachusetts Water Park for Children’s Chemical Burn Injuries, Boston Injury Lawyer Blog, March 10, 2008 Continue reading

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The family of Catherine “Kate” Gill is trying to determine whether they have grounds for a Massachusetts wrongful death claim against the Barnstable County Sheriff’s Office. Gill died after choking on a marshmallow on September 4, 2010.

Her fiance, Brett McFarland, says he woke up in the middle of the night and found Gill on the floor choking. He called 911 for help, but claims that the call lasted 12 minutes and that the dispatcher didn’t provide him with any instructions on how to save Gill’s life. In a recording of the conversation, McFarland can be heard screaming during periods when the dispatcher was silent. Emergency workers eventually arrived at the scene but they were unable to revive Gill.

Dispatcher Sgt. Rhonda Colburn of the Barnstable County Sheriff’s Office’s handled McFarland’s emergency call. She left her job last December after the sheriff acknowledged that she failed to follow protocol during McFarland’s 911 call.

An investigation into what happened during the call and what went wrong is under way. Gill’s parents also want to know what training the dispatcher received and what procedures should have been implemented/weren’t followed on the night of their daughter’s accident.

Unfortunately, 911 dispatchers can make mistake, and in cases where an emergency is involved this can make the difference between life and death. Failure to take down the right information (such as the address where the emergency is taking place), delayed response in contacting and police, firefighters, or medical emergency workers, failure to obey protocol and procedures, operator inexperience, failure to provide instructions that may keep the incident from becoming worse, and other errors or oversights can contribute to serious Boston personal injury or wrongful deaths that could have been otherwise prevented (if only the dispatcher or others involved had done their jobs correctly).

Mashpee choking death one year ago, Cape Cod Times, September 4, 2011
Dispatcher Who Fielded Mashpee 911 Choking Call Resigns From County Sheriff Department, CapeNews.net, January 31, 2010

Related Web Resource:
Barnstable County Sheriff’s Office

More Blog Posts:
Massachusetts Medical Malpractice Lawsuit To Be Filed By Family of Worcester Man Made to Walk Down Stairs by Paramedics, Boston Injury Lawyer Blog, April 27, 2009
Boston Wrongful Death Lawsuit Filed Against American Medical Response After Ambulance Patient is Dropped on Her Head, Boston Injury Lawyer Blog, February 16, 2011
$7M Boston Medical Malpractice Verdict Awarded in Newborn’s Massachusetts Wrongful Death, Boston Injury Lawyer Blog, August 31, 2011 Continue reading

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A jury has awarded the South Hamilton family of Katherine Bellerose $7 million in Boston wrongful death damages. Bellerose, a newborn twin, passed away 8 days after being born two months premature at Beth Israel Deaconess Medical Center. Her parents, John and Danielle, claimed she died because of inadequate staffing and the negligent medicare care she received while the hospital’s neonatal intensive care unit.

Katherine and her sister Alexis were born on June 13, 2004. She soon developed necrotizing enterocolitis, which is a bowel condition that kills internal tissue.

Her family’s Boston medical malpractice lawyer contends that seeing as babies that are born premature are at greater risk for developing the bowel condition, the staff at the hospital should have been monitoring Katherine more closely for possible signs. Instead, it wasn’t until they went to visit their girls on June 20 and noticed that she was unresponsive and discolored and the monitors showed that there were problems with her oxygen levels and heart that anything was done. Even then, they say it took an hour for anyone to act on their concerns and over four hours before surgeons were contacted. Katherine died the following morning.

The jury awarded each of Katherine’s parents $3.5 million each and $50,000 was allotted for the suffering she went through prior to her death. A nurse and four doctors found not responsible for Katherine’s Massachusetts wrongful death.

Premature Birth Risks
Premature births can come with significant risks, which is why it is so important that preemies are properly monitored after delivery. Complications that can occur when a baby is born too soon:

• Respiratory distress • Developmental disabilities • Cerebral palsy • Increased risk of diabetes • Increased risk of heart disease • Brain bleed • Brain injury
Medical errors that occur before, during, and after delivery can cause serious injury or health complications to any baby, which is why all necessary precautions must be taken to prevent these. When medical mistakes or failure to provide adequate care causes injuries, the baby’s family may be able to pursue Boston medical malpractice compensation.

Jury finds Beth Israel at fault in baby death, Boston Herald, September 1, 2011
Parents awarded $7 million in death of newborn, Boston.com, August 31, 2011
Related Web Resources:
Care for Premature Babies, American Pregnancy.org
Premature Birth Complications, Mayo Clinic

More Blog Posts:
$7M Massachusetts Medical Malpractice Settlement Awarded to Parents Whose Child Was Born with a Genetic Defect, Boston Injury Lawyer Blog, May 6, 2011
Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients, Boston Injury Lawyer Blog, February 17, 2011
Boston Medical Malpractice?: Three Wrong-Site Surgeries Performed at Beth Israel, Boston Injury Lawyer Blog, January 11, 2011 Continue reading

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Last month, our Boston injury lawyers posted a blog notifying our readers that the Food and Drug Administration had put out a public notice warning that mesh products can cause serious injuries to women when surgically implanted in their vaginas. This medical device is used in procedures for treating Stress Urinary Incontinence (SUI) and Pelvic Organ Prolapse (POP). While the FDA had put out an advisory in 2008 warning that complications could arise, now the federal agency is saying that serious side effects from transvaginal mesh procedures actually aren’t rare. In fact, the federal agency is questioning whether these medical devices are actually safe. Last week, consumer advocacy group Public Citizen called on the FDA to recall all transvaginal mesh products.

So far, no recall has been issued. However, the FDA is now considering reclassifying mesh products used for treating pelvic prolapse to the category of Class III medical devices, which means that their manufacturers would not be able to fast track them through the 510(k) premarket approval program. Instead, transvaginal mesh products would have to undergo tougher testing first. Companies that make transvaginal mesh products include American Medical Systems, Sofradim, Boston Scientific, Mentor, Caldera, Johnson & Johnson, CR Bard, Inc., Gynecare, and Ethicon.

In addition to concern over complications from pelvic prolapse, including organ perforations, problems with sexual intercourse, bleeding, pain, recurring incidents of POP, and post-surgery complications, the FDA is now saying it is not sure that undergoing a transvaginal mesh procedure to repair POP offers added benefits than more traditional procedures to repair POP. Also, in the event that a patient suffers complications requiring that the mesh product be removed, this may require multiple surgeries and the process can be extremely painful and debilitating.

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Earlier this month, the Massachusetts Supreme Judicial Court unanimously decided that a state law banning Level 3 sex offenders from living in nursing homes is unconstitutional. The state’s highest court said that the rights of “John Doe,” an offender, were violated with Boston police invoked the law last year and ordered him to leave the assisted living facility where he resided. John Doe, who was convicted of assaulting two kids nearly two decades ago, suffers from seizures and Aspberger’s syndrome. The justices say that to enforce the law would cause the plaintiff to become homeless.

While technically the court’s ruling is only applicable to the John Doe in this case, advocates for elderly sex offenders that need nursing care are hoping that administrators might be persuaded to admit Level 3 offenders into their assisted living facilities. Attorney General Martha Coakley, however, doesn’t think the ruling will have a wide impact. She noted that the current law is important for protecting other nursing home residents and their visitors.

Massachusetts Nursing Home Sexual Abuse
Unfortunately, sexual assault and abuse are dangers that have been known to occur to assisted living facility patients. In some incidents, the assailant is an assisted living facility worker committing Boston nursing home abuse or someone visiting the nursing home. Patients have also been known to sexually assault, rape, molest, or sexually harass other residents-especially ones who may be too weak, sick, frail, scared and/or mentally ill to fight back or report what happened.

It is the responsibility of Massachusetts assisted living facilities to protect patients from becoming the victim of Boston nursing home neglect, abuse, or other crimes. This may mean keeping anyone with a history of physical or sexual violence away from the rest of the nursing population and closely supervising him/her. This may even mean keeping a registered sexual offender out of the facility.

Mass. high court says ban on sex offenders living in nursing homes is unconstitutional, Boston.com, August 5, 2011
High Court Overturns Ban On Sex Offenders In Care Facilities, WBUR, August 5,2 011
Elder Abuse in Nursing Homes, Nolo
Elder Affairs, Mass.gov
Nursing Homes, Mass.gov

More Blog Posts:
Boston Nursing Home Negligence Can Lead to Wandering and Elopement, Boston Injury Lawyer Blog, August 26, 2011
Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer Blog, April 28, 2011
Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home, Boston Injury Lawyer Blog, April 21, 2011 Continue reading

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According to some experts, the constant use of mobile devices may soon end up classified as an addiction similar to alcoholism or drug addiction. This is bad news, considering that most people won’t go anywhere without their cell phones, and dangerous when you think about how many accidents occur every year because people can’t stop talking on their phones or texting while driving.

Our Boston injury lawyers want to reemphasize that talking or texting on a cell phone while driving can cause Massachusetts car crashes. If you or someone you love was involved in a cell phone driving collision that resulted in serious injuries, do not hesitate to contact us right away to request your free case evaluation.

In the Gettysburg Times, psychologist David Greenfield says that continual and frequent use of PCs, laptops, and phones actually triggers a chemical response in the body similar to the one activated by gambling. This type of reaction can make it hard for the person to stop. Also referenced in the same media outlet is psychologist Michael Breus, who is also a sleep specialist. Breus says that some people get so worried that they might miss out on a call or a message that they have to sleep next to their phones.

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Assisted living facilities in Massachusetts are supposed to make sure that their residents that need supervision are not allowed to wander off unattended. Failure to do so can be grounds for a Boston nursing home neglect lawsuit because, unfortunately, wandering, also known as elopement, can cause serious injuries and even deaths.

Many nursing home residents suffer from dementia, Alzheimer’s or some other type of illness that can make them a danger to themselves should they wander on or off the nursing home grounds on their own. A patient who wanders may not know how to get back and he/she may become disoriented or confused. If the assisted living facility resident elopes at night, it could be hours before anyone even knows that he/she is gone. By then, the patient may have been involved in a Massachusetts fall accident and suffered serious head, back, or hip injuries, developed hypothermia, gotten hurt in a pedestrian accident, drowned in someone’s pool or another body of water, or become the victim of a violent crime, such as murder or rape.

There is no reason why a patient should be able to wander out of a nursing home without workers’ noticing. Wandering/elopement is preventable. Steps that assisted living facilities can take to prevent patient wandering:

• Hire enough staff members • Closely monitoring of patients who are known risks for wandering because of their health issues • Install and activate bells and alarms on doors • Lock doors or windows that patients can exit through • Install working surveillance cameras on the property • Hire security guards • Properly train staff on wandering prevention
Contact our Boston nursing home abuse and neglect law firm to request your free case evaluation.

Boston nursing home rankings

Nursing home compare, Medicare.gov
Dangerous wandering: elopements of older adults with dementia from long-term care facilities, PubMed.gov

More Blog Posts:
Winter Weather Combined with Boston Nursing Home Neglect Can Cause Some Patients to Get Very Sick, Boston Injury Lawyer Blog, January 22, 2011
Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?, Boston Injury Lawyer Blog, April 28, 2011
Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, March 31, 2011 Continue reading

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