Boston Injury Lawyer Blog

June 29, 2011

Avoid Massachusetts Fireworks Accidents this 4th of July

With Independence Day just a few days away, our Boston injury lawyers would like to remind you to be careful if you happen to find yourself around or near fireworks. These manufactured explosives can be very dangerous and may cause serious injuries.

The US Consumer Products Safety Commission reports that thousands of people are injured in fireworks accidents each year. That said, it is illegal for anyone but licensed professionals to use fireworks in Massachusetts. If you are at someone’s home or at a private exhibit and you are injured in a Massachusetts fireworks accident, do not hesitate to contact our Boston personal injury law firm immediately.

Contrary to popular belief, even smaller fireworks, such as sparklers can cause injuries. Serious fireworks-related injuries may include:

June 28, 2011

Whistleblowers Expose Medicare Fraud in the Hospice Industry

by Altman & Altman

According to The New York Times, there is growing concern that Medicare fraud is being committed in the hospice care industry. Currently, Medicare pays hospice providers a flat rate of $147 to $856 a day, depending on the services rendered and the type of care provided. However, some whistleblowers have stepped forward to report that there are companies that may be taking advantage of the system and providing hospice care to patients that don’t need it.

Considered a palliative care alternative that can be rendered to patients in their homes or at a nursing home or private facility during their last days, hospice care is considered less costly than continuing to provide medical services that will not help a dying patient recover. 1.1 million Medicare clients a year receive hospice care.

However, according to the Medicare Payment Advisory Commission (an independent Congressional oversight panel) 19% of hospice patients are now get this care for longer than six months, even though to qualify one is supposed to have no more than a remaining life expectancy of just that long. Medicare’s hospice bill was over $12 billion in 2009 alone, and MedAc is concerned that the flat rate payment fee is incentive for some providers to choose to service patients who are expected to live longer than six months while they continue to get paid.

June 25, 2011

Kingston, Massachusetts School Psychologist Placed on Leave Over Clergy Sex Abuse Allegations

by Altman & Altman

Officials at Silver Lake Regional High School have placed school psychologist Robert F. Daly on leave after they recently found at that he had been a defendant in a Massachusetts sexual abuse lawsuit. The complaint accused Daly of molesting children in the 1970’s and 1980’s while he was a priest.

Daily, who was ordained in the 1860’s, last worked as a priest in 1984. It was in 2005 that he and 16 other priests, three archdiocese lay employees, and high-ranking church officials were sued by 25 people who claimed they were the victims of Massachusetts sexual abuse. The case was settled in arbitration.

Silver Lake Regional High School wasn’t aware of the sex abuse lawsuit until earlier this month, when it was announced that Daly had asked to be defrocked. Since he was hired by the school district in 2001, there have been no complaints about him. As a school psychologist, Daly’s job involves trying to determine whether students need special education support and developing plans for those that do.

Massachusetts Sexual Abuse
Sexual abuse is a serious crime and one that causes injuries that can leave a person emotionally incapacitated for life. If your child was molested by a friend, teacher, doctor, priest, camp counselor, relative, or anyone else, you may be able to file a Boston sex abuse case to sue the perpetrator for damages.

In Massachusetts, actions over the sexual abuse of minors can be brought within three years of the acts allegedly occurring or within three years of when the victim found out or reasonably should have discovered that an psychological or emotional injury or condition was a result of sexual assault and battery. The time limit for beginning an action is tolled for a child until he or she turns 18.

Silver Lake school psychologist placed on leave over abuse allegations, MetroWest Daily News, June 18, 2011
Sexual abuse of minors, Massachusetts General Laws

Related Web Resources:
Bishop Accountability

Child Sexual Abuse, AmericanHumane.org

More Blog Posts:
Former Campers Step Forward Claiming They Were Victims of Massachusetts Child Sexual Abuse at Camp Good News in Sandwich, Boston Injury Lawyers, April 13, 2011
Clergy Sexual Abuse Lawsuit: Victim Sues the Pope, Boston Injury Lawyers, September 4, 2010
Massachusetts Clergy Sexual Abuse: Defrocked Priest Paul Shanley Challenges Conviction for Indecent Assault & Battery and Child Rape, Boston Injury Lawyers, September 9, 2009 Continue reading

June 23, 2011

$2.6M Worcester, Massachusetts Medical Malpractice Verdict Awarded to Man Who Ended Up with Surgical Tack Inside His Small Bowel

by Altman & Altman

A jury has awarded a $2.6 million Worcester medical malpractice verdict to Jorge Rosado. Rosado underwent eight operations over a five-month period after a surgical tack ended up in his small bowel. The Massachusetts medical mistake occurred in connection with a laparoscopic hernia surgery on July 24, 2004 when Rosado was just 21.

Because of his injury, Rosado, who was a mechanic, ended up in the ICU and had to use a breathing tube. He also had to undergo an ileostomy and live with an open abdominal wound for over a month. Other complications as a result of the Worcester, Massachusetts surgical mistake, included severe stomach scarring, another bowel obstruction, a dangerous infection, and other life-threatening complications. Rosado is also reportedly at risk of more bowel obstructions from adhesions in the future. He had to miss work for several months.

The titanium surgical tack, which is used to seal off surgical wounds, was supposed to stay in the lining of his stomach. The defense noted that it is a known risk for the tack to come loose over time and that during a post-operative visit about 10 days after the original surgery, it was not in Rosado’s bowel yet. However, one medical expert said that the doctor who conducted the post-operative checkup should have checked to see where the tacks were embedded while making sure that none were located in the small bowel wall or near there. He also said that if the tack had been correctly sutured to the lining, it wouldn’t have been able to end up in the small bowel wall.

Having a foreign object in your body can be very dangerous-especially when its location impacts an important organ. Medical professionals need to make sure that they don’t leave any surgical tools inside patients when performing a procedure. They also need to ensure that anything purposely inserted inside a patient is done so correctly so that no health complications can result.

Some other examples of medical malpractice:
• Dental Malpractice • Anesthesia errors • Nursing negligence • Failure to obtain informed consent • Failure to provide a certain level of care • Poor post-operative care • Failure to monitor a patient’s vitals • Medication mistakes
$2.6M awarded in malpractice case, Telegram.com, June 16, 2011

Related Web Resources:
Medical Malpractice, Nolo
Medpage Today

More Blog Posts:
Boston Medical Malpractice?: Three Wrong-Site Surgeries Performed at Beth Israel, Boston Injury Lawyer Blog, January 11, 2011
Couple Settle Boston Medical Malpractice Case Over Kidney Transplant for $1.25 Million, Boston Injury Lawyer Blog, August 27, 2010
Massachusetts Hospitals Racked Up Over 300 Medical Mistakes, Including Fall Accidents, Medication Errors, and Surgical Malpractice In 2008, Boston Injury Lawyer Blog, April 9, 2009 Continue reading

June 21, 2011

Wrongful Death: Family of 9/11 Victim Claims Security Screeners at Logan International Airport Did Poor Job

by Altman & Altman

A hearing over the wrongful death lawsuit filed by the family of United Airlines Flight 175 passenger Mark Bavis is scheduled for this week in federal court. The Bavis family’s complaint is the last unresolved wrongful death case over the 911 terrorist attacks.

Bavis was one of the passengers aboard the United flight when terrorists flew the plane into one of the World Trade Center towers on September 11, 2001. According to court documents that have just been released and were obtained by the Boston Herald, Bavis’ loved ones are claiming that the security screeners at the Boston international airport didn’t even know how to identify Mace and that some of them had such a hard time speaking English that they couldn’t do a proper job of screening passengers.

The plaintiffs want to know how 10 terrorists were able to get through Logan to hijack United 175 and American Airlines Flight 11 . Also, they are claiming that the general manager for the security company that was manning the gate was not aware that a federal alert had been put out warning that Osama bin Laden and his terrorist network were targeting US passenger jets.

The majority of the nearly 3,000 people who were killed during the 9/11 terrorist attacks have either settled out of court through a congressional fund established for loved ones that has paid over $7 billion or with the resolution of their wrongful death complaints, which have resulted in about $500 million in settlement compensation.

The Bavis family have refused to settle their wrongful death case outside of court. They want to prove that United and other defendants were grossly negligent in letting the hijackers get on the plane. Boeing and the security company that ran the checkpoint at Logan International Airport on September 11, 2001 are two of the other defendants.

Massachusetts Premises Liability
If inadequate security or other acts of negligence caused you or a loved one to get hurt at an airport, you may have reason to file a Boston premises liability case. If you believe that someone working for or affiliated with the airport could have prevented an accident that took place in the air from happening, you may have grounds for a Boston injury case.

Suit: 9/11 Logan screeners ‘unaware’, Boston Herald, June 21, 2011
Among 9/11 Families, a Last Holdout Remains, New York Times, September 10, 2010
September 11 Victim’s Family Files Wrongful Death Suit, WCVB TV Boston, June 21, 2011

More Blog Posts:
Union Doesn’t Want Two Inspectors Linked to Auburn Escalator Accident Death Fired, Boston Injury Lawyer Blog, June 13, 2011
Salem Premises Liability: 93-Year-Od-Woman Seeks Damages for Burn Injuries from Scalding Bathwater, Boston Injury Lawyer, May 25, 2011 Continue reading

June 17, 2011

Steering Problems Prompt Chrysler To Recall 11 Motor Vehicles

by Altman & Altman

Chrysler Group LLC says it is recalling 11,351 motor vehicles because of a manufacturing issue that could result in a vehicle’s steering to fail. The automaker says it doesn’t know of any injuries or crashes that have occurred as a result of the problem. However, 11 of the 20 Chrysler models for sale this year have been impacted by the recall.

According to the National Highway Traffic Safety Administration, an improperly installed or missing rivet could cause loss of steering, which may increase the chance of a traffic crash happening. If this were to occur and serious injury were to result, the victims and his/her family should speak with an experienced Boston injury lawyer.

The recalled vehicles are all 2011 models and include Chrysler’s Dodge Avenger, Chrysler 200, Town and Country, Dodge Caravan, Dodge Caliber, Dodge Nitro, Dodge Journey, Jeep Compass, Patriot, Liberty, and Wrangler. Auto dealers now must check that the rivet has not gone missing and is correctly installed.

June 15, 2011

Study Reports that Epilepsy Drugs May Up Pregnancy Risks

by Altman & Altman

According to a study published in BJOG: An International Journal of Obstetrics & Gynaecology, women taking drugs to treat their epilepsy are at greater risk of suffering form pregnancy complications than women who are not taking anti-seizure medications. The researchers, who are from the University of Bergen, also say that women taking this type of medication are at higher risk of developing pre-eclampsia (this can prove deadly to both mother and child), postpartum hemorrhage, vaginal building, and birth complications requiring cesarean or vaginal operative delivery.

The study examined over 400 woman who had babies in Bergen between 1999 and 2006. Half the women in the study had epilepsy. While 8% of the women taking antiseizure medications had pre-eclampsia while they were pregnant, only 3% of those who hadn’t taken the drug suffered from the same condition. Also, researchers say that women taking antiseizure meds were twice as likely to have to undergo emergency C-section and induced labor and 6 ½ times more likely to deliver a baby with birth defects. Our Boston injury lawyers would like to remind you that if you or someone you love was injured or suffered health complications or developed birth defects from taking any type of medication, you may have grounds for a Massachusetts products liability lawsuit.

It was just in 2006 that the Food and Drug Administration added a “black box” warning notifying user that Depakote, which is used to treat epilepsy, upped the likelihood of birth defects. A study showed that 20% of moms who had been taking the drugs while pregnant had babies with birth defects or malformations, such as cleft palate, spina bifida, malformed limbs, abnormal skull development, urinary tract problems, and holes in the heart. Similar side effects have been linked to the epilepsy drugs Tegretol, Epitol, and Equetrol. Earlier this year, the FDA added new warnings about the epilepsy drug Topamax to let people know that the medication increased the chances that infants exposed to it during the first trimester of pregnancy might be born with oral clefts.

BJOG: An International Journal of Obstetrics & Gynaecology

More Blog Posts:
Massachusetts Dangerous Drug?: FDA Pulls Avandia Because of Cardiovascular Risks, Boston Injury Lawyer Blog, May 23, 2011
Boston Personal Injury?: Use of Psychotropic Drugs Can Prove Fatal for Some Elderly Patients, Boston Injury Lawyer Blog, March 30, 2011
Massachusetts Dangerous Drug?: Women Affected by Yaz Birth Control May Have Grounds for Lawsuit, Boston Injury Lawyer Blog, March 26, 2011 Continue reading

June 13, 2011

Union Doesn’t Want Two Inspectors Linked to Auburn Escalator Accident Death Fired

by Altman & Altman

According to Boston.com, Service Employees International Union is questioning the decision to terminate the employment of the two inspectors accused of not properly checking the escalator that 4-year-old Mark DiBona plunged to his death from at the Auburn Mall last March. In a recent blog post, our Boston injury lawyers reported on the fact that DiBona’s parents have filed a Massachusetts wrongful death lawsuit against Sears Roebuck and Co. and several other parties.

The Dudley boy fell through a 6-inch gap on the escalator even though Massachusetts building codes don’t allow for openings larger than 4-inches. The two inspectors who had inspected the escalator prior to that were suspended after Public Safety Commissioner Thomas Gatzunis found that they failed to mandate that escalator owners make sure that there are safety barriers over any wide gaps found next to the sides of different public escalators. Steps have since been taken to have them fired.

However, a legal representative for Service Employees International Union is arguing that inspectors have never cited escalator owners before for violating this portion of the code and that many inspectors were not even aware that the state doesn’t allow such wide gaps next to the escalators. He said that this lack of training of escalator inspectors is an institutional problem, which is an implication that the adequate information possessed by inspectors is not necessarily their fault.

June 10, 2011

Worcester County Wrongful Death Lawsuit Filed By Family of Dudley Boy Killed in Massachusetts Escalator Accident

by Altman & Altman

In March, our Boston injury lawyers published a blog post on the tragic Worcester County escalator accident at the Auburn Mall that claimed the life of 4-year-old Mark DiBona. Now, his family has filed an Auburn, Massachusetts wrongful death lawsuit against Sears Roebuck and Co., the Simon Property Group, the Mall at Auburn LL, Schindler Elevator Corp., Botany Bay Construction Co., and Mayflower Auburn LP. seeking unspecified damages for gross negligence and negligence.

The little boy died after he fell two stories through a 6-inch space of an escalator located in the Sears store at the Auburn Mall. The gap was bigger than the 4-inch maximum allowed under state building codes.

Following the Massachusetts escalator accident, the two inspectors who certified the escalator as being in compliance with the safety code were suspended. The state has also started taking steps to get them terminated from their jobs.

June 9, 2011

Boston Products Liability: Defective Zimmer NexGen CR-Flex Knee Replacement Devices Can Cause Painful Injuries

by Altman & Altman

Our Boston injury lawyers represent clients in Massachusetts injured because they were implanted with defective medical devices. If you believe that you or someone you loved was injured because of a defective NexGen CR-Flex Zimmer-brand knee implant, do not hesitate to contact us right away.

The Zimmer knee replacement device is a Femoral implant. Unlike other traditional implants, cement is not used to attach this synthetic device to the femur.

It was just last year at an American Academy of Orthopedic Surgeons conference that doctors offered data that the Zimmer knee implants may have a failure rate that is too high for a knee replacement device. The study conducted found that out of 108 knee replacement surgeries involving a Zimmer NexGen CR-Flex knee replacement device, nine of the patients needed correction surgery. Also, 39 of the patients experienced radiographic-loosening knee implants. The doctors involved in the research believe that the reason this happened was because the Zimmer knee implants may have design defects.

Signs that your Zimmer NexGen CR-Flex Knee Replacement may have become loose:
• Unexplained knee stiffness following your surgery for knee replacement • Knee pain • Swelling • Problems walking • Limited range of motion in the knee joint • Limping • Difficulties placing weight on the knee
Patients with a defective NexGen CR-Flex Zimmer-brand knee implant may have to undergo knee replacement revision surgery. This can be a painful and costly procedure and will require recovery time.

Related Web Resources:
Zimmer NexGen CR-Flex Knee Replacement, Zimmer
Arthritis: Knee Replacement Surgery, WebMD

More Blog Posts:
Boston Products Liability Lawsuits Filed Over DePuy ASR Hip Devices, Boston Injury Lawyer Blog, January 4, 2011
Defective Medical Device?: DePuy Hip Replacement Recall Leads to Products Liability Lawsuits, Boston Injury Lawyer Blog, September 29, 2010
Restoring to Injured Patients the Right to Sue Medical Device Makers, Boston Injury Lawyer Blog, February 26, 2009 Continue reading