Boston Injury Lawyer Blog

May 9, 2011

Boston Hospital Gives Full Face Transplant to Man Burned in Construction Accident

Two-and-a-half years after suffering severe electrical burns during a construction accident, Dallas Wiens has received a complete face transplant. Over 30 doctors, anesthesiologists, and nurses at Brigham and Woman’s Hospital in Boston conducted the procedure to give the 25-year-old construction worker a new face.

After the boom lift he was working struck a power line, Wiens fell into a coma for nearly three months Doctors thought he would never talk or walk again and that he would be paralyzed from the neck down. They also didn’t think he would be able to eat regular food. Wiens, who underwent 22 surgeries, lost all of his facial features, except for a lipless mouth. He is now blind.

Wiens’s transplant included the donor’s entire face and is the most complete facial transplant conducted in this country to date. He also can now smell, feel, and breathe on his own.

May 6, 2011

$7M Massachusetts Medical Malpractice Settlement Awarded to Parents Whose Child Was Born with a Genetic Defect

by Altman & Altman

A judge has approved a $7M Worcester, Massachusetts medical malpractice settlement for Ran Zhuang and Ziru Guo. The couple had sued two doctors, a genetic counselor, and a nurse practitioner after their daughter was born with cri-du-chat on November 11, 2007 at UMass Memorial Medical Center – Memorial Campus.

Annie, now 3, has severe mental and physical disabilities. Their parents contend that if her chromosomal abnormality had been detected through an amniocentesis early enough, they would have been able to decide whether to terminate pregnancy. Guo and Zuang claim that that they were not provided with proper prenatal genetic counseling.

Named as defendants in the Massachusetts obstetrician malpractice lawsuit are Dr. Mary M. Herlihy, geneticist Dr. Beverly Hay, nurse practitioner Patricia Yranski, and genetic counselor Lisa Blazejewski. They are denying any negligence. They claim that Zhuang was offered an amniocentesis but that she declined to undergo the procedure. Zhuang and Guo, however, say that no one told her the diagnostic procedure was available.

Cri-du-chat
Also known as cat’s cry syndrome and 5p- syndrome, cri-du-chat is a condition where chromosome 5 is missing. Baby’s who have cri-du-chat often have a cry that sounds like a cat’s. Characteristics of the disorder include microcephaly (small head size), weak muscle tone, intellectual disability, delayed development, widely set eyes, low-set ears, a rounded face, and a small jaw. Some children suffering from cri-du-chat may also have a heart defect.

It is important that you receive the proper medical care during pregnancy, delivery, and after your baby’s birth. Unfortunately, obstetrical malpractice can cause serious injuries to you or your child.

Couple reaches $7M settlement in medical malpractice lawsuit, Worcester Telegram & Gazette, May 5, 2011
Judge approves $7M settlement for Shrewsbury couple, Boston Herald/AP, May 5, 2011

Related Web Resources:
Cri-du-chat syndrome, NIH.gov
Amniocentesis, Baby Center

More Blog Posts:
Mother’s Massachusetts Medical Malpractice Lawsuit Accuses Springfield Hospital of Sterilizing Her Without Consent, Boston Injury Lawyer Blog, January 4, 2010
$15 Million Boston Medical Malpractice Award: Jury Holds Doctors Accountable for Massachusetts Wrongful Death of 3-Year-Old Treated for Birth Defect Five years after 3-year-old, Boston Injury Lawyer Blog, December 21, 2009
Massachusetts Man Awarded $2 Million for Wrongful Death of Wife Due to Medication Error During Cesarean Delivery, Boston Injury Lawyer Blog, January 23, 2009 Continue reading

May 4, 2011

Haverhill Dog Attack: Grandmother and Her Friend are Injured as Two German Shepherds Try to Charge at 1-Year-Old in Stroller

by Altman & Altman

Two woman sustained leg and arm injuries in a Haverhill, Massachusetts dog attack involving two German Shepherds last month. Laurie Adams, a 49-year-old Haverhill woman, and her friend got hurt on April 15 as they protected Adams’ granddaughter Avery from the animals.

Adams says the animals bit them and then ran off before returning to attack them again. She called 911 for help, and fire, police, and animal control crews came to their rescue.

The owner of the German Shepherds was out of town at the time and a friend was taking care of the animals. They were running free in a yard when they saw Adams, her granddaughter, and friend and ran across the street toward them.

April 30, 2011

Lynn, Massachusetts Personal Injury Lawsuit Filed in Case of Teenager Hurt When Homemade Bomb Explodes

by Altman & Altman

The father of a teenager who was injured three years ago when the homemade bomb he made exploded is suing the store that sold explosive caps to his son boy for Massachusetts personal injury. The defendants in the case are Dee’s Corner LLC, which owns Dee’s Corner Convenience Store in Lynn, and Panaria International, which imports and distributes the “Mighty Popper” product.

Joel Surette was 13 when he bought the explosive caps. He lost the tips of two of his fingers on May 1, 2008 after the device he’d made, using about 100 of the caps, duct tape, and cardboard, went off.

In his Lynn, Massachusetts injuries to a child complaint, Joel’s father, Bernard Surrette, says that store workers told his son that the caps had three times more “explosive material” than other caps, which is why his son chose to buy this particular cap, and that the product (like all fireworks-unless handled by a professional) is illegal in Massachusetts. The elder Surrette’s complaint contends that the store did not exercise reasonable care when it made the Class C fireworks available and should have known that his son might use the fireworks in a manner that could cause him serious harm or injury. He also says that Joel also bought other fireworks that were openly displayed at the store.

Fireworks Can Cause Injuries
The Centers for Disease Control and Prevention says that in the US in 2008, there were approximately 7,000 emergency room visits because of fireworks-related injuries and seven deaths. Children, teens, and males are those most likely to sustain firework injuries. The hands, fingers, legs, and eyes are the body parts most likely to sustain injuries in a fireworks accident. Burns are also common.

If a dangerous product causes injury to you or a loved one-and the product doesn’t warn of the possible risks-or the distributor shouldn’t have been offering the product for sale to consumers-you may have grounds for filing a Massachusetts products liability lawsuit.

Father of Swampscott teen hurt in fireworks blast sues store, ItemLive, April 30, 2011
Suit filed over fireworks sale to boy, 13, Eagle Tribune, April 30, 2011
Fireworks-Related Injuries, CDC

Related Web Resources:
The National Council of Fireworks Safety

More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 16, 2011
Boston Wrongful Death Lawsuit Filed in Toddler’s Fatal North Attleboro Crib Accident, Boston Injury Lawyer Blog, January 12, 2011
Alcohol-Infused Whipped Cream: The New FourLoko?, Boston Injury Lawyer Blog, December 13, 2010 Continue reading

April 29, 2011

2009 MBTA Green Line Trolley Accident: Family of Injured Salem Woman Files Boston Injury Lawsuit

by Altman & Altman

The family of Samantha Mattei is suing MBTA and trolley operated Aiden Quinn for Boston personal injury. Mattei is one of 68 people who were injured in the 2009 MBTA green line trolley accident caused by Quinn, who was text messaging.

Mattei, who was a freshman at Merrimack College at the time, broke her back and sustained a serious concussion, facial lacerations, nerve damage, and other injuries when she was thrown from her seat and into a pole. According to the 21-year-old’s family, she also continues to suffer from nausea, vertigo, headaches, memory loss, and speech impediments.

Mattei also now walks with a cane, needs help getting around campus, cannot drive, and may lose her scholarships because she has a hard time concentrating and her grades have suffered. Also since the Boston train accident, Mattei has fallen seven times and had to go to the hospital emergency room. Her family’s MBTA accident lawsuit is seeking compensation for Mattei’s pain and suffering, lost wages, and medical expenses.

Prosecutors say Quinn, who pleaded guilty to negligent operation of the trolley, passed through a red light and two red lights before striking another trolley. Mattei’s family say that MBTA should have properly evaluated Quinn’s driving record (he had prior speeding tickets), and failed to stop drivers from talking on a cell phone while operating trains even though they knew that distracted driving can cause train accidents. Several other victims from the green line trolley crash have filed Boston injury lawsuits.

The National Transportation Safety Board released its report about the trolley accident this week. In addition to confirming that Quinn ran a red light because he was texting, NTSB said that that there should have been a system in place to stop the trains automatically if they came too close to hitting each other.

NTSB confirms texting led to ’09 trolley crash, Metro, April 28, 2011
Crash victim’s family files lawsuit against T, Boston, April 30, 2011
Victim from texting crash sues T, Boston Herald, April 30, 2011

Related Web Resources:
Massachusetts Bay Transportation Authority

National Transportation Safety Board

More Blog Posts:
MBTA Releases Documents Relating to 2009 Accident on Green Line, Boston Car Accident Lawyer, November 12, 2010
Boston Green Line Train Crash that Injured Dozens is A Reminder of Why Text Messaging And Driving Don’t Mix, Boston Injury Lawyer Blog, May 12, 2009 Continue reading

April 28, 2011

Preventing Massachusetts Nursing Home Abuse and Neglect: Are Assisted Living Facilities Doing Enough When Screening Employees Before Hiring Them?

by Altman & Altman

According to The Berkshire Eagle, over the last 2 ½ years, three workers at two Pittsfield nursing homes have been convicted of crimes involving Massachusetts nursing home abuse. One worker was convicted of rape and two others for assault. Two of the people who were convicted already had prior criminal records when they were hired at the Massachusetts assisted living facilities.

Considering that, per a recent report by the U.S. Department of Health and Human Services’ Office of the Inspector General, over 90% of nursing homes in the US employ at least one worker with a criminal history, the two workers’ past records aren’t surprising. It doesn’t help that in Massachusetts, assisted living facilities are only required to check for criminal records within the commonwealth. This means that a person convicted of a crime in another jurisdiction could still get hired in the state.

Apparently, in the Pittsfield cases, the nursing homes’ administrators did background checks but the workers’ criminal histories were not discovered. For example, Jerald H. Sullivan, a former employee at Hillcrest Commons Nursing & Rehabilitation Center, had a criminal record in Vermont when the Pittsfield assisted living facility hired him as a certified nursing assistant in 2009. The 54-year-old CNA is accused of raping an elderly female patient in her room. Sandra A. Yankley, a former Springside of Pittsfield nursing home worker, was convicted last year of assaulting an elderly nursing home patient. Yankley too already had a criminal record when she was arrested.

It is important that assisted living facilities and the companies that own them make sure that they don’t hire anyone who is at risk of committing Boston nursing home abuse or neglect. Elderly and sick patients are easy targets for abusers, violent persons, and sexual predators. Massachusetts nursing homes must do everything they can to protect their residents.

Our Boston injury lawyers are here to make sure that negligent assisted living facilities are held liable when their negligence allows/causes a resident to get hurt, neglected, sick, or die.

Assaults cast pall on nursing homes, The Berkshire Eagle, April 24, 2011
Study Finds Criminal Pasts of Nursing Home Workers, The New York Times, March 2, 2011

Related Web Resources:
Read the Report by the Office of Inspector General

Massachusetts Department of Public Health

More Blog Posts:
Threat of a Massachusetts Nursing Home Neglect and Abuse Lawsuit May Not Be Enough to Improve Facility Care, Boston Injury Lawyer Blog, May 31, 2011
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011
Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can’t Testify, Says Judge, Boston Injury Lawyer Blog, November 10, 2011 Continue reading

April 26, 2011

Massachusetts Premises Liability?: Most Shopping Mall Escalators Are Not Inspected Annually

by Altman & Altman

A little over one month after the death of a 4-year-old Dudley Boy who fell in an Auburn Massachusetts escalator accident, the Boston Globe says that state Public Safety Department records of inspection show that only 44 out of 188 shopping mall escalators in Massachusetts were inspected annually over the last three years-that’s 144 escalators that haven’t been inspected each year even though state law requires it. Also, according to the records, from 2008 to 2010 some of the elevators weren’t checked by inspectors for two consecutive years.

The Globe says that when the mall escalators were checked, more than half the time they needed repairs. Mall escalators had to be temporarily shut down because of safety concerns. Industry specialists say that mall escalators should be checked yearly because they sustain a lot of wear and tear from being used by so many people. Following DiBona’s death, two inspectors were suspended for failing to block off a gap at the top of the escalator that was too wide.

Some causes of escalator accidents:

• Stopping abruptly • Starting abruptly • Wet or slippery surfaces • Fingers, toes, or clothing getting caught on the escalator’s metal teeth • Inadequate inspection
• Faulty repairs • An emergency stop button that doesn’t work

There may be more than one party who should be held liable for your Boston personal injuries from an escalator accident. An experienced Boston injury lawyer can help you figure out whether you have grounds for a case claiming Massachusetts products liability, premises liability, or personal injury.

Most mall escalators lack full state inspections, Boston.com, April 25, 2011
Family Of Boy Who Died On Escalator Issues Statement, CBS Boston, March 15, 2011

More Blog Posts:
4-Year-Old Dudley Boy Dies in Auburn, Massachusetts Escalator Fall Accident, Boston Injury Lawyer Blog, March 13, 2011
Family of Woman Who Died in MBTA Escalator Accident Files Suit, Boston Car Accident Lawyer Blog, November 3, 2009
Worcester Jury Awards Massachusetts Teen $2.85 For Escalator Accident that Mangled His Hand, Boston Injury Lawyer Blog, December 27, 2007 Continue reading

April 23, 2011

Wrongful Death: Parents of Easton, Massachusetts Man Fatally Shot by NY Police Officer File Lawsuit

by Altman & Altman

In a tragic police shooting that’s made national headlines, Danroy Sr. and Angella Henry are suing New York police officer Aaron Hess and the village of Pleasantville where he works for their son’s wrongful death. Hess shot and killed Danroy DJ” Henry last October outside a bar at a shopping center in New York last year.

The Henry family is from Easton, Massachusetts. If you’ll recall, our Boston injury lawyers reported on this case earlier this year. At the time, Henry’s parents had filed a wrongful death claim saying that they intended to file a $120 million lawsuit. They said their son was murdered.

The shooting happened October 17, 2010 when a police officer encountered unruly patrons outside Finnegan’s Grill. He called for backup and about 50 cops arrived at the scene.

According to police, an auto driven by Henry accelerated and struck a cop with its mirror. The officer, who ended up on the hood of the vehicle, then shot at the driver. When the vehicle kept moving, another cop shot at the car.

Some witnesses, however-including those who were riding in Henry’s car at the time-say that the reason he was driving away was because one of the police officers ordered him to leave the fire lane. They say that the officer on the hood started shooting at Henry before he could slow down the car.

Earlier this year, a grand jury refused to indict Hess in Henry’s death. Hess recently was given an award by the Pleasantville Police Benevolent Association over his handling of what the union described as “this ordeal.”‘

Danroy Henry Sr. told CNN that he believed the grand jury was presented faulty evidence. In the Henrys’ wrongful death lawsuit, they claim that Hess exhibited a “reckless disregard for human life.” They also contend that their son’s civil rights were violated. The Henry’s are seeking compensatory and punitive damages.

If the jury finds that Hess used excessive force when apprehending the 20-year-old Pace University football player, they would then award a wrongful death verdict to his parents. The outcome of this case is unrelated to whether or not criminal charges were filed against Hess.

Family of slain student files lawsuit, Boston, April 21, 2011
Parents of gunned-down student file wrongful death suit, CNN, April 20, 2011

Related Web Resources:
Wrongful Death Claims, Nolo
Wrongful Death, Justia

More Blog Posts:
Massachusetts Student’s Family to File $120M Wrongful Death Lawsuit Over Fatal Police Shooting, Boston Injury Lawyers Blog, January 17, 2011
Massachusetts Man Files Lawsuit Alleging Springfield Police Brutality, Boston Injury Lawyers Blog, January 3, 2011
Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident, Boston Injury Lawyers Blog, February 15, 2011 Continue reading

April 21, 2011

Revere Wrongful Death Lawsuit Filed by Family of Mental Health Counselor Allegedly Murdered by Patient at Massachusetts Group Home

by Altman & Altman

The parents of the mental health counselor who was allegedly murdered by a patient at the North Suffolk Mental Health Center is suing the clinic and others for her Revere wrongful death. Stephanie Moulton, a 24-year-old Peabody woman, died on January 20. Now, Robert Moulton and Kimberly Flynn are seeking punitive damages from the group home.

According to authorities, Flynn was allegedly killed by Deshawn Chappell, who was her patient, during a counseling session in her office at the Revere facility. He is accused of then dumping her body behind a Lynn church before stealing her car and driving off. Last month, a Suffolk County Superior Court found that the 27-year-old Chelsea resident was not competent to stand trial. He was, however, arraigned for first-degree murder.

In their Revere, Massachusetts wrongful death complaint, Flynn’s parents are claiming that the staff neglected to check Chappell’s history for violence and criminal record. They also contend that the facility did not train staff on how to deal with violent situations and does not let workers conduct criminal background checks to determine whether a patient should be allowed to live in the group home. They also allege that even when staff workers were aware that Chappell was off his meds they were not allowed to take action to fix the problem. Moulton’s parents are also suing Chappell, Dr. Nancy McDonnell, Dr. Donald Goff, the group home ‘s board of directors, and others for her Massachusetts wrongful death.

Group homes, nursing homes, and other long-term care facilities can be held liable for violent crimes that occur on their premise that result in serious personal injuries or deaths. It is their responsibility to make sure residents aren’t too dangerous to house in a group setting and that employees don’t have a history of criminal or sexual violence.

Family of Slain Peabody Social Worker Files Wrongful Death Suit, Peabody Patch, April 21, 2011
Parents of slain Revere counselor file lawsuit, MyFoxBoston, April 21, 2011

Related Web Resource:
North Suffolk Mental Health Center

More Blog Posts:
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer, February 4, 2011
Family of 100-Year-Old Woman Files Massachusetts Wrongful Death Lawsuit Against Dartmouth Nursing Home and Roommate Charged with Her Murder, Boston Injury Lawyer, May 31, 2010
Massachusetts Nursing Home Negligence?: Level 3 Sex Offenders are Working and Living in Assisted Living Facility, Boston Injury Lawyer, February 25, 2010 Continue reading

April 19, 2011

Emerson College Student Dies in Boston Roof Fall

by Altman & Altman

Two days after 21-year-old Justin Amorratanasuchad fell four-stories to his death in a Boston fall accident from the top of a South End apartment building, the city is warning landlords to secure their buildings’ rooftops. The Emerson college student was working on a film project on the roof when he stepped backward, lost his balance, and fell. Police discovered his body at the back of the building at around 10:45 am on Sunday. Amorratanasuchad did not live in the building.

According to investigators, it looks as if someone had tampered with the lock to the roof entrance. Following the Roxbury fall accident, the property managers installed metal plates with dead bolts on the door and are planning more improvements.

The Inspectional Services Department is looking to see whether the building managers committed any violations. For example, if the lock had been broken for a while and no efforts were made to repair it, there could be the issue of unsafe maintenance. CSOH Properties LLC of Boston is the property owner.

Just yesterday, another man suffered serious injuries in a Massachusetts roof fall accident. This one occurred on Beacon Street in Brookline. The 22-year-old Babson College student was watching the Boston Marathon with friends when he fell four stories through the rooftop skylight, striking the stairway railings and other objects as he went down. He is expected to recover from his injuries and could be released as early as today.

The building where the Brookline fall accident happened doesn’t have a roof deck. Police are trying to determine whether anyone should have been allowed on the flat roof.

Boston Premises Liability
Landlords, property owners, business owners, store owners, and other owners of private and public properties must make sure there are no hazards on a premise that could cause or allow injuries or death to occur. Failure to fulfill this duty can result in Boston injury or wrongful death recovery for victims and/or their families.

An experienced Boston injury lawyer can talk to you about your legal options.

‘Genius’ Emerson College filmmaker mourned after fall, Boston Herald, April 19, 2011
City warns landlords to secure rooftops, Boston.com, April 19, 2011
Emerson Film Student Falls To His Death From Roof, WBUR.org, April 18, 2011

Related Web Resources:
Inspectional Services Department, Boston.gov
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
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
Construction Worker Injured During Massachusetts Slip and Fall Accident Through Roof, Boston Injury Lawyer Blog, July 16, 2010 Continue reading