Boston Injury Lawyer Blog

February 24, 2011

Toyota Motor Corp. Recalls Another 2.17 Million Vehicles Over Floor Mat/Accelerator Pedal Entrapment Concerns

Upping the number of vehicles recalled since 2009 to over 14 million globally, Toyota Motor Corp. says it is recalling another 2.1 million motor vehicles in the US because of concerns that the accelerator pedal might get stuck in the driver’s side floor mat or carpeting. As you know, our Boston injury law firm has been reporting on this safety issue for some time. Now, following this latest recall, the US Transportation Department’s National Highway Traffic Safety Administration says it is satisfied with the automaker’s handling of the pedal entrapment problem and it is closing its investigation into this matter.

It was earlier this month when US regulators announced that they had determined that electronic issues were not the cause of the sudden, unintended acceleration problems that have led to hundreds of complaints, including auto products liability lawsuits and wrongful death claims. Rather, driver error (“pedal misapplication,” meaning the motorist accidentally stepped on the gas pedal instead of the brakes) and mechanical defects are the primary culprits.

Included in this latest pedal entrapment recall are:
• 600,000 400Runner SUVs (2003 – 2009 models)
• 17,000 Lexus LX 570s (2008 – 2011 models)
• 761,000 RAV4 compact SUVs (2006 – 2010 models)
• 372,000 RX330, RX 350, and RX 400H autos (2004 – 2007 models)
• 397,000 Toyota Highlander SUVs and hybrids (2004 – 2006 models)
• 20,000 GS300 and GS350 all-wheel drive autos (2006-2007 models)

Toyota says no injuries, deaths, or accidents related to this latest recall have been reported. Also, NHTSA says that of the 93 allegations of death in the approximately 3,000 reports of sudden acceleration incidents it has received, 5 of them have been confirmed. However, there are still dozens of auto products liability lawsuits waiting to be resolved.

Toyota recalls 2.17 million vehicles in US, Boston.com/AP, February 24, 2011
Toyota Recalls Another 2 Million Cars. Apology Needed, Bloomberg Business Week, February 24, 2011

Related Web Resources:
Toyota Motor Corp.

NHTSA

More Blog Posts:
U.S. Department of Transportation Releases Findings on Study of Toyota Unintended Acceleration, Boston Car Accident Lawyer Blog, February 9, 2011 Toyota Recalls More than Two Million Autos Over Gas Pedal Defect, Boston Injury Lawyer Blog, January 21, 2010
Family Suing Toyota For Massachusetts Auto Products Liability Claims Sudden Acceleration Caused Medford Woman’s Wrongful Death, Boston Injury Lawyer Blog, February 28, 2010 Continue reading

February 22, 2011

Boston Nursing Home Negligence Can Lead to Food Choking Accidents

by Altman & Altman

Massachusetts nursing homes house many patients with special dietary and eating needs. While some patients cannot be fed certain foods as a result of food allergies, diabetes, high cholesterol and other health issues, still others have certain disabilities, problems swallowing, no teeth, problems or suffer from dementia and need helping eating, cutting up, liquefying, blending, or straining their food.

Unfortunately, choking accidents do occur because of Boston nursing home neglect. Nursing home workers can fail to make sure dietary restrictions are followed or fail to properly prepare or process the foods so that a resident can eat safely.

Choking incidents can prove catastrophic for nursing home residents. Extremely painful, uncomfortable, and traumatic, choking can deprive the victim of oxygen, which can result in a serious traumatic brain injury and even death. In Massachusetts, our Boston nursing home abuse and neglect law firm is here to help our clients prove that inadequate supervision, poor nursing care, or other acts of negligence contributed to the causing your loved one’s choking accident.

People stay at nursing homes because they need specialized care. Assisted living facilities know this and they also know that choking accidents do happen. There is no reason why proper procedures shouldn’t be in place so that preventable choking accidents are avoided. Also, there are some residents who are obviously more at risk of choking on their food than others and it is unacceptable when a nursing home fails to properly supervise these residents during meals.

Related Web Resources:
Massachusetts Department of Public Health

Boston Nursing Home Rankings

More Boston Injury Lawyer Blog Posts:
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011
Winter Weather Combined with Boston Nursing Home Neglect Can Cause Some Patients to Get Very Sick, Boston Injury Lawyer Blog, January 22, 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

February 20, 2011

Bicycle Injury Rates Go Down When Cities Have Bikes-Only Lanes, Says Study

by Altman & Altman

According to a new study published in Injury Prevention, there is a 28% lower injury rate for bicyclists when they cycle in bike-only tracks that are physically separate from street traffic than when they ride right next to motor vehicles. Considering that designated bike lanes are not common in the United States-usually a painted stripe in the road is what separates a bicycle lane from the rest of traffic-these findings are important to consider.

The National Highway Traffic Safety Administration reported 51,000 bicyclists injured in collisions with motor vehicles in 2009. That’s a lot of people hurt. As our Boston bicycle accident lawyers have mentioned in the past, it doesn’t help that bicyclists only have helmets and protective clothing to keep them safe during a collision with a large truck or another vehicle.

The study’s team, headed by Harvard School of Public Health research associate Anne Lusk, reports that in the Netherlands, where there are about 18,000 miles of bicycle-only tracks, the bicycle injury rate is 26 times lower than in the US-where there are only about 20 miles of bikes-only lane. The researchers note that the lack of safe cycling tracks could be contributing to the car-favored culture in the US. Surveys show that many Americans-especially seniors, woman, and parents riding with kids-are scared to ride their bikes on roads where there is plenty of traffic.

Under state law, bicyclists injured in Massachusetts traffic crashes get up to $8,000 in personal injury protection regardless of who was at fault. That said, this may not be enough to cover surgery expenses, hospital bills, rehabilitation services, lost wages from time off work, and other costs and damages.

With the serious and costly injuries that can result, it is important that Boston bicycle accident victims and their families explore their legal options right away. This is a city that could still use more bike lanes. That said, according to the Boston Globe, 20 miles of bike lanes were added last year-that’s 35 miles of bike lanes added in three year. Also, another 1600 bike owned parking spaces on hitch racks have been installed in neighborhoods throughout the city.

Separate Bikes-Only Lanes in Cities Cut Injury Rate: Study, Business Week, February 17, 2011
Cyclists found a friendlier Boston in 2010, Boston.com, January 27, 2011

Related Web Resources:
Injury Prevention

Bike Safety, City of Boston

More Boston Injury Blog Posts:
74-year-old Bicyclist Killed in Boston, Boston Car Accident Lawyer, January 26, 2011
12-year-old Boy Hit by Car While Riding his Bike in Lowell, Boston Injury Lawyer Blog, September 2, 2010
Martha’s Vineyard Truck Accident Kills Bicyclist, Boston Car Accident Lawyer, July 9, 2010 Continue reading

February 18, 2011

Electrical Issue May Have Cause Fatal Westfield, Massachusetts Fire that Killed Elderly Couple

by Altman & Altman

The Boston Herald is reporting that according to fire safety officials, an electrical problem appears to have caused the fire that claimed the lives of 82-year-old Douglas Anderson and his 84-year-old Gladys. The two were found inside their burning home in Westfield, Massachusetts yesterday afternoon.

Police say that smoke inhalation appears to have been the cause of death. There were no working smoke alarms in the house’s first or second floors. The fire appears to have started in a bedroom on the first floor where the damage seems to have been contained. However, the house’s interior sustained heavy smoke damage. Depending on what the electrical issue was, the Andersons’ adult children may have grounds for filing a Massachusetts wrongful death claim.

Common causes of house fires:
• Cooking accidents • Smoking accidents • Heating accidents • Electrical accidents • Faulty electrical wiring • Machinery or appliance defects
Fires can lead to burn injuries, disfigurement, smoke inhalation, scarring, and death.

Smoke Inhalation
According to emedicinehealth.com, smoke inhalation is the number one cause of death. 50-80% of fire fatalities are caused by smoke inhalation. Signs of smoke inhalation may include coughing, shortness of breath, breathing issues, irritated eyes, change in skin color, soot in the throat or nose, headaches, confusion, seizures, fainting, or coma.

If you believe that a fire that resulted in injury or death was caused by another party’s negligence, you may have grounds for a Massachusetts personal injury case.

Westfield residents Gladys and Douglas Anderson killed in fire at their Overlook Drive home, MassLive, February 17, 2011
Elderly couple die in Westfield fire, Boston Herald, February 18, 2011

Related Web Resources:
Home Fire Safety Tips

Smoke Inhalation, emedicinehealth

More Boston Injury Lawyer Blog Posts:
Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm, Boston Injury Lawyer Blog, September 3, 2009
58 Fire Fatalities in Massachusetts in 2007, Boston Injury Lawyer Blog, January 4, 2008 Continue reading

February 17, 2011

Ex-Children’s Hospital Boston Pediatrician Sued for Boston Medical Malpractice and the Sex Abuse of Child Patients

by Altman & Altman

Former Children’s Hospital Boston pediatrician Dr. Melvine Levine is the defendant of a class action complaint accusing him of Boston medical malpractice and Massachusetts child sex abuse. The lawsuit blames the hospital for failing to properly supervise him during 40 cases over two decades and of knowing (or that it should have known) that Levine was not fit to treat minor boy patients or care for them without supervision. The hospital has denied the allegations and notes that the pediatrician has not practiced there for a quarter of a century. This is not the first lawsuit accusing Levine of medical negligence and child sex abuse. In 2009, he agreed to give up practicing medicine permanently.

This latest Boston sex abuse complaint, however, seeks to represent all the kids that Levine examined between 1966 through 1985, which includes about 5,000 boys. He allegedly performed unnecessary genital exams on patients.

Boston Sex Abuse as Massachusetts Medical Malpractice

February 16, 2011

Boston Wrongful Death Lawsuit Filed Against American Medical Response After Ambulance Patient is Dropped on Her Head

by Altman & Altman

Peter Zacarelli is suing American Medical Response for Boston wrongful death. Zacarelli is the brother of Barbra Grimes. The 68-year-old woman died from a brain bleed five days after an ambulance crew allegedly dropped her head-first on the ground.

At the time of the Boston fall accident, Grimes was being taken to a Plymouth hospital for her dialysis treatment. The Department of Public Health has said that she died as a result of human error. American Medical Response is the largest ambulance company in the US.

Whether a medical worker is transferring a patient from a bed to a wheelchair or transporting the patient via ambulance or down a way walkway, there are proper procedures that should be followed to ensure that a patient isn’t dropped or doesn’t fall onto the ground. Fall accidents can lead to broken bones, traumatic brain injury, back injuries, neck injuries, broken hips, and other health complications.

February 15, 2011

Boston Personal Injury Lawsuit Accuses Police Motorcyclist of Assault and Battery in ’07 Marathon Pedestrian Accident

by Altman & Altman

A Framingham woman claims Massachusetts police Sgt. Dennis Bertulli was negligent when he struck her with his motorcycle and drove off during the 2007 Boston Marathon. Norma Shulman, an avid marathon watcher, is now suing state police over the alleged assault and battery and the violation of her civil rights. Her Boston personal injury trial is currently underway in Middlesex Superior Court.

Shulman, now 65, claims that on April 16, 2007, she was standing behind the white line on Rte. 135-the same spot where she has watched the Boston Marathon for 26 years-when she was struck by Bertulli’s motorcycle. The impact of the Boston motorcycle accident knocked her backward and she sustained a bruise to her chest. Shulman says because she didn’t want to make a scene, she didn’t’ seek emergency medical help and instead drove herself to the ER several hours later. She says that not only did she experience physical pain for 6-7 weeks, but also that she continues to suffer from sleep problems while feeling powerless.

Shulman’s Boston lawyer claims that not only did Bertulli strike Shulman and then drive off, but also, another officer Lt. William Cederquist coerced a key witness to change his account of what happened. The incident was captured on video by WBZ-TV and posted on YouTube.

February 12, 2011

Is the State Doing Enough to Prevent Massachusetts Car Crashes and Discourage Drunk Driving?

by Altman & Altman

The National Transportation Safety Board says that Massachusetts ranks among the worst states when it comes to adopting federal drunk driving recommendations because it has only put into effect just 4 of the agency’s 11 recommendations for keeping repeat drunk drivers off the streets. This news raises the question, is the state doing enough to get drunk drivers off the road so that the number of Massachusetts car accidents that happen each year goes down?

Our Boston injury lawyers talk to families on a regular basis that have suffered inconsolable losses because a drunk driver got in a car and fatally struck a loved one. Adopting tougher measures to prevent drunk driving can only save lives.

Among the NTSB’s recommendations:

February 11, 2011

Two Infant Deaths Spur Recall of 1.7M Summer Infant Video Baby Monitors

by Altman & Altman

The Consumer Product Safety Commission is recalling approximately 1.7 Summer Infant baby monitors following two infant deaths by strangulation. Included are over 40 different models of digital, handheld, and color models. The company issuing the recall is called Summer Infant, which will provide users with better instructions.

If you have one of these baby monitors, our Boston products liability lawyers want to remind you to adhere to the instructions of Summer Infant and CPSC and make sure that the cameras and their cords are out of your child’s reach. Per the CPSC, one baby, 10 months, died last March when she was strangled after getting caught in a monitor camera’s cord. The monitoring device had been placed on top of the crib rail. In November, a 6-month-old-baby died from strangulation because of the monitor’s electrical cord. The baby monitor had been placed on the changing table next to his crib.

Also, a 20-month old toddler was almost strangled after the camera monitor’s cord ended up around his neck. Even though the monitor camera had been hooked to the wall, the boy was able to reach the cord.

February 9, 2011

Pharmacy Error: Pregnant Woman is Accidentally Given Abortion Pill

by Altman & Altman

As you know, our Boston personal injury lawyers sometimes reports on stories making the national headlines. One unfortunate incident that has recently garnered a lot of media attention involves a pregnant woman who was accidentally given an abortion pill by a Safeway pharmacist.

Mareena Silva, who is several weeks pregnant with her first baby, says that a pharmacy misfill caused her to accidentally take methotrexate, which is used in chemotherapy treatments and can end pregnancies. She says that she thought the pill was the antibiotic that had been prescribed to her. After she started to feel sick, she noticed on the label that the drug she had been given was the wrong one. Silva contacted her physician immediately.

She was then rushed to the hospital where she was given charcoal in an attempt to get her body to absorb the drug. Doctors, however, say that she could still miscarry or have a baby with serious defects.