Boston Injury Lawyer Blog

February 8, 2011

Massachusetts Dangerous Drug Lawsuit Says Raptiva Caused Serious Infections

Gerald Sylvia is suing Xoma LLC and Genentech, Inc. for Massachusetts personal injury. In his dangerous drug lawsuit, he claims that the drug Raptiva caused him to develop acute retinal necrosis and meningitis. He is now legally blind.

Genentech recalled Raptiva in 2009 after the drug, used to treat psoriasis, was linked to three suspected cases of progressive multifocal leukoencephalopathy (PML), a deadly brain infection that can turn fatal. In addition to attacking the central nervous system, PML can cause paralysis, speech impairment, vision loss, weakness, cognitive deterioration, and death.

Raptiva, a subcutaneous injection, increased the risks of life-threatening infections, lymphoma, neurological complications, malignancy, and death. Sylvia claims that the drug manufacturers knew about the health risks posed by the drug yet failed to warn physicians or patients. He says that the defendants allowed the defective drug to remain in the market when they knew there were safer options.

Unfortunately, each year, thousands of Americans are killed because of adverse side effects from taking prescription drugs and over-the-counter medications. In some cases, a defective drug is allowed to remain in the marketplace even after the medication has caused serious side effects in users. Failure to warn of possible side effects has resulted in health complications that could otherwise have been avoided.

It is a drug maker’s responsibility to make sure that their medications don’t cause catastrophic injuries or serious health issues. When a drug manufacturer fails in this duty, the victim or his/her family may have grounds for a Boston dangerous drug lawsuit.

Sylvia et al v. Genentech, Inc. et al, Justia Dockets & Filings
Raptiva is withdrawn from the US market, UPI.com, April 9, 2009

Related Web Resources:
Raptiva, National Institutes of Health
Genentech

Other Dangerous Drug Blog Posts:
Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems, Boston Injury Lawyer, January 28, 2011
Boston, Massachusetts Personal Injury: Are Dietary Supplements Dangerous Drugs?, Boston Injury Lawyer, August 4, 2010
Pfizer Settles for $400,000 the Massachusetts Dangerous Drug Lawsuit Filed by Family of Neurontin User who Committed Suicide, Boston Injury Lawyer, April 5, 2010 Continue reading

February 4, 2011

Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person

by Altman & Altman

A jury has found an ex-certified nursing assistant guilty of assault and battery on a person 60 or older. Nancy Aiguobargueghian was accused of Massachusetts nursing home abuse in 2006. The Massachusetts Department of Public Health investigated the alleged assault on a patient at the Hunt Nursing and Retirement Home in Danvers.

Aiguobargueghian is accused of physically assaulting the elderly resident, who was in a wheelchair. Other employees witnessed the incident.

Last year, she pleaded not guilty to the criminal charge in criminal court. This month, however, a Salem jury found her not guilty.

Massachusetts Nursing Home Abuse
Massachusetts nursing home abuse causes injuries and deaths. The victim and his/her family may be able to obtain liability from the assisted living facility where the abuse happened by claiming negligent hiring, improper supervision, or some other act of negligence. Nursing homes owe patients a certain standard of care and when failure to provide that care results in nursing home abuse or neglect occurring, an experienced Boston nursing home negligence law firm can work with you to file your injury claim or lawsuit.

Physical violence is one of the more obvious forms of Boston nursing home abuse. Examples of kinds of abuse include verbal abuse, emotional abuse, psychological abuse, improper or unnecessary restraint, unnecessary sedation, force-feeding, denying food or drink, sexual assault, inappropriate touching, bullying, or harassment.

Your Boston nursing home abuse law firm will know what evidence and documentation to collect to prove liability. There may be medical records that need to be collected and other patients and workers to interview about what happened. Immediate steps may have to be taken to immediately remove a loved one from an abusive situation.

Former Hunt nursing assistant convicted of assault and battery, Wicked Local, February 2, 2011
Woman guilty of assaulting patient, The Salem News, February 3, 2011

Related Web Resources:
Massachusetts Advocates for Nursing Home Reform

Massachusetts Department of Public Health
Continue reading

January 31, 2011

Revere Man is Fatally Shot in His Apartment Building

by Altman & Altman

24-year-old Mario Rosa was shot to death in his apartment building’s vestibule in Revere, Massachusetts on Saturday. Police found him with multiple gunshot wounds and he was pronounced dead at the scene.

According to The Boston Globe, one of the neighbors in the area says that the building where Rosa was shot has a huge turnover rate and police have been to the property on a number of occasions. The Suffolk County State Police Detective Unit is investigating Rosa’s death.

Massachusetts Premises Liability

January 30, 2011

Whistleblowers Lawsuits Can Lead to Financial Compensation for Those Brave Enough to Speak Out

by Altman & Altman

Our Boston injury lawyers are aware that whistleblowers are doing a great service by reporting a wrongdoing by a company or organization when no one else will. Fortunately, there are laws, such as federal government’s False Claims Act (FCA), the Toxic Substances Control Act, the Sarbanes-Oxley Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, and several Massachusetts laws, which provide whistleblowers some protections, including protection retaliation from an employer. A whistleblower also may be entitled to a percentage of a settlement reached with the entity that has been sued over the illegal activity.

Private citizens can file a qui tam “whistleblower” lawsuit on behalf of the federal government against the party that committed the wrongdoing. The whistleblower must have direct and independent information about the alleged fraud-information that has not been publicly disclosed-and actual evidence that fraud has been committed. He/she might choose to report the wrongdoing internally or to regulators, the media, agencies, or attorneys.

Our Boston whistleblower lawyers know how intimidating it might be to expose illegal misconduct-especially when committed by your own employer. We can help stop this misconduct while protecting a client’s rights and making sure he/she is compensated for having the courage to speak out and file a whistleblower complaint.

Recent whistleblower cases making the headlines:
• Last week, Lockheed Martin settled allegations that it submitted false claims on a US government contract for $2 million related to its work on the Naval Oceanographic Office Major Shared Resource Center. Its settlement is the same amount. The company’s alleged wrongdoings were reported in a whistleblower lawsuit. For filing the whistleblower complaint, David Magee, a former center employee, will get $560,000 of the settlement.

• Hospitals in several states have settled their qui tam lawsuit accusing them of fraudulent billing practices and charged Medicare too much for a surgery procedure known as kyphoplasty. The settlements with seven hospitals brings the total recovery of the case to $101 million. Whistleblowers Craig Patrick and Chuck Bates, who both used to work for one of the entities that also settled with the government over the fraud, are entitled to receive 15% to 25% of what the government recovers.

Lockheed to pay $2 million to settle lawsuit, The Washington Post, January 25, 2011
Medicare Claims Settlement Nets $6.3M from 7 Hospitals, HealthleadersMedia, January 6, 2011

Related Web Resources:
False Claims Act, Cornell University Law School
Massachusetts False Claims Act, TAF.org Continue reading

January 28, 2011

Boston Dangerous Drug: Taking Darvocet or Darvon Can Cause Heart Problems

by Altman & Altman

Pharmaceutical companies, like other manufacturers, must make products that are safe for use. Medications that are defective or dangerous can prove fatal-especially if one takes too much or falls victim to serious side effects. In Massachusetts, you can file a Boston dangerous drug lawsuit over a dangerous prescription drug or over-the-counter med that caused you or a loved one to fall seriously ill, develop serious health issues, or die.

Two drugs that were recently pulled from store shelves were the painkillers Darvocet and Darvon, which are now linked to heart problems. Xanodyne Pharmaceuticals. Inc. and the Food and Drug Administration announced the recall of both drugs and their generic versions late last year.

Darvocet is one of the most commonly prescribed pain meds. The drug has been given to more than 22 million people. However, the FDA has said that the pain relief benefits are not great enough compared to the related risks. Not only that, but, prior to the recall in 2009, the FDA insisted that Darvocet come with a “black box” warning about its different side effects.

January 26, 2011

Boston Slip and Fall Accidents Usually Require the Attention of an Experienced Injury Attorney

by Altman & Altman

Our Boston injury lawyers recently posted a blog about how the winter months will surely put the new Massachusetts slip and fall standard to the test. Unlike the previous standard, which required that the victim prove that “unnatural” causes and the landowner’s negligence caused the slip and fall snow hazard, now, a person injured in the slip and fall only has to prove that the landowner was negligent or failed to use reasonable care to remove the ice or snow that became a slip hazard. That is, of course, unless the slip and fall accident occurred on a public sidewalk or street.

What can a property owner do to remove snow or ice that has naturally accumulated? Placing salt or sand on the ice is one way. Shoveling snow off walkways is another. That said, the haphazard clearing snow or ice can also create a slip hazard. It is important that you work with an experienced Boston slip and fall law firm that knows how to handle this type of injury case.

Hopefully, the new standard will make it easier for a victim to obtain Boston slip and fall injury recovery. That said, chances for financial recovery in most Massachusetts personal injury cases are usually greater when you retain the services of lawyers that know how to gather and analyze the evidence for this type of case, as well as prove liability.

According to the Centers for Disease Control and Prevention, about a million people are injured in fall accidents and about 20 thousands others are killed in slip and fall accidents each year. Although a slip or trip accident may sound minor, this is often not the case. The pain, discomfort, and disability that can result can cause physical, emotional, and mental hardship-not to mention the toll that medical and rehabilitation costs and lost wages from time off work can take.

Related Web Resources:
Winter Weather Tests Massachusetts Slip and Fall Ruling by SJC, Boston Injury Lawyer Blog, December 23, 2010
High court changes rules on slip-and-fall lawsuits, Boston.com, July 26, 2010, July 26, 2010
Slip and Fall, Nolo Continue reading

January 25, 2011

Rebecca Riley’s Estate Reaches $2.5M Boston Medical Malpractice Settlement with Tuffs Medical Center Psychiatrist

by Altman & Altman

Another chapter in the tragic death of 4-year-old Rebecca Riley has reached an end. Last night, the Massachusetts wrongful death lawyers for her estate announced that a $2.5 million Boston medical malpractice settlement was reached with her psychiatrist, Dr. Kayoko Kifuji of Tufts Medical Center.

If you’ll recall, Kifuji was the one who prescribed the psychiatric drugs that Rebecca overdosed on after her parents gave her too much of the medications. Michael and Carolyn Riley were convicted of Rebecca’s murder in separate criminal trials last year.

The $2.5 million Boston psychiatric malpractice settlement is the maximum allowed under Kifuji’s insurance policy. The child psychiatrist, who continues to work at Tufts Medical Center, has not admitted any wrongdoing.

January 22, 2011

Winter Weather Combined with Boston Nursing Home Neglect Can Cause Some Patients to Get Very Sick

by Altman & Altman

Massachusetts assisted living facilities are supposed to make sure that their residents are given the best and proper care possible all year round. Unfortunately, that is not always the case, and as our Boston nursing home neglect lawyers have reported in the past, it is the patients who end up suffering.

The sick and the elderly are especially susceptible to illness and infection during the winter months when cold weather can make it easier for them to catch a cold or cough that can turn serious, lowering the immune system and placing them at risk of serious health complications. Patients must be properly bundled so that they stay warm and it is important that they keep their strength up with enough rest, food, fluids, and vitamins. A nursing home should be properly heated and doors must be secured so that residents at risk of wandering don’t end up lost out in the cold where they can freeze to death. Patients who are already sick should be closely monitored, immediately treated, and kept away from other residents.

Not only is Massachusetts nursing home neglect and abuse against the law-violators can be sent to jail-but patients who are victims of such mistreatment and the recipients of poor nursing care can seek damages for Boston personal injury or wrongful death. It is a good idea to report the suspected abuse to the authorities immediately and retain the services of an experienced Boston nursing home abuse law firm that can immediately begin gathering evidence and building your case.

While some Massachusetts nursing home negligence cases can be resolved out of court, many cases are decided by a jury. There are important legal arguments that can be made to prove why your loved one and your family are entitled to damages.

Related Web Resources:
Health experts offer tips on staying healthy during cold and flu season, ConsumerAffairs, November 1, 2010
Massachusetts Department of Public Health

Nursing Homes Health and Human Services

Nursing Home Abuse and Negligence, Boston Injury Lawyer Blog Continue reading

January 20, 2011

Framingham Car Accident Leaves Pedestrian in Critical Condition

by Altman & Altman

25-year-old Dorzell Porter sustained serious injuries on Sunday when he was involved in a Framingham pedestrian accident. He was walking on Rte. 9 when he was struck by a Honda Civic. The driver of the vehicle is a Milford woman. Massachusetts State Police and Framingham Police are investigating the cause of the Middlesex County, MA injury accident.

Police are also investigating another Massachusetts pedestrian accident that occurred on Sunday. Killed in this traffic crash was Wareham teenager Kourtney Viera. A minivan fatally struck the 18-year-old while she was in the right travel lane of Interstate 195 East near Marion.

Viera had gotten out of her car after it ran out of gas. It appears that she may have slipped and fallen on the icy road prior to getting hit by the vehicle.

January 19, 2011

Salem Construction Accident at Massachusetts Courthouse Last Summer Caused by Wrong Screw

by Altman & Altman

According to Massachusetts’ Division of Capital Asset Management, a worker sustained serious leg and arm injuries in the Salem construction accident at the Ruane Judicial Center site last summer because a contractor used the wrong kind of screws on a limestone panel. The 500-pound panel ended up falling four feet to the ground, where it broken into piece, some of which struck Stoneham worker Vincent Leahy. Lighthouse Masonry Inc. of New Bedford is the company that allegedly used the wrong screws.

The state says that the zinc-coated screws were the “direct cause” of why the fell and were not what was “specified in the design of the fastener system.” Simpson Gumpertz & Hegerm, the national forensic engineering company that conducted the investigation into the Massachusetts work accident, also found “similarly failed fasteners” when it removed other panels. The probe concluded that the “adhesive anchor from the stone that fell” was improperly installed in a hole that hadn’t been correctly cleaned.”

Beginning January 9, 2011, the masonry company is barred from bidding on public building projects for a year. The Occupational Safety and Health Administration (OSHA) has slapped Lighthouse Masonry with three “serious citations” over the Salem construction accident. OSHA also cited Daniel O’Connell’s Sons, which is the company that manages the construction project.