Boston Injury Lawyer Blog

November 5, 2010

Roxbury Man Killed, Teen Injured on MBTA Bus; Riders Call for Better Security

An unidentified 18-year-old was injured and 21-year-old Richard Allen was killed on an MBTA bus on November 2, 2010, the Boston Globe reported. Both were stabbed as the bus traveled down Humboldt Avenue near William Monroe Trotter elementary school. A police spokesperson told the Globe that both Allen and the 18-year-old were reputed gang members and that this was not a random attack. Allen was arrested in June for a Dorchester armed robbery and had a pre-trial conference scheduled for Monday.

This was the third time a person has been killed on an MBTA bus in three years. Later that same afternoon, police had to investigate two Red Line stabbings in which a 17-year-old suffered chest wounds and an 18-year-old suffered hand wounds. Many MBTA riders and Humboldt-area residents interviewed by the Globe called for more security officers and cameras on buses. No security camera was on Allen’s bus at the time of the fatal attack.

Lack of security cameras and failed security systems can give rise to inadequate security personal injury claims. Typically these types of claims involve serious injuries or death from criminal attacks like robberies, assaults, sexual assaults, stabbings or shootings that happened because the owner or operator of a public place negligently failed to keep his premises safe.
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November 5, 2010

Residents Assess Damage from Readville Gas Explosion

by Altman & Altman

The Readville neighborhood residents whose homes were damaged from Wednesday’s explosion on Danny Road are now assessing damage, according to the Boston Globe. Dozens of windows were shattered and one homeowner believes that her house was moved from its foundation.

After the explosion, 40 homes had to be evacuated. According to residents interviewed by the Globe, windows were broken, pink insulation and smoke went through the air, and it felt like an earthquake.

The explosion occurred when a Defelice Corp. contractor accidentally cut into a gas line causing gas to seep into a nearby home. The general manager of Defelice claims that all proper safeguards were taken and all notifications were made prior to digging. Defelice had been subcontracted by the Boston Water and Sewer Commission to work in the neighborhood.

An NSTAR spokesperson told the Globe that Defelice did not contact Digsafe about their plans for Danny Road.

On-site explosions are a common cause of devastating personal injuries and damage to property. When explosions are caused by negligence, a person involved may be entitled to compensation for medical costs, property damages, lost wages, pain and suffering and possible punitive damages.
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November 4, 2010

Boston Wrongful Death Lawsuit Filed by Family Firefighter Killed in Fire Truck Crash Caused by Brake Failure

by Altman & Altman

Nearly two years after Lieutenant Kevin M. Kelly died from injuries he sustained when Boston Fire Department Ladder 26 sped down Parker Hill Avenue in Mission Hill before crashed through a brick wall and into a building, his family is suing six companies for Suffolk County wrongful death. The defendants of the case are Woodward’s Auto Spring Shop Inc. of Brockton, Damian Diesel Inc. of Avon, Broadway Brake Corp. of Somerville, Boston Freightliner Inc. of Everett, Bay State Auto Spring Manufacturing Co. of Roxbury, and Suspension Specialists Inc. of Allston. The city had contracted the companies to maintain or inspect the fire truck’s braking systems.

In their Boston wrongful death lawsuit, the plaintiffs, Kelly’s widow Gloria and daughter Susan, are accusing the defendants of gross negligence, installing the wrong parts, faulty brake work, and failing through proper inspection to notice the errors that had been made. The 52-year-old firefighter had been riding in the front passenger seat on January 9, 2009 when the brakes on Ladder 26 failed. Kelly died from the massive head trauma he sustained during the Boston truck crash. The other firefighters who were on the firetruck with him sustained injuries, as did four of the children who were in the computer learning center of the building that the truck had struck. Kelley’s family is seeking unspecified damages from the defendants.

Defective or Faulty Brakes
A driver cannot afford to have the brakes of his/her vehicle malfunction. The inability to slow down or stop a vehicle can result in tragic consequences.

Depending on the circumstances surrounding your brake malfunction, there may be more than one party who should be held liable for the defective brakes, such as the manufacturer of the car or the brakes or the company in charge of repairing, maintaining, and/or inspecting the them.

Family files lawsuit over firefighter’s death, Boston.com, November 2, 2010
Boston firefighter killed when ladder truck crashes into building, AP/FireRescue, January 9, 2009
Deadly Boston Fire Truck Accident May Have Been Caused By Brake Failure, Says Survivors, Boston Injury Lawyer Blog, January 11, 2009
Related Web Resources:
Boston Car Accident Lawyer Blog

Boston Fire Department
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October 31, 2010

Trick or Treat: Prevent Boston Injury Accidents by Exercising Extra Caution When on the Road this Halloween

by Altman & Altman

Happy Halloween! With more children than normal likely to be wandering through the residential streets of Boston after dark tonight, there are steps that motorists can take to avoid striking a young ghoul or witch walking on the road, including:

• Don’t pass stopped vehicles. There may be a young trick or treater getting out of the car or crossing the street.
• Don’t talk on the cell phone or text while driving.
• Drive slowly.
• Look out for kids that might suddenly run into the middle of the road in an attempt to cross it.
• Remember that not all young children know the rules of the road. Yield the right of way to young kids.
• Don’t drive drunk.
• Obey traffic laws.

If your child was injured in a Boston pedestrian accident while trick or treating, you may have grounds for a Boston injury case.

Steps that parents can take to help their kids avoid becoming involved in a Boston traffic crash:

• Teach them how to safely cross the street.
• Supervise them while they trick or treat.
• Choose costumes that are bright enough for motorists to see at night. You can also give your kids a flashlight or place reflective tape on their costumes.

According to the Centers for Disease Control and Prevention, kids have a four times greater chance of getting struck by a car on Halloween than during the rest of the year. Meantime, the National Highway Traffic Safety Administration says that Halloween is one of the three days of the year when pedestrian injuries and deaths are at highest risk of occurring.

There may be more than one party who should be held liable for your child’s Boston injuries to a minor case. It is important that you start exploring your legal options as soon as possible.

Recovering from a Boston pedestrian injury can be tough-especially for young kids. In addition to the actual injury and the resulting physical pain, there also may be emotional trauma sustained as a result of getting hit by a motor vehicle. Medical and recovery expenses can take their toll on the family.

Halloween Driving Safety Tips, Progressive.com
Keeping Kids Safe on Halloween, Minnesota Safety Council (PDF)

Keep Your Pirate, Ghoul, or Ghost Safe on Halloween, Kingstowne.Patch.com

Related Web Resources:
Pedestrian Safety, SafeKids
Educating Child Pedestrians, WalkingInfo Continue reading

October 28, 2010

One More Reason Why Massachusetts Assisted Living Facilities Should Prevent Boston Nursing Home Neglect: Elderly Who Have Had Sepsis at Higher Risk of Physical and Cognitive Impairments

by Altman & Altman

A recent study published in the Journal of the American Medical Association warns that sick elderly patients that are hospitalized with sepsis have a higher chance of developing serious cognitive issues and suffer from abnormal physical decline during later years. The researchers that conducted the study also determined that sepsis may be the cause of some 20,000 new dementia cases among seniors belonging to the 65 years and older age group.

Sepsis
Sepsis can occur in response to an infection in the body. It can be especially dangerous for an elderly person or someone with a very weak immune system. Other people at risk of developing sepsis are hospital patients, people with medical conditions, and those with serious injuries. Boston nursing home neglect, abuse, and negligent nursing care can place someone at higher risk of developing sepsis.

It is inexcusable for someone to develop sepsis and/or die because nursing home workers did not change his/her wound dressings, prevent bedsores from developing, or ensure that the assisted living facility is a clean and healthy environment. If you believe that Boston negligent nursing care contributed to your loved one getting hurt, sick, or dying, our Massachusetts injury lawyers would like you to contact us immediately to request you free case evaluation.

Symptoms of Sepsis:
• Serious shaking
• Chills • Fever • Agitation • Dizziness • Disorientation • Confusion • Skin rash • Joint pains
According to Llewellyn DJ and his colleagues from the University of Exeter in the United Kingdom, low vitamin D levels can play a role in the worsening decline experienced by elderly patients that have suffered from sepsis. Other studies indicate that low vitamin D in a person has been linked to dementia. There are steps that can be taken to make sure that elderly nursing home patients maintain high vitamin D levels.

Could vitamin D deficiency explain sepsis risk in elderly people?, FoodConsumer, October 27, 2010
Study: Sepsis has long-term impact on older adults, MSNBC, October 26, 2010

Related Web Resources:
Sepsis Overview, Cleveland Clinic
Journal of the American Medical Association
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October 27, 2010

Brockton Wrongful Death Trial Over Fatal Massachusetts Bus Accident Involving Disabled Pedestrian to Be Held In Boston

by Altman & Altman

In Boston, jury selection is scheduled to begin today in the Massachusetts wrongful death lawsuit over a catastrophic 2007 Brockton bus crash that claimed the life of a disabled pedestrian. The defendants are bus driver Tracy A. Lopes and bus company First Student Inc. Lopes, a Raynham resident, had been charged with motor vehicle homicide by negligent operation after the deadly collision, but the charge was dropped in 2008.

The pedestrian that died was Lisa Herlihy, a 46-year-old Brockton resident who had been suffering from osteoporosis and Parkinson’s disease. She was using her walker to cross the street when she was struck by the bus that Lopes was driving.

Last year, Kim Berggren, a Randolph resident and Herlihy’s sister, filed her Brockton wrongful death lawsuit against Lopes and the bus company that had employed her at the time of the deadly Massachusetts pedestrian accident. Berggren is seeking “unspecified damages” and accusing both defendants of gross negligence.

October 21, 2010

Distracted Driving is Focus of National Teen Driver Safety Week

by Altman & Altman

With car crashes as the leading cause of teenager deaths, this week has been designated “National Teen Driver Safety Week.” The theme for this year is distracted driving, which is no surprise considering that teen drivers are the ones at highest risk of becoming involved in a distracted driving-related accident.

Other common causes of teen driving accidents:
• Driver inexperience • Speed • Immaturity and impatience • Forgetting to wear a seat belt • Drunk driving
• Drowsy driving • Drugged driving • Driving at night
Teen drivers that are negligent or reckless while driving can easily become involved in a Boston, injury accident. It is important that parents work with teens to prevent Massachusetts traffic crashes from happening.

The National Highway Traffic Safety Administration Offers “Rules” that Parents Can Set with Their Kids to Encourage Them to Drive Safely:
• Do not allow your teen to drink alcohol • Make sure your teen is always using a seat belt while driving • Even though texting and cell phone use is banned, enforce this rule with them • Give your teen a curfew time • Make sure that your teen obeys the state’s teen driving laws
According to two studies that came out in the journal Pediatricslast year, parents that are proactive about setting and abiding by boundaries and rules can turn their kids into safer drivers. Per the study, teens with actively involved parents lower their drunk driving risk by 70%, are 30% less likely to use a cell phone, and are 50% less likely to speed. Kids who don’t have their own car and must ask their parents to use a vehicle are 50% less likely to get involved in a traffic crash.

In Massachusetts, the state’s Junior Operator Law prohibits teens under 18 from texting or talking on a cell phone. The law also bars teens from driving between 12:30am and 5am and provides a passenger restriction. A teen that gets caught drag-racing or speeding faces harsh penalties.

It’s National Teen Driver Safety Week (Oct. 17-23), So Talk to Your Kids, Time, October 18, 2010
Strict rules from parents lead to safer-driving teens, USA Today, September 25, 2009
Related Web Resources:
Teen Drivers, NHTSA
Junior Operator License, MassDOT Continue reading

October 18, 2010

Peabody Car Crash Injures Three in Massachusetts

by Altman & Altman

A serious single-car crash in Peabody late Friday caused injury to three people. All three Massachusetts car crash victims were rushed to a Boston hospital.

The Peabody car accident happened when the vehicle crashed into a pole. The driver, who is a Nahant resident, and two of his passengers had to be extricated from the badly wrecked vehicle. He has been summoned to court to face charges that include operating a motor vehicle under the influence of alcohol, operating a motor vehicle with a suspended license, and operating a motor vehicle recklessly to endanger.

Our Boston accident lawyers want to remind anyone that has been involved in a recent Massachusetts car crash that they should begin exploring their legal options as soon as possible. In the event that you decide to pursue a Boston injury claim, it will be easier to gather evidence and speak to witnesses soon after the collision rather than later.

In other Massachusetts traffic crash news, an East Boston man has pleaded not guilty to fatal hit-and run in the fatal Revere pedestrian accident death of Cynthia Osborne. The Salem woman was walking along Route 1A close to the Wonderland MBTA stop last Monday when 52-year-old Gerald Alviti allegedly struck her with his vehicle. Osborne was later pronounced dead at Massachusetts General Hospital.

Osborne and Alviti were both reportedly headed to a substance abuse clinic in Lynn. Witnesses say that Alviti fled the Revere car crash scene. The 2005 Chevy Malibu he was driving was later sighted by a US postal service cop who had witnessed the collision.

Trio injured in Peabody crash, ItemLive, October 18, 2010
Man, Woman In Fatal Crash Went To Same Drug Clinic, WCVB, October 12, 2010
East Boston man pleads not guilty in crash that killed Salem woman, Boston.com, October 12, 2010

Related Web Resources:
Welcome to MassDOT

National Highway Traffic Safety Administration
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October 15, 2010

15-Passsenger Van Accidents: NHTSA Reissues Consumer Warning

by Altman & Altman

With autumn underway and the winter driving season approaching, the National Highway Traffic Safety Administration is reminding the drivers of 15-passenger vans to take certain steps to protect the occupants in their vehicles from getting hurt.

15-passenger vans are known to have a higher rollover rate than most other autos. Not only does their high gravity center and rear ends that can go back up to four feet beyond the rear axle make them a rollover risk when the van is fully loaded, but also, their weight increases the risk of a tire blowout. Tire failure is another leading cause of 15-passenger van rollover crashes. Although the NHTSA now requires that the newer vans come with electronic stability control systems, there are still older 15-passenger vans that are still in use that lack this safety system.

Our Boston injury lawyers are familiar with the safety issues and auto defects involving 15-passenger vans that can result in catastrophic injuries and deaths for vehicle occupants and others.

October 14, 2010

Wrong Diagnosis, Misdiagnosis, and Delayed Diagnosis are Among Leading Cause Cited in Medical Malpractice Lawsuits

by Altman & Altman

About 40,000 to 80,000 hospitalized patients are killed each year because of diagnostics mistakes (such as delayed diagnosis, wrong diagnosis, and misdiagnosis)-considered the number one cause of medical malpractice lawsuits. The Wall Street Journal recently reported on this issue, as well as the fact that doctors and other medical professionals are examining past medical malpractice cases to develop programs geared toward preventing similar medical errors from happening in the future. Our Boston medical malpractice law firm hopes that such analysis will indeed decrease the number of illnesses, injuries, and deaths caused by medical malpractice.

According to a study of malpractice claims, there is no one reason that diagnostic mistakes happen. Diagnostic mistakes occur most often with cancer cases. In the WSJ, breast cancer surgeon Susan Kutner reports that of the 320,000 abnormal mammograms and 420,000 abnormal biopsies identified by Kaiser Permanente in the last 15 years, 450 of the patients involved developing recurring or new cancer or abnormal biopsies. Kutner says these patients might not have been diagnosed if they hadn’t been brought in “proactively.”

In addition to medical mistakes made by the health providers resulting in diagnostic mistakes, patients can play a role in causing wrong diagnosis or misdiagnosis to happen. For example, a patient may wait too long before going to see a doctor, fail to follow medical directions, or decide not to show up to take a physician-ordered test.

According to Crico/RFM, 26% of the 1,137 medical malpractice cases between 2005 and 2009 involved diagnostic mistakes. 456 were “high severity” cases that caused patients serious injury, illness, or death. Almost half of these cases involved diagnosis mistakes.

Diagnostic Errors
Failing to diagnose or offering a wrong or delayed medical diagnosis to a patient in a timely manner can negatively affect his/her prognosis and course of treatment. It may even result in death. Wrong diagnosis, misdiagnosis, delayed diagnosis, and other diagnostic-related errors can be grounds for a Massachusetts medical malpractice case.

According to a 2007 article on CNN, the most commonly misdiagnosed illnesses include:

• Aortic dissection • Cancer • Heart attack • Clogged Arteries • Infection
What the Doctor Missed, The Wall Street Journal, September 27 2010
Five commonly misdiagnosed diseases, CNN, September 26, 2007

Related Web Resources:
Wrong Diagnosis

Medical Malpractice, Nolo Continue reading