Boston Injury Lawyer Blog

April 21, 2009

GM and NHTSA Announce Recall of 1.5 Million Motor Vehicles

General Motors and the National Highway Traffic Safety Administration have announced the recall of 1,497,517 motor vehicles because of a a defect in the 3.8 liter engines of the autos that could lead to a car fire. The cars included in the recall are the Chevrolet Lumina (1998 to 2003 models), the Buick Regal (1997 to 2003), the Chevrolet Monte Carlo (1998 to 2003), the Chevrolet Impala (1998 to 1999), the Pontiac Grand Prix (1998 to 2003), and the Oldsmobile Intrigue (1998 to 1999).

The defect in the engine may cause oil to leak onto the exhaust manifold when hard braking. If the manifold is hot and the oil strikes the heat shield, there is the chance that an engine fire could occur.

Car Fires
Car fires are incredibly dangerous. They can emit toxic gas and lead to catastrophic burn injuries. Car fires can create heat as high as 1500 degrees Fahrenheit, with flames from burning vehicles emitting as far out as 10 feet or greater. A car fire can lead to a car explosion, resulting in debris from the car being flung outward. This could turn tire rims, axles, engine parts, and other car parts into deadly shrapnel. Air bags may deploy, battery acid can cause serious injuries, and the flammable fuel from gas tanks could end up spraying onto other vehicles and people in the area.

According to the National Fire Protection Association and the AAA:
• There were 266,000 car fires in 2004 resulting in 520 deaths.
• Over 1,300 people a year become the victims of car fires.
• 75% of car fires occur because of poor maintenance.
• Motor vehicles contain at least six flammable fluids under their hood that can leak onto hot surfaces, starting a fire.

This is why it is so important that any defect that can lead to a car fire be remedied immediately. And if you or someone you love was injured in a Massachusetts motor vehicle accident involving a fire that was a result of an auto defect, you need to speak with an experienced Boston products liability law firm to explore your legal options.

GM Recalls 1.5 Million Cars For Fire Hazard, Consumer Affairs, April 14, 2009
New Warning to be Issued About Deadly Car Fires, ABC News, October 12, 2005
Related Web Resources:
National Highway Traffic Safety Administation

Car Fires: What you need to know to be safe…, Kids-Safety Continue reading

April 17, 2009

Clergy Sex Abuse Victim Supporters Want Roman Catholic Archdiocese of Boston to Reveal Names of Local Priests Credibly Accused of Molestation and Sexual Assault

by Altman & Altman

The Boston Voice of the Faithful, the Survivors Network of those Abused by Priests, and BishopAccountability.org have sent letters to Cardinal Sean O’Malley of the Roman Catholic Archdiocese of Boston asking for the names of all of its priests who have been credibly accused of sexual abuse. The last count in 2003, conducted by the Massachusetts Attorney General, found allegations had been made against 237 Boston clerics. That was six year ago and the number of priests credibly accused of sexual abuse may have grown.

For example, in New Hampshire, the attorney general released its latest list of priests who have been accused of sex abuse. Compared to its 2003 figures, when there were 67 priests named, there are now 100 priests.

According to BishopAccountability.org, the groups are requesting an updated list of priests who have been “credibly accused” of sexual abuse-such as priests who have been accused of sexual abuse multiple times or of other clergy sex abuse allegations that the archdiocese deems credible. Unfortunately, many Massachusetts priests accused of sexual abuse will never be tried in criminal court because the statute of limitations has expired. Some of these priests may be living freely in communities throughout Massachusetts or still ministering to parishioners, including children, in Boston churches.

According to the US Conference of Catholic Bishops, clergy sex abuse cost $436 million in associated costs in 2008 and $615 million in 2007.

Sexual Abuse
Rape, molestation, incest, and other forms of sexual assault and abuse are violent crimes that can physically, emotionally, and mentally scar the victims for life. It is can sometimes be even more devastating when the abuser is a trusted priest, a teacher, a coach, a family friend, or a family member.

You may have grounds for filing a Massachusetts sexual abuse lawsuit against your perpetrator or the abuser of your son or daughter.

Groups ask Cardinal Sean O’Malley for accused priests’ names, Boston Herald, April 7, 2009
Catholic priest raised red flag a half-century ago, HamptonRoads.com, April 6, 2009
No time limit urged for clergy abuse suits, Seacoastonline.com, March 28, 2009

Related Web Resources:
Boston Voice of the Faithful

Survivors Network of those Abused by Priests

BishopAccountability.org

Archdiocese of Boston
Continue reading

April 14, 2009

Quincy Wrongful Death Lawsuit Seeks $10 Million Over Deadly Blaze Inside Illegal Apartment

by Altman & Altman

The Massachusetts wrongful death lawyer of a woman whose husband and two sons were killed in a fire at an illegal apartment is seeking to attach the assets of landlords Jinny Xiu Ma and Andy Huang. The two property owners are the defendants of the $10 million wrongful death lawsuit filed on behalf of 27-year-old Terri Knight. Knight, who survived the fire, remains in intensive care in Boston. The blaze, which occurred on March 25, claimed the lives of Knight’s spouse, 37-year-old Oudah Frawi, and the couple’s sons, Ali, 1, and Hussein, 1 month.

The fire took place in the family’s basement apartment which, authorities say, was illegally constructed. The unit did not have a safe escape route, lacked smoke detectors, and the house the apartment was in was illegal wired with just four utility meters when in fact six meters were needed because there were six units in the building. The blaze broke out when a sofa in the apartment caught fire, emitting toxic, thick smoke. Knight’s Massachusetts wrongful death lawsuit contends that the family’s apartment was negligently maintained, illegal, and lacked rudimentary protections.

Following the tragic deaths of Knight’s family members, Quincy fire officials began cracking down on illegal apartments. On Freeman Street, they evacuated basement apartments in two houses after discovering six illegal units. They say the code violations at these buildings were some of the worst they had ever seen.

April 9, 2009

Massachusetts Hospitals Racked Up Over 300 Medical Mistakes, Including Fall Accidents, Medication Errors, and Surgical Malpractice, In 2008

by Altman & Altman

According to Massachusetts health officials, 338 medical mistakes occurred in hospitals throughout the state last year. Many of these errors could have been avoided. The findings are part of a study that documents “serious reportable events” in 2008.

Breakdown of the 338 serious reportable incidents occurring in Massachusetts hospitals last year:

• Fall accidents: 224 • Retained foreign objects: 32 • Wrong site: 24 • Serious bedsores: 12 • Medication mistakes: 12 • Sexual assault: 11 • Burn accidents: 6 • Incorrect procedure: 5 • Device or product malfunction: 3 • Attempted suicide or suicide: 3 • Air embolism: 2 • Restraint/bedrail incidents: 1 • Maternal death/disability: 1 • Hyperbilirubinemia in newborn: 1 • Wrong patient: 1
19 hospital fatalities were linked to these kinds of incidents. Nationally, about 90,000 fatalities a year can be attributed to hospital mistakes. The hospital that racked up the most incidents was St. Vincent Hospital, located in Worcester.

The five hospitals with the most events for 10,000 patient days:

• Massachusetts Eye and Ear Infirmary • Fairview Hospital • Martha’s Vineyard Hospital
• St Vincent Hospital, Worcester • Nashoba Valley Medical Center, Ayer
Public Health regulators are quick to caution that consumers shouldn’t think of these results as a quality report card and to consider there may appear to be more serious reportable incidents at certain hospitals because some medical care centers may be more (or less) conscientious about documenting such events.

Some of the hospitals that have been noted for their quantity of serious reportable incidents have been making efforts to remedy the situation. The Department of Public Health began requiring Massachusetts hospitals to report any of 28 adverse medical events beginning January 1, 2008. For example, both St. Vincent Hospital and Norwood Hospital have implemented new measure to prevent fall accidents.

Hospital patient mishaps top 300, Boston.com, April 9, 2009
DPH report reveals hundreds of hospital errors, BostonHerald.com, April 8, 2008

Related Web Resources:
Massachusetts Department of Public Health

To read the full report, Mass.gov Continue reading

April 7, 2009

Two Brockton, Massachusetts Traffic Accidents Result in Serious Injuries

by Altman & Altman

In Massachusetts, two serious Brockton motor vehicle accidents have left its victims with injuries. On Friday morning, two sisters from East Bridgewater got hurt when their compact car was involved in an accident with a tractor-trailer.

19-year-old Esther Martinez sustained a fractured skull, two spinal fractures, brain contusions, serious facial factures, and a broken collar bone. She had 32 stitches on her head. As of Monday, she was reportedly in critical condition at Brigham & Women’s Hospital. Her sister, 21-year-old Cristina Martinez, sustained a broken elbow and wrist.

The deadly Massachusetts tractor-trailer crash happened on Route 24 northbound close to exit 18. The sisters’ vehicle was totaled during the traffic collision. Fortunately, both women were using seat belts at the time of the accident.

In another Brockton traffic accident, a 60-year-old Massachusetts woman suffered serious injuries in a pedestrian accident when she was struck by a car on Monday. The pedestrian was pushed under the vehicle of another driver, whose vehicle was rear-ended by the first vehicle.

NHTSA: 2008 Motor Vehicle Crash Deaths
Motor vehicle crashes continue to be a leading cause of death in Massachusetts and the rest of the country. The US Department of Transportation, however, had some good news to report this week when it issued its 2008 motor vehicle crash death toll.

With 37,313 traffic fatalities occurring last year, there hasn’t been so low a motor vehicle fatality total since 1961 when there were 36,285 deaths. Massachusetts, unfortunately, was named prominently in the update as having the lowest state ranking for seat belt use. While the national average for seat belt use is 83%, Massachusetts’s 68.8% is low, down by 1.9% from 2007.

In Massachusetts, as in 21 other US states, police officers can’t stop a motorist for not using a seat belt. Police can only ticket drivers for not wearing safety belts if they apprehended them for other reasons.

Regardless of whether or not you were using a seat belt, if you were injured in a Massachusetts car collision, bus accident, truck crash, bicycle accident, or pedestrian accident because another motorist or another party was negligent, you have legal options for recovery.

Woman hit by car outside Brockton store flown to Boston hospital, Wicked Local, April 7, 2009
East Bridgewater sisters recovering after serious crash in Brockton, Wicked Local, April 6, 2009
Mass. ranks last again in US for use of seat belts, Boston.com, April 7, 2009
U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009
Related Web Resources:
Early Estimates of Motor Vehicle Traffic Fatalities in 2008, NHTSA, March 2009 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Executive Office of Transportation , Mass.gov Continue reading

April 2, 2009

Brockton Pedestrian Accident Kills 3-Year-Old Boy and Seriously Injures His Mom and Two Siblings

by Altman & Altman

Residents in Brockton are still reeling following Tuesday’s Massachusetts pedestrian accident that killed 3-year-old Christopher Mitchell and seriously injured his mom and two siblings.

The family was crossing North Main Street when they were struck by a black Toyota minivan. As of early this morning, Cindy Mitchell, 28, was reported to be in fair condition at Massachusetts General. Her two other children, 4-year-old Valentino and 6-year-old Angel, were reportedly in good condition.

The Plymouth County District Attorney’s Office says the driver of the minivan, Pierre R. Jeudy is charged with motor vehicle homicide and other charges. The Brockton motorist’s license has been revoked. In the past, Jeudy was cited for minor motor vehicle moving violations, including two citations for failure to stop.

Losing someone you love or watching them suffer as they cope with the losses and injuries they’ve sustained in a Massachusetts traffic accident is hard enough without having to worry about where you’ll get the financial resources to cover medical costs, funeral expenses, recovery costs, lost wages, and other damages. Personal injury recovery or wrongful death compensation can give you the funds you need to help you and your family obtain the services that you need.

While we cannot control the way another motorist drives, there are steps that adults can take to act defensively to prevent Massachusetts pedestrian accidents:

• Cross at pedestrian crossings • Look in every direction to make sure no cars are approaching • Make sure you have the right of way • Stop when you reach a driveway and check that there are no cars coming in or going out • If you are crossing the street with a child, hold his or her hand.

That said, Massachusetts pedestrian accidents can still happen despite our best efforts to prevent them because another party was negligent.

Brockton area residents mourn for 3-year-old killed in pedestrian accident, Wickedlocal.com, April 2, 2009
Van driver that struck Brockton family charged in fatal accident, Boston Herald, April 1, 2009
3 children, woman struck by van in Brockton, Boston Herald, March 31, 2009
Pedestrian safety, Raising Children Network

Related Web Resources:
National Highway Traffic Safety Administration

Pedestrian and Bicycle Safety, FHWA
Pedestrian Injuries to Young Children
Continue reading

March 30, 2009

Massachusetts Woman Sues City of Taunton and Police Officer for Personal Injury and Police Brutality

by Altman & Altman

In Massachusetts, a Taunton woman is suing the city of Taunton and police officer Robert Kramer for personal injuries she sustained from an alleged police brutality incident. In her federal lawsuit, Celine Kaye is seeking unspecified damages for broken ribs, facial fractures, and emotional trauma. She claims Officer Kramer violated her civil rights when he engaged in police brutality, and she is accusing the city of Taunton of neglecting to properly supervise him.

Kaye contends that on August 2007, while watching police officers arrest her daughter’s boyfriend, Kramer beat and kicked her after telling her to go back into her home. The attorney for the city of Taunton disputes Kaye’s claims, maintaining that Kramer is one of the city’s best police officers and that he did not use excessive force on the plaintiff.

Police Beatings

March 26, 2009

Quincy Apartment Where Fire Killed Father and Two Children Was in Illegal Basement and Didn’t Have Sprinklers or Working Smoke Alarm

by Altman & Altman

According to the Quincy building commissioner, the apartment where a man and his two children were killed in a fire on Wednesday was illegally constructed in a basement that did not contain sprinklers or a working smoke detector. Three other families who live in the apartment building say that the smoke alarms in their units also do not work.

The white building, made in 1927 on Robertson Street, was only authorized to house four apartment buildings, yet additional apartments had been constructed in the basement and attic. While there were smoke alarms in building’s hallways, per state law, they had accidentally been deactivated.

Investigators are still trying to find out what caused the fire that ignited a sofa in the basement at around 3am, filling the apartment with thick smoke. While the man, Oudah Frawi, and his two sons, Ali Oudah, 1, and Hassan, 2-months-old, died, firefighters transported his wife Terri Night to Massachusetts General Hospital where she was admitted to the burn trauma unit with critical injuries.

The fire has damaged the building and many residents are currently unable to return to it.

Premises Liability
Apartment landlords are responsible for making sure that all safety devices are installed and are proper working condition on the premises and there are no hazardous or dangerous conditions that could cause injury or death to residents, visitors, or patrons. They also must make sure that there are no inadequate security conditions that could allow for violent crimes to occur on the property.

Some conditions on a premise that could be grounds for landlord negligence if someone gets hurt or dies:
• Lead paint • Asbestos fibers • Broken window • Lack of security measures • Defective pool drain • Nonworking smoke alarms • Electrical hazards
Quincy fire victims died in illegal apartment, BostonHerald.com, March 25, 2009
Quincy fire consumes life made anew in US, Boston.com, March 26, 2009

Related Web Resources:
Inspectional Services Department, City of Boston

Premises Liability Overview, Justia Continue reading

March 24, 2009

Blackstone Woman Wins $6.4 Million Massachusetts Medical Malpractice Verdict

by Altman & Altman

A woman has won a $6.4 million Massachusetts medical malpractice verdict in court. Kimberly Monson, a Blackstone resident, claims that her doctor neglected to treat her properly when she developed a potentially dangerous condition when she was pregnant and as a result, suffered brain damage. Her medical malpractice lawsuit named Dr. Elizabeth Konig and the obstetrician’s former medical practice, Dedham Medical Associates, as defendants.

Monson was 38-years-old and 35 weeks pregnant with her second child when she saw Konig. Monson was experiencing preeclampsia, which affects pregnant woman and can result in high blood pressure.

Preeclampsia is treatable but Monson contends that because Konig neglected to treat her condition correctly, it became so serious that Monson experienced brain bleed. Her baby, fortunately, was delivered safely.

March 18, 2009

Natasha Richardson’s Death a Reminder of How a Seemingly Minor Head Injury Can Prove Fatal

by Altman & Altman

Movie Star Natasha Richardson’s death from a traumatic brain injury she sustained when she fell during a beginner’s ski lesson is a tragic reminder of not just how important it is to use a helmet when skiing or snowboarding, but of how what might appear to be a simple head injury can quickly turn into one that is catastrophic.

The actress was injured on Monday while skiing at a Quebec resort. Though Richardson appeared to be fine after the fall, laughing and talking and walking, she began to complain of feeling pain after arriving back at her hotel room.

She was rushed to the local hospital before being flown back to the US. Richardson died today. She was 45.

A CNN.com article quotes Dr. Carmelo Graffagnino, of Duke University Medical Center’s Neurosciences Critical Care Unit, as explaining how patient might look “deceivingly normal” after hitting his or her head when in fact the person is experiencing bleeding in the brain.

The delay in exhibiting traumatic brain injury symptoms can range from five minutes to three hours after an accident. This type of injury is called an epidural hemorrhage, and doctors have been known to refer to this experience as the “talk and die” syndrome.” It is important that a patient receive medical attention right away to decrease the chances that the brain injury might become permanent or fatal.

If you have hit your head during a car accident, a slip and fall accident, during an assault, or any kind of accident where you suffered a blow to the head-even if you feel fine-it is important that you seek medical attention so that in the event that you are suffering from a more serious brain injury, steps can be taken to treat you immediately . You also may be entitled to personal injury compensation from a negligent party.

Natasha Richardson dies after ski fall, CNN, March 18, 2009
‘Minor’ head injuries can turn serious rapidly, experts say, CNN Health, March 18, 2009