Boston Injury Lawyer Blog

July 25, 2008

Massachusetts Supreme Court Rules That Doctors Are Liable if They Reduce a Patient’s Survival Odds

On Wednesday, the Massachusetts Supreme Court issued a ruling that doctors can be held liable for medical malpractice if they do anything to lessen a patient’s chance of survival. The ruling upholds the “loss of chance” doctrine that holds medical professionals liable even if a patient’s recovery odds were already less than 50%.

While the ruling should allow certain malpractice victims to increase their chances of obtaining compensation from the liable parties, the state’s highest court was careful to emphasize that their decision only applied to claims where medical negligence/malpractice had decreased the victim’s recovery chances.

The ruling comes from the appeal of a case in which a jury ruled that a doctor’s negligence had prevented a plaintiff from having a less than even chance of surviving gastric cancer. Kimiyoshi Matsuyama reportedly told his doctor several times, over the course of several years, that he was experiencing stomach pains. His physician, however, did not order diagnostic tests until 1999. Matsuyama died five months after he received his diagnosis.

July 21, 2008

Parents of Deceased Boston Teen Want to Know if Product Defect Caused Ventilator to Shut Down

by Altman & Altman

The family of Fernando Vargas, an East Boston teenager who died after his ventilator turned off during a power shortage last week, wants to know if his death occurred because the medical device was defective.

A preliminary police probe found that the ventilator’s backup battery failed during the two-hour power failure that occurred last week. The ventilator will be tested to find out what caused the malfunction. New England Home Therapies, the MassHealth Contractor that supplied Vargas with the ventilator, says it will send the device back to manufacturer Pulmonetic Systems for testing.

While Vargas’s ventilator has the same model number as one of four models included in the 2004 recall of about 10,000 Pulmonetic Systems ventilators, it is not clear whether the ventilator’s serial number is also a match. The recall occurred following approximately 30 reports of the backup battery malfunctioning during a power outage.

Pulmonetic also had voluntarily recalled 1,129 cable adapters that were supposed to fix the defect that led to the ventilator recall after it received reports that the new device was not letting the ventilator repower after the internal battery had been drained.

Medical devices that have been the source of products liability lawsuits include:

• Guidant Pacemakers • Dialysis Machines • Hernia Patches • Hip Prosthetics • Cosmetic Implants • Stents • Orthopedic Implants
Late teen’s stopped ventilator sent for tests, July Boston.com, July 21, 2008

Related Web Resources:

Pulmonetic Systems

Frequency, Causes, and Outcome of Home Ventilator Failure, ChestJournal.com Continue reading

July 17, 2008

Massachusetts Man that Struck Pedestrian in Hit-and-Run Accident May Have Been Text Messaging

by Altman & Altman

In Massachusetts, Michael Faria, the man charged in connection with a fatal hit and run accident in Easton on Saturday may have been text-messaging when the accident occurred.

According to a Bristol County prosecutor, Faria told a friend that he was texting on his cell phone when his car struck John McCarthy. The 58-year-old pedestrian had been walking close to Washington Street when he was struck.

Prosecutor Jessica Lennon says that Faria’s failure to call for help may have been the cause of McCarthy’s death-who may have survived the accident if he had received medical help sooner. Another motorist contacted 911 about 25 minutes after the accident happened.

McCarthy was wearing a reflective vest when the accident happened. Easton police believe that he was on the shoulder of the road when Faria allegedly struck him. While no one witnessed the accident, police found a small fragment from what was the wheel well of a black Infinity SUV.

Easton police publicized the information, and they received an anonymous phone call on Monday that eventually led them to Faria, who turned himself in after several hours of negotiations over the phone.

Faria pleaded not guilty to homicide by motor vehicle, leaving the scene of the accident, and operating to endanger.

Driver negligence and inattention are common causes of catastrophic injury accidents to pedestrians and other motorists. All motorists are required to exercise a reasonable duty of care when behind the wheel. When failure to fulfill this care leads to serious injury or death, a driver can be held liable for personal injury or wrongful death.

Examples of motorist negligence:

• Failure to obey traffic signs or laws • Drunk driving • Speeding • Failure to exercise caution on the road • Text messaging or talking on the cell phone while driving • Reckless driving • Hit and run
• Leaving the accident scene
Prosecutor: Hit-and-run defendant was text-messaging, Boston.com, July 16, 2008
Fatal hit-run puts scrutiny on texting, BostonHerald.com, July 17, 2008

Related Web Resources:

Outlawing Text Messaging While Driving, US News and World Report, February 11, 2008
The Tragedy of Fatal Hit and Run Accidents on America’s Deadly Roads, Deadly Roads.com Continue reading

July 15, 2008

Taunton Nursing Home Residents and Workers Sent to Hospitals After Exposure to Carbon Monoxide

by Altman & Altman

In Massachusetts, 38 elderly residents and eight workers at the Taunton Nursing Home complex were sent to local hospitals after high levels of carbon monoxide was found in the building.

Firefighters had to removed approximately 80 people from the building, evacuating the home’s north and old wings. Fire Chief Leman W. Padelford said that carbon monoxide sensors detected levels of CO of up to 120 parts per million, which is a high level of potentially fatal gas. A normal reading is below 10 parts per million. The source of the gas is under investigation.

Nursing Home Administrator Chuck Crush says that he thinks the gas came from a generator on the property that automatically kicked in when a power failure affected the city and that several air conditioners may have sucked in the carbon monoxide.

Carbon Monoxide Poisoning
CO is a gas without color or odor. It is the number one cause of accidental poisoning deaths in the US and is called the “Silent Killer.”

According to the CDC, some 15,000 are hospitalized each year and about 500 people are killed because of exposure to carbon monoxide. Signs of carbon monoxide poisoning include fatigue, nausea, and headaches. Exposure to CO for a long time can result in brain damage and death.

Common Scenarios Where People Risk Exposure to CO:

• Using generators or heating sources when the power is out • Backdraft from a boat • Riding in the back of an enclosed pickup truck • Working at the scene of a fire • Working with combustible gases or combustion engines in an inside setting
Dozens taken to hospitals after Taunton carbon monoxide incident, Boston.com, July 15, 2008
Carbon Monoxide Poisoning, Emedicinehealth.com

Related Web Resources:

Protect Your Family and Yourself from Carbon Monoxide Poisoning, Indoor Air Quality
Carbon Monoxide Poisoning, CDC Continue reading

July 11, 2008

Over 30 Million Motor Vehicle Tires May Have Defective Valve Stems

by Altman & Altman

A recent WCBV report discussed the possibility that there could be over 30 million defective tire valve stems on motor vehicles currently in use. A valve stem is a rubber part that is inserted into a tire so that air can be pumped into it. If there is a flaw in the rubber, however, a tire can rupture or deflate, and a flat tire or an auto crash can result.

One man, 31-year-old Robert Monk, died last November when his SUV flipped over. The cause of the rollover, according to investigators, was tire failure due to loss of air pressure. As a result, Monk lost control of the vehicle. His family has filed a wrongful death lawsuit against Discount Tire Co. and Dill Air Controls Products, LLC.

Following the deadly crash, Dill Air Controls Products told service centers that the cracked valve stems had come from a factory in China. Motor vehicle drivers, however, were not notified of the problem. Another company that also obtained valves from the same Chinese factory recalled six million cracked valves. Dill says there could be 30 million defective valves out on the roads.

While the initial hazard was thought to involve only replacement tires, WCBV found that the tires on some brand new cars may also come with the same defect. Several weeks ago, the National Highway Transportation Safety Administration demanded that Dill turn over its list of customers.

Tire defects can result in flat tires, tread separation, tire blowouts, and vehicle rollovers that can lead to serious injuries if the vehicles becomes involved in an auto accident. Injuries can include broken bones, paralysis, anoxic brain damage, closed head injuries, spinal cord injuries, and death.

Potential Defect Threatens More Than 30 Million Tires, TheBostonChannel.com, June 23, 2008
Fatal Rollover Prompts Probe into Chinese-Made Tire Valve Stems Safety, Forbes.com, June 12, 2008

Related Web Resources:

Read the Wrongful Death Action (PDF)

Read the Summary of the NHTSA’s Investigation (PDF)
Continue reading

July 9, 2008

Two People Injured In Bridgewater, Massachusetts After Their Motorcycle is Hit by a Car

by Altman & Altman

Two people riding a 1995 Harley-Davidson were injured on Monday in Bridgewater after they were hit by a car while stopped at a red light at the intersection of Main and High streets. The driver of the motorcycle, Valdemar Cordeiro, sustained head trauma, and his passenger, Kelly O’Brien, sustained leg injuries. Both of the them were taken to local hospitals for medical attention following the Massachusetts motorcycle accident.

The driver of the car, 38-year-old Kevin Quigley, did not stop after striking the motorcycle. He was later apprehended by police, who claim that he at first gave a relative’s name and birth date and said he had not been at the accident scene.

Quigley was arrested and charged with one count of operating under the influence of alcohol for a fifth offense, two counts of operating under the influence of alcohol causing serious injury, failure to stop at a red light, negligent operation of a motor vehicle, a marked lanes violation, and giving a false name to a police officer.

Motorcycle Accidents
Motorcyclists and their passengers are prone to serious injuries when involved in a traffic accident with a car, truck, or bus. You are entitled to personal injury compensation if you are a motorcyclist injured because another party was negligent.

Injuries that can occur during a motorcycle accident:

• Broken bones • Back injuries • Spinal cord injuries • Brain injuries • Road Burns • Disfigurement • Coma
• Emotional and mental trauma • Burn injuries
Two on motorcycle injured when hit by a car in Bridgewater, Enterprisenews.com, July 9, 2008

Related Web Resources:

Motorcycle Accident Cause Factors and Identification (PDF)

National Agenda for Motorcycle Safety
Continue reading

July 3, 2008

Archdiocese of Boston Files $10 Million Products Liability Lawsuit Against Whirlpool

by Altman & Altman

In Norfolk Superior Court, the Roman Catholic Archdiocese of Boston filed a products liability lawsuit against Whirlpool seeking $10 million for compensation related to a seven-alarm refrigerator-caused fire that destroyed the Sacred Heart Church in Weymouth on June 9, 2005.

The lawsuit accuses Whirlpool of negligence and knowing that it was placing the 134-year-old church under unreasonable risk of harm. The Archdiocese is alleging that the company breached its implied warranty because the refrigerator was in a defective state and therefore hazardous and that the home appliance manufacturer should have known or knew that it had subjected the church to unreasonable risk.The complaint also accuses Whirlpool of violating the Massachusetts Consumer Protection Act.

It cost over $10 million to rebuild the church, which was burned to the ground. The Weymouth Fire Department, Weymouth Police Department, the Office of the State Fire Marshall, and the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted a joint investigation. A malfunction in an old refrigerator in the church basement was determined to be the cause of the fire.

June 26, 2008

Massachusetts Woman Injured in Green Line Train Accident Last May FIles Injury Lawsuit Against the MBTA

by Altman & Altman

Min Perry, a woman who sustained serious injuries in the last month’s Green Line train crash in Newton is suing the Massachusetts Bay Transportation Authority for personal injury.

Perry sustained leg fractures and other injuries after she was pinned underneath scrap metal when the Green line trolley she was riding in collided with another train on May 28. Special equipment had to be used to extricate the 37-year-old accident victim, who was sitting behind the train operator, from the wreckage.

Several other people sustained serious injuries, and the train operator, 24-year-old Boston resident Terese Edmonds, died in the crash.

June 23, 2008

Atlantic Union College Choir Director Settles Massachusetts Sex Abuse Lawsuit

by Altman & Altman

A well-known Massachusetts retired music professor has reached a settlement agreement with five plaintiffs-four students and a consultant-that sued him for sexual abuse. Former Atlantic Union College choir director Francisco de Araujo reportedly settled the case through mediation.

The lawsuit, filed in Worcester Superior Court in January, named de Araujo, Atlantic Union College, and Atlantic Union Conference of Seventh-day Adventists Board of Trustees Head Donald G. King, and former AUC President George Babcock as defendants in the case. Mr. De Araujo is internationally recognized for his musical performances and choral direction and is called “Maestro.”

The lawsuit accuses him of sexual abuse and inappropriately touching the plaintiffs. The suit also alleges that the college knew that the former music professor had a history of sexually predatory behavior but either ignored complaints or got rid of the men that did complain. The plaintiffs are also accusing AUC of firing workers that opposed the abuse and participating in libel and slander against the students that accused Araujo of abuse. One student claims he lost his scholarship after he denied Araujo’s sexual advances. Araujo, who retired in 2007, denies the accusations.

June 18, 2008

Boston Firefighter’s Widow Sues Chinese Restaurant for Wrongful Death in Massachusetts

by Altman & Altman

In Massachusetts, the widow of Paul Cahill, one of two Boston firefighters who died while battling a fire at Tai Ho Restaurant last year, is suing the Chinese restaurant for his death and citing premises liability. Also named in the wrongful death lawsuit are the owner of the building and J & B Cleaning.

Plaintiff Anne Cahill alleges that the companies either knew or should have known that grease-build up in a kitchen exhaust pipe could pose a potential fire risk, which could have been prevented. The grease fumes are believed to have caused a fireball on August 29, 2007, killlng Cahill and firefighter Warren Payne and sending 12 other firefighters to local hospitals.

It was an hour after the fire had ignited before firefighters were called to the scene. Fire officials say that there was grease and toxic fumes in an 8-inch space of the restaurant’s ceiling.

J & B Cleaning was contracted to clean the hood cover, stove area, roof fans, and the floor beneath the stove. A company spokesperson says that prior to the fire, the company had last cleaned the areas on June 21 and that the next cleaning was scheduled for September.

The city of Boston was barraged by criticism after the tragic accident because Tai Ho Restaurant had been eight months overdue for an inspection when the fire happened. Six other businesses suffered property damage from the blaze, including the Continental Shoppe, Ferns By Sheila Cobb , and L’Essence Art Gallery.

Although you cannot sue your employer if you were injured on the job, there may be third parties that can be held responsible for your injury accident. If your loved one died in a work accident, you are eligible for death benefits under Massachusetts’ workers’ compensation law.

Property owners and managers must make sure that a premise is safe from hazards that can cause serious injury or death to patrons, residents, visitors, customers, or workers. Failure to exercise this duty of care can lead to personal injury or wrongful death claims if someone is injured or killed as a result.

Firefighter’s widow files lawsuit, Wicked Local, June 13, 2008
Premises Liability, Justia
Related Web Resource:

Workers’ Compensation Insurance
Continue reading