Boston Injury Lawyer Blog

February 21, 2008

Woman Files Products Liability Lawsuit Against Contact Lens Solution Manufacturer Advanced Medical Optics

A Texas woman has filed a products liability lawsuit against Advanced Medical Optics Inc. for its contact lens disinfectant Complete Moisture Plus Multi-Purpose solution’s failure to properly disinfect her contact lenses.

Kimlyn Cline, a contact lense wearer for 35 years, says she always cleans and disinfects her contact lenses properly and that the infection in her left eye occurred because she used the solution. The damages she is seeking include medical costs, loss of income, pain, vision problems, mental and emotional trauma, disfigurement, and legal fees.

A corneal specialist diagnosed Cline’s condition as Acanthamoeba Keratitis. She must now undergo corneal transplant surgery, but she cannot do this until her infection clears.

February 18, 2008

New England Patriots Sued $100 Million for Allegedly Taping Rams Practice

by Altman & Altman

A lawsuit has been filed against the New England Patriots and their coach Bill Belichick for $100 million. The plaintiffs, former St. Louis Rams football player Willie Gary, a Rams seat license holder, and two 2002 Super Bowl ticket holders, claim that the Patriots defrauded St. Louis players and fans when they allegedly taped the Rams practicing. The Patriots won the 2002 Super Bowl against the rams.

The lawsuit claims that the alleged taping helped the Patriots win the Super Bowl, which defrauded Rams players and fans of millions of dollars. A Patriots employee allegedly recorded a Rams walk-through practice the Saturday before the Super Bowl, which took place at the Louisiana Superdome.

The final score was 20-17, and the plaintiffs believe that the Rams might have won the Super Bowl if the alleged taping never happened. The Patriots deny that the taping ever happened.

February 15, 2008

FDA Warns of Connection Between Botox and Botulism-Related Deaths

by Altman & Altman

The Federal Drug Administration wants people to know that the anti-wrinkle drug Botox has been linked to several botulism related-deaths. A number of these victims were children. The warning comes three weeks after
Public Citizen, a consumer advocacy group, cited 180 reported incidents-including 16 deaths-where people who had used Botox experienced pneumonia, difficulty swallowing, or fluid in the lungs. Botox Cosmetics and its competitor Myobloc were named in last week’s FDA warning.

Botox causes nerves to relax because the botulinum toxin injected into a specific area of the body blocks nerve impulses. Sometimes, however, the toxin can spread to other areas of the body, which can weaken or paralyze the muscles needed to breathe or swallow. This can be fatal.

The children who died after using Botox were given the drug to treat spasticity problems in their legs. The FDA is also looking at other reported incidents involving adults that used Botox. One woman who used Botox to hide her forehead wrinkles reportedly had to be hospitalized.

Many adults use Botox injections on their faces to minimize the presence of wrinkles. Botox is also used to treat a number of spasm conditions, such as severe neck spasms or cervical dystonia.

Although Botox labels include a warning about possible botulism toxin and how this can lead to death, the labels only link these potential side effects to people with neuromuscular illnesses.

The FDA is warning Botox users to seek medical attention immediately if they experience any botulism symptoms, including:

• Slurred speech • Problems swallowing • Problems breathing • Problems holding up one’s head • Muscle weakness
FDA: Botox linked to kids’ deaths, MSNBC/AP, February 8, 2008

Related Web Resources:

Group seeks Botox warning following 16 deaths, MSNBC/Reuters, January 24, 2008
Botox, FDA Continue reading

February 14, 2008

Thousands of Massachusetts Drivers Have Been Involved In Multiple Motor Vehicle Accidents

by Altman & Altman

Approximately 87,000 Massachusetts drivers have been in at least two motor vehicle accidents from 2002 through June 2007. 8,400 of these drivers have been in three crashes. Some 1,100 were in four auto collisions. Some 220 people have been in at least five accidents. Yet a number of these drivers continue to return to the roads. There are 4.7 million Massachusetts drivers.

The Boston Globe looked at 750,000 accident records from the Registry of Motor Vehicles. According to the study:

• Males are more frequently involved in motor vehicle accidents than females.
• Drivers 25 years of age and under are involved in 30% of the crashes.
• Fridays, after midnight, and after rush hour are the times when accidents are most likely to occur.

According to state and public safety officials, common causes of motor vehicle accidents in Massachusetts include:

• Negligence • Aggressive driving
• Driver inexperience • Bad road designs • Bad weather
In one recent deadly hit and run accident, the driver, Craig P. Bigos had at least six tickets and two motor vehicle crashes on his driving record. He was also driving with an expired license. Bigos allegedly hit a 13-year-old pedestrian while text messaging. He faces a motor vehicle homicide charge.

In 2004, a repeat offender heading to a methadone clinic struck a 55-year-old man in Kingston. In 2005, a 76-year-old Upton farmer, who has been in five accidents in six years, drove his tractor into a truck driven be an off-duty cop.

Accidents waiting to happen, Boston.com, February 10, 2008

Related Web Resources:

Massachusetts Registry of Motor Vehicles

2004-2006 Massachusetts Crash Statistics
Continue reading

February 12, 2008

Jury Awards Brain Damaged-Massachusetts Woman Hit by MBTA Bus $10 Million Personal Injury Verdict

by Altman & Altman

A jury in Massachusetts has awarded Louise Scialdone, a 58-year-old Somerville resident, $10 million in her personal injury lawsuit against the Massachusetts Transportation Bay Authority (MBTA). The total sum, interest included, is nearly $12.8 million.

Scialdone sustained a traumatic brain injury when an MBTA bus hit her on February 4, 2004. Scialdone used work with the Massachusetts Department of Transitional Assistance as a clerk.

Scialdone had a walker because she suffers from arthritis. She was struck while waiting for the bus at the stop on McGrath Highway.

February 8, 2008

$67 Million John Ritter Wrongful Death Lawsuit Goes to Court

by Altman & Altman

This week, attorneys involved in John Ritter wrongful death lawsuit began jury selection. The case finally goes to court more than four years following the September 2003 death of the beloved actor.

The late actor’s wife, actress Amy Yasbeck, and his children are suing cardiologist Joseph Lee and radiologist Matthew Lotysch, who both treated the actor. The trial will take place at Los Angeles County Superior Court in California.

Lotysch saw the actor in 2001. After conducting a body scan, the radiologist reported that there was nothing wrong with Ritter’s aorta but recommended that he see a cardiologist. Ritter did not pursue further treatment after Lotysch’s diagnosis. Ritter’s family says that Lotysch should have noticed that his aorta was enlarged.

February 7, 2008

8-Year Old Massachusetts Girl in Medically Induced Coma After Being Struck by Elderly Voter in Car

by Altman & Altman

8-Year-old Brittany Noel suffered internal injuries and a fractured skull after being struck by an SUV in the schoolyard at E.G. Lyons Elementary School in Randolph, Massachusetts on Tuesday. She was placed in a medically induced coma at Boston Medical Center last night.

The man driving the 2001 Ford Escape was 86 year-old William Geisler, who was trying to park his car at the school so he could vote. He appears to have lost control of his SUV, which he drove through a grassy area before it hit the second grader.

About 70 students witnessed the accident. Some of them had to jump out of the way to avoid being struck by Geisler’s vehicle. A number of the children were reportedly traumatized from watching the motor vehicle accident. Emergency personnel had to pull the SUV off Brittany.

Geisler already has had two citations for speeding. He received one citation in Norwood in 1987 and another citation in 1995 in New Hampshire.

Elderly Drivers
Although elderly drivers are generally less inclined to speed or drive aggressively, their reflexes can slow down. While many elderly drivers are perfectly able to drive their motor vehicles into their 80’s or 90’s, there are senior drivers whose driving abilities start to fail.

Problems That Can Occur to Senior Drivers:

• Hearing problems • Visual problems • Drowsiness • Brain impairment • Dementia • The side effects that come from taking prescription medication
Although these side effects are not the fault of the elderly driver who is experiencing them, when any of these problems are the reason that an elderly driver loses control of a car, runs over a pedestrian, or strikes another motor vehicle, he or she may be held liable for personal injury or wrongful death.

If your child was injured in a car accident, a bus accident, a truck crash, or a motorcycle collision. You and your family may be entitled to recover personal injury compensation.

Girl, 8, hit by car at school poll, Boston Herald.com, February 6, 2008
Children scatter as SUV crashes at school, injuring girl, Boston.com, February 6, 2008
Related Web Resources:

Elderly Drivers, Insurance Information Institute

Senior Citizen Driving: Warning Signs and Helping an Unsafe Driver Stop Driving, Helpguide.org Continue reading

February 5, 2008

90-Year-Old Boston Woman Dies in Pedestrian Accident While Crossing Massachusetts Avenue

by Altman & Altman

Bert Hirschberg, a 90-year-old Boston grandmother and women’s rights activist, died while crossing Massachusetts Avenue when she was struck by a car.

Hirshberg used a walker to get around. She was crossing the avenue, located close to her apartment, when she was hit by a Toyota. Heavy rains were pouring onto the roads at the time the Boston pedestrian accident occurred.

Hirshberg was transported to Boston Medical Center, where she died the next day. The 90-year-old activist also championed local arts and underprivileged children. Police gave the driver of the Toyota that struck Hirschberg a citation for failing to yield to a pedestrian.

The National Highway Traffic Safety Administration says that of the 4,784 pedestrian deaths that took place in 2006, 966 of the victims were elderly persons, ages 65 and over. Some 6,000 seniors were also injured in pedestrian accidents that year.

One of the reasons that older pedestrians are at high risk of being struck by a motor vehicle is because their reflexes, perception, and eyesight can deteriorate the older they get. Older people also take a long time to recover from any injuries.

Safety Tips for Elderly Pedestrians:

• Cross the street at the corner or crosswalk.
• Continue to watch both sides of the street even when crossing at a crosswalk.
• Watch for oncoming traffic as you cross the street.
• Wear bright clothing that makes it easy for drivers to see you.

Although pedestrians must exercise caution when crossing the street, car drivers, motorcyclists, truckers, and bus drivers are responsible for exercising the proper care when operating their motor vehicles on the roads. It is important for drivers to be on the lookout for any pedestrians-especially at night or during rain or snow storms. When a driver’s carelessness or negligent actions, such as drunk driving, speeding, driver inattention, or driver error, leads to the serious injury or death of a pedestrian, the driver can be held liable in a Massachusetts personal injury or wrongful death case.

Activist Bert Hirshberg, 90, killed in tragic accident, Boston Herald, February 5, 2008

Focusing on the Senior Pedestrian, U.S. Department of Transportation

Related Web Resources:

Traffic Safety, NHTSA
Street Smarts for Seniors, Canada Safety Council
Crash Statistics, PEDSAFE Continue reading

January 31, 2008

Wrongful Death Lawsuit Filed in Death of Boy Who Drowned In Pool Drain Suction Accident

by Altman & Altman

The parents of Zachary Cohn, a six-year-old boy who died last July after his arm got stuck in an underwater suction drain in the deep end of their swimming pool, have filed a wrongful death lawsuit against the town of Greenwich, Connecticut, Shoreline Pools, as well as several other defendants.

According to the lawsuit, Zachary’s father Brian and another person tried to pull the boy free but the suction of the drain was too strong. The mechanism to shut off the suction could not be located in time. His mother, Karen Cohn, turned off the power to the house and the pool but it was too late.

According to the wrongful death lawsuit, the swimming pool did not meet minimum safety standards and had a number of serious code violations-all of which increased the chances of fatalities occurring in the pool.

January 30, 2008

Boston Wrongful Death Lawsuit Is Filed After 86-Year-Old Dorchester Woman Sustains Fatal Head Injury In Operating Room Table Fall

by Altman & Altman

The family of Catherine O’Donnell, the 86-year-old woman who died after falling from an operating room table at Boston Medical Center in Massachusetts, has filed a wrongful death lawsuit against the doctor, two nurses, an orthopedic resident, and an anesthesiology resident-all who were in the operating room at the time.

O’Donnell was undergoing orthopedic surgery on October 6 when she fell through a gap in the surgical table she was on. A nurse had removed the safety strap around O’Donnell to move her to a hospital bed when the fall accident occurred.

O’Donnell sustained a massive head injury. A second surgery had to be performed to try and stop the internal bleeding in her brain. Her family removed her from life support on October 13 after doctors told them that recovery was unlikely.