Boston Injury Lawyer Blog

December 4, 2007

Two Massachusetts Women Are Killed in Deadly Wareham Car Collision

Sagamore residents Kelly Downing and Jayne Hill died on November 29 after their motor vehicle was hit by a Ford Taurus driven by 61-year-old Carol Ducey in Wareham, Massachusetts.

Police think that the fact that Ducey, a Wareham resident, may have had a seizure or stroke while driving, which is what could have caused her to lose control of her car.

Ducey’s Taurus reportedly first crossed the double yellow lines and struck a Lincoln Navigator and a Cape Cod Express truck on Cranberry Highway. The drivers of both those motor vehicles were not injured.

The Taurus, traveling at 60-80 miles an hour, then rammed a street sign and mailbox before striking the Saturn Sedan that Downing and Hill, who had just finished breakfast, were riding in. Their car was totaled. Both women leave behind two 12-year-old daughters.

Ducey was seriously injured in the car crash.

Accidental deaths unfortunately do happen even when the person responsible would never ever dream of intentionally harming another person.

In these instances, the family of the person who died may be able to hold the negligent party civilly liable for the wrongful death.

In Massachusetts, surviving family members can file a wrongful death claim or lawsuit against the party responsible for causing their loved one’s death.

Under the General Laws of Massachusetts, CHAPTER 229. ACTIONS FOR DEATH AND INJURIES RESULTING IN DEATH, a person can be sued for wrongful death if:

1) by his negligence causes the death of a person;
(2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted;
(3) operates a common carrier of passengers and by his negligence causes the death of a passenger;
(4) operates a common carrier of passengers and by his willful, wanton or reckless act causes the death of a passenger under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted; and (5) is responsible for a breach of warranty arising under Article 2 of chapter one hundred and six which results in injury to a person that causes death.

Two women dead, a third seriously injured, in Wareham car accident, SouthCoast Today, November 30, 2007
Chapter 229: Section 2. Wrongful death; damages, The General Laws of Massachusetts

Related Web Resources:

Massachusetts Highway Department

Massachusetts Highway Crash Statistics
Continue reading

December 3, 2007

Study Reports that Kids Riding ATVs at High Risk of Injuries

by Altman & Altman

The Consumer Product Safety Commission says that 40,400 children were treated for ATV accident-related injuries at emergency rooms throughout the United States in 2005.

According to a study presented by Dr. Cheten Shah of the Arkansas Children’s Hospital, the injuries sustained by children on ATV’s can be potentially disabling. Dr. Shah presented the study’s findings at the annual Radiological Society of North America meeting.

500 children and teenagers that were injured in ATV accidents were examined as part of the study. Here are some of the findings:

• The number of ATV injuries doubled from 1998 to 2006.
• 208 out of the 500 children and teens examined for the study sustained bone fractures as a result of ATV accidents.
• Head injuries-66 bleeding in the brain injuries, 85 skull fractures, and 59 children with brain damage-were also common.
• 12 cases resulted in amputations.
• 6 children died (the study did not include children who died before arriving at a hospital)
• Some of these injuries resulted in permanent damage or disabilities.
• The eyes of two children were so badly damaged that they were removed.
• There were 5 spinal cord injuries and 21 spinal fractures.
• 70 kids sustained injuries to the liver, spleen, pancreas, or kidneys.
• 36 children sustained lung injuries.

The youngest child examined for the study was a 6-month-old who rode the ATV while his mother drove. The toddler sustained a thigh injury. The youngest driver, a 2-year-old, lost four toes. Another 2-year-old driver experienced severe brain hemorrhaging and now has a permanent disability.

The American Academy of Pediatrics is recommending that kids younger than 16 years of age not be allowed to operate or ride an ATV. Experts say children lack the coordination skills to operate an ATV safely. Supporters of ATV riding, however, claim that ATVs are safe for use by children if they wear the corrective protective gear and are supervised properly.

If your child was injured because of a defective or dangerous product, you may have grounds to file a products liability claim or lawsuit. The manufacturer of any product is required to warn users of any known hazards that can result in injury to death. “Failure to warn” can also be grounds for a products liability claim.

Experts: ATVs not safe for children, USA Today, November 26, 2007
Doctor warns ATVs not safe for children, Arkansas Democrat Gazette, December 3, 2007

Related Web Resources:

Massachusetts Recreational Vehicle Safety Laws

All-Terrain Vehicle (ATV) Safety, NSC.org Continue reading

November 27, 2007

Massachusetts State Troopers Responsible for Almost 500 Motor Vehicle Accidents Since 2000

by Altman & Altman

A WBZ-TV report states that Massachusetts state troopers are responsible for close to 500 of the motor vehicle crashes that have occurred on state roads since the turn of the century.

According to the study, close to 120 police officers have had at least four accidents since 2000, with speeding, inattentiveness, and following other vehicles too closely being among the common causes.

State police information shows that most of these collisions took place when troopers were heading to work or during regular patrols and when the weather and roads were in good condition.

In more than half of the crashes that took place, senior state police cleared the officers involved in the motor vehicle collision from blame. Senior officers found police partially to blame in only 7% of cases. Troopers were found responsible for 19% of the accidents.

Just because police are allowed to chase after suspects doesn’t mean they should not be held accountable when a person is injured because a police officer was negligent, careless, reckless, or speeding unnecessarily.

Police chases are sometimes unavoidable. It is unfortunate, however, that 33 to 40% of the people hurt or killed in police chases are innocent bystanders that just happen to be on the road-either as a pedestrian or a motorist-when the pursuits have taken place.

If you or someone you love was hurt anywhere in Massachusetts because a motor vehicle driver was negligent-even if the driver was a police officer-you should speak with a Massachusetts personal injury lawyer right away to find out if you have grounds to file a personal injury claim or lawsuit.

In 2006, there were 38,588 deadly motor vehicle collisions in the United States resulting in 42,642 deaths. Not only did these people lose their lives but their loved ones’ lives were altered irrevocably also.

You are entitled to wrongful death compensation if your loved one died on a Massachusetts road because of a negligent driver. There may even be more than one party that can be held liable for the personal injury accident.

Report: Troopers Have Caused Nearly 500 Crashes in Last 7 Years

Fatality Analysis Reporting System, NHTSA

Related Web Resource:

National Highway Traffic Safety Administration
Continue reading

November 25, 2007

Cedars-Sinai Medical Center Gives Actor Dennis Quaid’s Twins Massive Heparin Overdose

by Altman & Altman

The newborn twins of movie star Dennis Quaid are recovering from a massive overdose of a blood-thinning drug that they received while at Cedars Sinai Medical Center in Los Angeles, California.

The two-week old twins, Zoe Grace and Thomas Boone, and another child were accidentally given 10,000 units of Heparin, instead of the 10 units that babies are supposed to receive.

TMZ.com reports that the babies started “bleeding out” after they were given the overdose.

Cedars-Sinai Medical Center is one of the top hospitals in the United States. On Wednesday, the hospital apologized for the mistake, which it called a “preventable error.”

Heparin is an anticoagulant that is used to prevent blood clots and clean IV tubes. According to Dr. Michael Langberg, Cedars-Sinai chief medical officer, the three babies are recovering and were treated with a drug that reverses Heparin’s effects.

A patient who is injured because he or she was given too much or not enough medication could have grounds to file a medical malpractice case against the doctor and/or hospital that made the medical error.

Last year, three premature babies died at Methodist Hospital in Indianapolis when they were given 1000 times the strength of Heparin than they should have received. The mistake happened because a pharmacy technician had put vials with the stronger dose of Heparin in the wrong cabinet and no one noticed the mistake.

The label for the correct dose should have said “Hep-lock” instead of “Heparin,” and the medication was dark blue in color, instead of baby blue. Three other babies, who were also given too much Heparin, survived.

Approximately 1.5 million people a year are injured because of medication errors that occur in hospitals, nursing homes, and doctors’ offices. A 1999 study showed that some 7,000 deaths occur because of drug errors. Many errors are preventable.

Poor handwriting on prescriptions, pharmacy error, mix-ups at hospitals, and prescribing the wrong drug because its name is similar to the correct drug are some common causes of drug errors.

Medical malpractice cases involving drug errors are complex cases to prove. This is why you need an experienced medical malpractice attorney who is experienced in handling cases involving medical errors and drug errors.

Dennis Quaid twins recovering from medical overdose, Reuters, November 22, 2007
Drug errors injure more than 1.5 million a year, MSNBC.com/AP, July 20, 2006
How drug mix-up that killed 3 babies happened, MSNBC.com, September 22, 2006

Related Web Resources:

Cedars-Sinai Medical Center

Heparin: Overdose and Contraindications, Rxlist.com
Families upset over new Heparin overdose cases, MSNBC.com, November 22, 2007 Continue reading

November 20, 2007

Federal Judge Says FBI is Liable In 1982 Wrongful Death Murders by Winter Hill Gang in Massachusetts

by Altman & Altman

In Boston, US District Judge Reginald C. Lindsay issued a ruling yesterday that held the FBI responsible for the 1982 execution-style killings of two men who were allegedly murdered by the Winter Hill gang. The judge called on prosecutors to negotiate wrongful death settlements with the families of the two men.

The federal judge pointed to evidence of liability when it cited several high-profile cases in which the government said that Michael Donohue and Edward Brian Halloran were killed because a rogue FBI agent told James “Whitey” Bulger, a fugitive mobster, that Halloran was an informant.

Judge Lindsay said wrongful death trials were not needed to determine whether the government should be held liable in the slayings of the two men. He also told Prosecutor Andrew Kaplan to tell the US Department of Justice that it should settle not only the Donahue and Halloran lawsuits, but also at least four other wrongful death lawsuits filed by families of people allegedly murdered because of the way the FBi mishandled Bulger and other criminal informants.

November 19, 2007

Some 44,000 Massachusetts Residents Suffer From Traumatic Brain Injuries Caused by Accidents

by Altman & Altman

Every year, around 44,000 Massachusetts residents suffer from traumatic brain injuries (TBIs) caused by accidents. Car accidents, truck accidents, pedestrian accidents, fall accidents, sporting accidents, shaken baby syndrome, and physical assaults are some of the common accidents that can lead to TBIs.

A traumatic brain injury from an accident is usually caused by a jolt or blow to the head area. A brain injury can be located in just one area of the brain or diffused over more than one area. Traumatic brain injury symptoms can range from mild to severe and will vary depending on the degree of damage sustained by the brain.

TBI symptoms can include:

• Numbness • Problems communicating • Difficulty swallowing • Difficulty thinking clearly • Difficulty paying attention • Poor judgment • Problems sleeping • Headaches • Nausea • Fatigue • Balance problems • Ringing in the ears • Amnesia • Mood swings • Sexual dysfunction • Seizures
Traumatic brain injuries can be temporary or permanent-again, depending on the seriousness of the TBI. Paralysis, coma, behavioral and emotional problems, the impairment of regulatory functions in the body, psychological trauma and difficulties, and death can also result.

TBI’s can be life altering and traumatic for TBI victims, their family, and friends. The recovery services and/or long-term care required to treat a TBI can be very expensive. This is why it is so important that you speak to an experienced Massachusetts traumatic brain injury lawyer right away. Your TBI attorney can prove that your brain injury was sustained in an accident that was caused by another party’s negligence or carelessness. You may be entitled to receive personal injury compensation for your TBI.

You cannot afford to handle this type of case without a personal injury lawyer. TBI injuries are complicated to prove, and your TBI attorney can work with experts who know how to determine the extent of your injuries and how much medical care and recovery you will need.

Brain Injury Survivors Come to Grips with New Lives, Boston.com, November 18, 2007
What is a Traumatic Brain Injury, Brain Injury Association of Massachusetts

Related Web Resources:

Brain Injury Types, Head Injury.com
Traumatic Brain Injury, National Institute of Neurological Disorders and Strokes Continue reading

November 17, 2007

Coronor Says Rapper Kanye West’s Mother May Have Died From Cosmetic Surgery or Anesthesia

by Altman & Altman

A preliminary autopsy by the Los Angeles County coroner reveals that rapper Kanye West’s mother may have died because of cosmetic surgery or anesthesia related to the surgery.

Donda West, 58, received cosmetic surgery from Dr. Jan Adams, a well-known Brentwood, California plastic surgeon who has been seen on TV shows, including “Extra” and “Oprah.” He hosts his own show about plastic surgery on the Discovery Health Channel. His show was pulled after West’s death.

After her surgery, West was sent home to recover. Paramedics rushed her to a Marina del Rey hospital the following day. She died at the hospital.

Dr. Jan Adams has settled at least two major medical malpractice lawsuits in the past. He also has multiple criminal convictions for alcohol-related offenses. Earlier this year, the Medical Board of California and the state attorney general’s office served Dr. Adams a complaint seeking to suspend or revoke his medical license.

The American Society for Aesthetic Plastic Surgery says that nearly 11.5 million cosmetic nonsurgical and surgical procedures took place in the U.S. last year. Botox injections and liposuction being are two of the most popular cosmetic procedures.

Cosmetic Surgery Malpractice
Every kind of surgery carries a certain risk-especially if errors or complications occur during the procedure. In plastic surgery, errors by a plastic surgeon can lead to injuries, including scarring, disfigurement, tissue malfunction, and death.

Common mistakes that can lead to grounds for a plastic surgery malpractice claim or lawsuit include:

• Surgeon inexperience or carelessness • Poor surgical training • Anesthesia errors • Disfigurement • Prolonged sedation • Under correction • Over correction • Nerve damage • Scarring • Post-operative mismanagement • Wrong implant size • Assymetry • Excessive facelift • Lidocaine overdose • Burning from chemical peels • Allergy to medication • Sex abuse by surgeon, nurse, or another medical worker
Surgery or anesthesia cited in death of rapper’s mother, Los Angeles Times, November 14
Donda West’s surgeon faced malpractice suits, records show, CNN.com, November 13, 2007

Related Web Resources:

Read the Medical Board of California’s Complaint Against Dr. Adams (PDF)

Dr. Jan Adams

Cosmetic Surgery: What to Know Beforehand, MayoClinic.com Continue reading

November 14, 2007

Boston-Based Advocacy Group Releases its Annual List of Dangerous Toys

by Altman & Altman

World Against Toys Causing Harm (WATCH), a Boston, Massachusetts based toy safety group has released its yearly “!0 Worst Toys” list. The list points out the hidden dangers in certain toys. This toy list is updated every year. This year, however, it is especially significant in light of all the toy recalls that have taken place-particularly involving toys with lead in them that were made in China.

Toy injuries that are caused by a defective or dangerous toy because a manufacturer of a toy was negligent can be grounds for a products liability claim or lawsuit. A personal injury lawyer can help you file your personal injury claim or lawsuit.

The list includes:

1. Go Diego Go Animal Rescue Boat, made by Fisher-Price: This toy was recalled because they were painted with what could be excessive quantities of lead.

2. Sticky Stones, made by GeoCentral: A pontential choking hazard and cause of internal injuries.

3. Jack Sparrow’s Spinning Dagger, made by Zizzle: May cause eye injuries and does not come with a manufacturer warning.

4. L’il Giddy Up’ Horse – Sassy Pet Saks, made by Douglas Co.: The Beads on the this toy can be removed and swallowed easily and can also lead to aspiration injuries.

5. Dora the Explorer Lamp, made by Funhouse: A potential cause of burns and electric shock.

6. Spider Man 3 New Goblin Sword, made by Hasbro: May cause impact injuries, including facial injuries.

7. Hip Hoppa, Made by Spin Master Ltd. and Vivid Imaginations Ltd.: Could lead to head injuries and fall injuries.

8. B’Loonies Party Pack, made by Ja-Ru Inc.: Flammable chemicals could lead to ingestion and burn injuries.

9. My Little Baby Born, made by Entertainment Inc.: Zapf Creations AG: The plastic pacifier attached to ribbon that comes with the doll is a choking hazard.

10. Rubber Band Shooter, made by Simple Toys LLC: May cause serious eye injuries.

Toy Injury Statistics:

• About 155,400 children under 15 years of age received medical care at hospitals in 2003 because of toy-related injuries.

• 64% of toy-related fatalities that year were caused by choking.

• Nearly 50% of toy-related injuries are sustained by children injured on the head or face.

• Drowning, falling off a toy, and suffocation are other common causes of toy related injuries.

Toys to avoid this holiday season, Boston.com, November 14, 2007
Toy Safety – Injury Statistics and Incidence Rates, Children’s Hospital, Central California

Related Web Resources:

World Against Toys Causing Harm

Hey, you’ll poke your eye out with that thing!, MSNBC, November 14, 2007 Continue reading

November 12, 2007

Singer Trey Songz Considers Filing Personal Injury Lawsuit Against Springfield, Massachusetts Police

by Altman & Altman

Singer Trey Songz says he is thinking of filing a personal injury lawsuit against Springfield police officers because of his recent arrest at a club in Massachusetts.

The R & B singer was arrested on November 3 after his concert at the Hippodrome. Following his performance, a shooting took place outside the club’s parking lot. Songz was not involved in the shooting but he was arrested with two other members of his entourage.

Songz says police closed down the parking lot and prevented him and his entourage from leaving after gunshots were fired. He says police insisted on searching all of them and that they used excessive force to bring down his bodyguard. He claims that seven police officers assaulted his bodyguard and struck him with a nightstick, leaving bruises on his face and causing his arm to fall “out of place.”

Songz also claims that the police officers made crude and racists jokes and comments that they directed at Songz and his entourage. He says four police officers tackled him and assaulted him by kneeing his throat and kicking him in the ribs.

Springfield police deny the accusations and say that the officers acted appropriately and were responding to the verbally and physically abusive actions of Songz and his entourage.

Police Brutality
Even though law enforcement officers are supposed to serve and protect people, there are police officers who abuse their position of authority and power and engage in unjustified shootings, deadly chokings, severe beatings, verbal abuse, sexual assault, and other unnecessary and illegal violent behavior, including making false arrests, unnecessary use of a TASER gun or nightstick, fabricating/planting evidence, speeding in a police cruiser unnecessarily while chasing a suspect, and illegal killings.

Boston, Massachusetts is one of a number of U.S. cities where the Human Rights Watch has documented incidents of police misconduct. There are thousands of cases of police brutality that occur-many of these cases go unreported.

Police Brutality, HRW.org

Trey Songz Responds To Arrest, Contemplates Lawsuit, Soundslam.com, November 9, 2007
Related Web Resources:

Trey Songz

Trey Songz to Cops: Don’t You Know Who I Am?, TMZ, November 5, 2007 Continue reading

November 9, 2007

Merck Reaches $4.5 Billion Agreement in Vioxx Lawsuits

by Altman & Altman

Merck & Co. says it will set up a $4.5 billion fund as part of its settlement agreement to resolved the majority of the personal injury claims and lawsuits that have been filed by thousands of plaintiffs who had heart attacks and strokes because they used the painkiller Vioxx. The settlement agreement applies to lawsuits filed in U.S. state and federal courts-ever since Merck withdrew the once-popular painkiller off the market.

In order for the settlement to go into effect, however, at least 38,000 of the plaintiffs who have filed lawsuits against Merck must sign the agreement and its terms. As part of the settlement, any law firm representing plaintiffs in a Vioxx claim or lawsuit must recommend the deal to all clients who are eligible for compensation from the settlement fund.

The settlement amount that a plaintiff can receive would depend on the extent of the plaintiff’s injuries and the amount of time that he or she took Vioxx.