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A jury in Los Angeles says Dole Food Co. Inc. must pay six Nicaraguan farm workers $3.2 million dollars for injuries they say they sustained on the job over 30 years ago.

The six men say they became sterile because Dole used a banned pesticide at the plantations where they were employed. The injuries occurred in Central America.

The jury is back in court to determine whether Dole and Dow Chemical Co, a codefendant in the lawsuit, should be asked to pay punitive damages to punish them for wrongful actions.

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Cargill Inc. says it is recalling over one million pounds of ground beef because of fears of E. coli bacteria contamination. Massachusetts, Maryland, Connecticut, New Jersey, Maine, Michigan, Ohio, New York, Virginia, and Pennsylvania are the 10 states affected by the recall. This is Cargill Inc’s second voluntary meat recall due to E. Coli concerns over the last few weeks.

Ground beef affected by this recall was produced by Cargill between October 8 and October 11 at its Wyalusing, Pennsylvania plant. The beef was sold at a number of retailers, including Weis, Giant, Stop & Shop, and Shop Rite.

The Agricultural Department found E. Coli O157:H7 in a beef sample that was produced on October 8, 2007. Cargill is working with the USDA Food and Safety Inspection Service to track down the million plus pounds of ground beef that could have been contaminated with E. Coli bacteria so they can be pulled from stores.

In early October, Cargill voluntarily recalled over 840,000 pounds of ground beef patties that were sold nationally at Sam’s Club stores because of contamination by the same strain of E. coli. One girl, 4-year-old Callie Gustafson, was hospitalized with E. coli after eating the ground beef. Her parents have filed a products liability lawsuit and claim their daughter sustained permanent injuries because of her illness.

The CDC says there are 73,000 reported E. coli cases every year. Around 61 of these cases result in fatalities. Around 2100 cases require hospitalization.

E Coli contamination of meat usually happens during the slaughtering process, when the feces and the testicles of the animal can end up coming into contact with the carcass. If the carcass isn’t sanitized, the E. Coli bacteria becomes mixed into the meat during the grinding process.

A meat producing company is required to make sure that all sanitation measures are followed so that E. coli contamination does not occur to the meat sold in the marketplace. If a person becomes sick because of eating the contaminated meat, he or she can file a personal injury lawsuit against the manufacturing company.

Cargill Recalls 1 Million Pounds of Beef, AP, November 3, 2007
E. coli O157:H7, About E. coli

Related Web Resources:

Sam’s Club recalls Cargill-made hamburgers in U.S., Reuters, October 6, 2007
E. coli, Centers for Disease Control & Prevention Continue reading

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The Centers for Disease Control & Prevention issued its report on Friday on accidental injury deaths in the United States. Of all 50 states, Massachusetts has the lowest rate of accidental fatalities, which are the number one cause of death among people under 45 years of age.

According to the report, Massachusetts had a rate of 20.4 accidental deaths for every 100,000 residents from 1999-2004. The national average per 100,000 state residents is 36.3. Motor vehicle accidents ranked nationally as the number one cause of death. In Massachusetts, however, there are 7.7 traffic accident deaths for everyone 100, 000 residents.

Falls, poisoning, drowning, and suffocation are some of the other kinds of accidental deaths that the CDC considered for its study.

Nationally, the CDC says there is a 7% increase nationally in accidental deaths. From 199-2004, 625,328 people died in the US because of accidental injuries.

The CDC named New Mexico as the state with the highest rate of accidental injury deaths-60.9 for every 100,000 residents-with Alaska (58.6) and Mississippi (58.1) not lagging far behind.

Other kinds of accidental injury deaths include whiplash, sports injuries, machinery accidents, burns, work-related injuries, natural accidents, toy-related injuries, medical malpractice incidents, defective or malfunctioning products, pedestrian accidents, premises liability, exposure to lead or other hazardous substances.

An accidental injury death is a fatality that occurred accidentally and unexpectedly. While a fatality that occurs accidentally was often caused unintentionally-there are deaths that could have been prevented had another person or party not acted negligently, carelessly, or recklessly.

As the surviving family member who has lost a loved one, there are civil remedies that you can take to hold the negligent party liable for your loss. You should speak with an experienced personal injury lawyer who can advise you of your legal options.

Study: Massachusetts has lowest accidental death rates in nation, AP, November 1, 2007
U.S. Accidental Deaths On An Upward Trend, CBS News, November 1, 2007

Related Web Resources:

Center for Disease Control & Prevention

Accidental injury, Wrong Diagnosis Continue reading

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Kathleen Vasa, the Massachusetts widow of the doctor who died when his 76-year-old cancer patient crashed her motor vehicle into the hospital’s radiation therapy unit where he worked, is suing the driver, Jane Berghold, for wrongful death.

Berghold, who crashed her car into the hospital on October 15, claims that she tried to stop the car but the brakes wouldn’t work. She has been charged with two counts of vehicular homicide by negligent operation and one count of operating to endanger.

Susan Plante, a 59-year-old hospital worker, also died from her injuries.

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A 62-year-old female pedestrian sustained serious leg injuries today after being struck by a MBTA Bus while at the Quincy Center MBTA station in Quincy, Massachusetts.

The bus accident took place at around 6am at the bus pick-up area. According to the bus driver, he was just leaving the bus way, after dropping off passengers, and turning left when the accident happened.

Police are investigating the accident.

Buses are “common carriers.” This means that the bus driver and bus company owes the public the “utmost duty of care” in ensuring that they do not injure pedestrians, bus passengers, or other motor vehicle riders when on the road. Bus drivers and carriers are therefore held to a higher standard of negligence than regular motor vehicle drivers. This is why, if you are injured in a bus accident in Massachusetts, you should speak with an experienced personal injury attorney that knows how to deal with bus crash cases.

Injuries that can be sustained in a bus accident include:

• Broken bones • Traumatic brain injuries • Internal injuries • Neck injuries • Burn Injuries
Common causes of bus accidents:

• Driver negligence • Inattention • Improper maintenance • Bad weather • Text messaging and cell phone use while driving • Defective products
Public buses are usually owned by a local, regional, or state transportation department. Filing for compensation from a government body, a government employee, or its insurance company can be a lot harder to do than filing a claim against the insurance company of a car driver or motorcyclist.

Pedestrian Struck by MBTA bus, the Patriot Ledger, October 30, 2007
Related Web Resources:

Massachusetts Bay Transportation Authority
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A 50-year old Mashpee, Massachusetts man was seriously injured in a motorcycle collision in East Falmouth last week after his motorcycle collided with a 2004 Mazda on Sandwich Road.

Michael Pasakarnis, the motorcycle rider, sustained serious injuries and was taken by MedFlight to Boston Medical Center.

The car driver was not in the crash. Police are investigating the injury accident.

Motorcyclists can become seriously injured when involved in collisions with another motor vehicle-especially as they don’t have anything to protect them from the impact of colliding with a truck, bus, car, bicycle, another motorcycle, the ground, or any non-moving object, such as a wall or a concrete barrier. It is not uncommon for a motorcycle rider to get thrown off his or her motorcycle and get seriously hurt or die.

Although no one has any control over the way other people drive, there are steps that motorcyclists can take to protect themselves when riding on any road in Massachusetts:

• Wear your DOT approved helmet • Wear goggles or other protective eye covering • Know how to operate your motorcycle • Be aware of the traffic rules
• Participate in a motorcycle training course
• Review your owner’s manual • Develop the proper skill and experience before driving on freeways and winding roads • Wear gloves, pants, and a jacket as protective clothing • Avoid wearing sneakers or sandals of flip-flops • Wear bright or reflective clothing • Drive defensively • Assume that other drivers on the road can’t see you • Drive at a speed that takes traffic and weather conditions into consideration
Motorcyclist injured in Falmouth collision, Cape Cod Times, October 18, 2007
Motorcycle Safety, NTSA
Related Web Resources:

Massachusetts Statute of Limitations

Motorcycle Safety, FHWA Safety Continue reading

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Dr. Jose Veizaga-Mendez, a doctor under investigation for his possible role in 10 fatalities at the VA hospital in Illinois was also accused of medical malpractice when he practice medicine in Massachusetts. His license was revoked in this state following the death of two of his patients. His medical license has now been indefinitely been suspended in Illinois.

In Massachusetts, one patient, Jeronimo Coronado, 58, died of complications from a surgery that Dr. Veizaga-Mendez had performed on him in 2000. The operation was to treat the patient’s heartburn. He died from respiratory failure, infection, and sepsis after the surgery. Massachusetts’ medical board cited surgical error by Veizaga-Mendez. Coronado’s family filed a lawsuit against Veizaga Mendez and settled out of court.

The other patient in Massachusetts was 74-year-old male, who died after undergoing surgery to remove a tumor in his lung in 2002. Dr. Veizaga-Mendez was accused of failing to diagnose that the man was experiencing postoperative bleeding. The patient was not taken to the operating room until the next day. He passed away two days later.

Surgeons, like all other medical providers, are required to provide patients with a certain standard of care. When a surgeon makes a mistake on the job and causes a patient to become more ill or die, the patient or the loved ones of the deceased can sue the surgeon for surgical malpractice or wrongful death.

Examples of Surgical Malpractice:

• Performing the wrong surgery • Performing the right surgery on the wrong body part • Delay in performing a necessary surgery • Failure to properly monitor patient after surgery • Accidentally leaving forceps, a scissor, a towel, or another surgical tool or item in the surgical patient’s body • Birthing errors • Anesthesia errors
Common reasons for surgical mistakes include exhaustion, inexperience, negligence, and operating under the influence of drugs or alcohol.

Surgical errors are serious mistakes that can cause a patient great pain and suffering. Infections, brain injuries, organ damage, and death are some of the catastrophic consequences that can occur. A person may have to undergo more surgeries and take longer to recover because of a surgeon’s mistake.

Surgeon’s work questioned in Massachusetts, WQAD, October 12, 2007
Former VA surgeon loses Illinois medical license, Boston.com, October 17, 2007

Related Web Resources:

Surgical Malpractice, Wrong Diagnosis

Medical Malpractice in Massachusetts, Wrong Diagnosis Continue reading

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The Associated Press says that it has found over 2500 cases of sex abuse involving teachers as perpetrators over a five-year period.

Sexually abusing a child is a crime. In addition to trying a predator in criminal court, however, he or she can be held liable in civil court if the victim or his or her family is willing to file a personal injury lawsuit against the abuser. In certain instances, the school or the school district could also be held liable if they could have prevented the abuse from happening but acted negligently-thereby allowing the abuse to happen.

According to a recent AP investigation, many teacher-student sex abuse cases never get reported and the abusers will often have victimized more than one student. Over the course of its seven month investigation, the AP discovered that from 2001 through 2005, 2570 educators had their teaching credentials denied, revoked, sanctioned, or surrendered because of abuse incidents. At least 1801 of the reported cases involved young people. Over 80% of the victims were students. At least 50% of the educators were convicted for sex crimes connected to these sex abuse cases.

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A Suffolk County, Massachusetts jury has awarded the family of 10-year-old Jose Bejarano Jr. $26 .5 Million because birthing errors caused him to have cerebral palsy.

His family say that they will use the money to give them the resources they need to care for their son at home. Jose, Jr. eats through a feeding tube, is wheelchair-bound, only communicates through his eyes, and will never be able to take care of himself.

Jose, Jr. will never speak or walk and requires 24-hour-care because of his birth injuries. The damages are being sought from two Brigham and Women’s Hospital physicians, who are accused of not recognizing that Jose, Jr. was in fetal distress during his March 14, 1997 delivery and neglecting to perform a Caesarian operation in time.

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Boston University is increasing security measures following a rape that occurred in the Warren Towers campus dorm on September 30. The rape victim was a guest of one of the students living on the all-women floor of the co-ed dorm. She says she was raped in one of the dorm’s bathroom stalls.

Boston University Police (BUPD) is now conducting random security patrols of Warren Towers and other large dorm units on campus.

The owners and managers of public and private properties, including dorm buildings, college campuses, nightclubs, hospitals, banks, parking lots, shopping malls, coffee shops, and office buildings, are legally obligated to provide adequate and proper security if they know that people will live, visit, or do business on a premise. Failure to do so can be grounds for personal injury or wrongful death liability if a crime occurs on the premise and someone is injured or killed.

The National Center for Victims of Crime says one out of every four women in college either has been raped or was nearly raped. Many rape incidents go unreported.

2003 Rape Statistics on US Campuses:

• 2581 people were victims of forcible sexual offenses on campus • 1808 people were sexually assaulted in campus residence halls • 367 students were sexually assaulted off-campus
In Massachusetts, if a person is raped, robbed, or physically assaulted on a premise by a third party because the property owner or manager did not provide the proper security that could have prevented the crime from occurring, the property owner or manager could be held legally responsible.

Other grounds for premises liability claims and lawsuits include slip and fall accidents, falling merchandise injuries, and exposure to toxic or hazardous substances.

Police have no leads in sexual assault case, The Daily Free Press, October 16, 2007
Rape in BU dorm leads to heightened school security, WHDH.com, October 2, 2007
Forcible Sex Offenses, US Department of Education

Relatd Web Resources:

Rape on Campus, Rapis.org
Warren Towers, Boston University Continue reading

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