A Massachusetts doctor and a hospital secretary are dead following Monday’s tragic car accident involving a cancer patient who accidentaly drove her Oldsmobile into Brockton Hospital’s radiation center.

76-year-old Rockland resident Jane Berghold crashed her car through a glass door and into the center. She is a breast cancer patient at the center. Berghold was going to the hospital to give an X-ray Dr. Mark Vasa, to her radiation oncologist, who was Vasa was killed in the accident. Vasa was the chief radiation oncologist in charge of the center.

Susan Plante, a 60-year old hospital secretary who had worked at the hospital for two decades, died because of the catastrophic internal injuries she sustained in the crash. She had been taken to Massachusetts General Hospital. Two other hospital employees working at the reception desk sustained injuries.

Robert Berghold, Jane Berghold’s husband, says that his wife has a solid driving record and was never involved in a major car accident before this one.

Senior Drivers
Statistically speaking, senior drivers over 75 years of age tend to be at higher risk of being involved in car accidents than their younger counterparts, by 37%–whether as accident victims or as the driver responsible for the motor vehicle accident. Poor vision at night, drowsiness from medication, confusion, impaired memory, and decreased motor skills can easily affect the driving skills of some elderly drivers.

In Massachusetts, about 7,500 seniors over 68 years of age either lose their license after failing a road or eye test or they let their license expire. That said, many drivers 60-70 years of age are also considered to be among the safest drivers. Some states have specific driving laws focusing on elderly drivers. Massachusetts does not have a special driving law for seniors.

If you were injured or someone you love was killed in a car accident that was someone else’s fault, you may be able to file a personal injury or wrongful death claim or lawsuit against the negligent party.

Speeding, talking on the cell phone or text messaging while driving, drunk driving, aggressive driving, reckless driving, or careless driving are also common causes of motor vehicle crashes-regardless of a person’s age. A defective motor vehicle part, such as faulty tires or defective breaks, or a defective motor vehicle can also result in car accidents where a passenger or bystander can get injured or killed. In these instances, the motor vehicle manufacturer could be held liable in a products liability lawsuit.

Second person dies after car crashes into Brockton Hospital, Boston.com, October 16, 2007
Second Death Confirmed In Hospital Car Crash, WCVB.com, October 16, 2007
How Old Is Too Old Behind The Wheel?, AP, July 17, 2003
Senior Citizen Drivers: Are They Menace? Should Licensing Laws Be Tougher?, Senior Journal, June 16, 2005

Related Web Resources:

Brockton Hospital
Continue reading

Makers of Dimetapp, Pediacare, Little Colds, Triaminic, Robitussin, and Tylenol are pulling their infant cold medicine products from stores. The medicine makers claim that the medicines are safe for use, but they were concerns that parents could misuse the medicines by accidentally overdosing their children. The voluntary withdrawal follows the Food and Drug Administration’s recommendation that all over-the-counter cold and cough medications for children younger than two years of age be banned.

The Consumer Healthcare Products Association also is recommending the ban. However, many medicine makers are continuing to manufacture and market these types of products and make them available in the market.

More than 800 over-the-counter pediatric medicines for coughs and colds are available. Before July 15, at least 41 million units had been sold in the U.S. While the industry claims that these medicines are safe when administered properly, others are worried that they could be dangerous.

Between 1969 and 2006, 114 children died from taking cough or cold medicines. Children also sustained injuries from taking too large a dose. However, one case at the Poison Control Center of the Children’s Hospital of Philadelphia reported four incidents of lengthy hallucinations by kids that had taken the recommended dose.

The FDA says there are 69 reported deaths of children who had taken antihistamines when they had runny noses. It also cited 54 deaths caused by decongestants sold over-the-counter. In Maryland, 900 children younger than four years of age reportedly overdosed on infant cough and cold medicine.

List of Medicines Pulled from the Marketplace:

Tylenol
• Concentrated Infants’ Drops Plus Cold & Cough • Concentrated Infants’ Drops Plus Cold
Robitussin
• Infant Cough DM Drops
Little Colds
• Multi-Symptom Cold Formula • Decongestant Plus Cough
Dimetapp
• Decongestant Infant Drops • Decongestant Plus Cough Infant Drops
Triaminic
• Infant & Toddler Thin Strips Decongestant Plus Cough • Infant & Toddler Thin Strips Decongestant
Pediacare
• Infant Dropper Decongestant & Cough
• Infant Dropper Decongestant • Infant Drops Decongestant • Infant Dropper Long-Acting Cough • Infant Drops Decongestant & Cough
Baltimore health commissioner Joshua Sharfstein says that it is unreasonable for medicine makers to claim that products are safe for use when taken as suggested because they don’t offer recommended doses for children younger than age two.

Side effects associated with over-the-counter medication can include irritability, sedation, allergies, and heart abnormalities.

Dr. Sanjay Gupta from CNN recommended that infants with coughs and colds be treated with saline nose drops, hydrators, chicken soup, vaporizers, and fluids.

Pharmaceutical companies are supposed to ensure that the over-the-counter and prescription drugs that they make for users are safe for use when taken properly. They are also supposed to provide proper instructions and warnings on their labels. Failure to do any of this can turn a common over-the-country medication into a dangerous drug and lead to injuries or deaths. The pharmaceutical company that manufactured the dangerous medication can be held liable for personal injury or wrongful death.

Makers pull cold medicines sold for infants, CNN.com, October 12, 2007
Makers Pull Infant Cold Medicines, New York Times, October 11, 2007

Related Web Resources:

FDA

Consumer Healthcare Products Association
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In Swampscott, Massachusetts, three construction workers were sent to local hospitals on Tuesday after the scaffolding that they were standing on fell, causing the workers to drop two stories to the ground. The three men had been roofing a new home when the bracket that was holding the planks of the scaffolding in place punched through a wall.

Swampscott police Chief Ronald Madigan says the bracket appeared to be attached to the wall of the house but that there did not appear to be a stud on the inside that could support the workers’ weight. Police Chief Ronald Madigan said the cause of the fall accident appeared to be “an improperly placed support.” OSHA, the Occupational Safety & Health Administration, is investigating the accident.

The three men injured in the accident were Gloucester resident John Goslin, Kevin Kuppim, of Beverly, and Tim Shennet from Exeter, New Hampshire. According to police, one of the men temporarily lost consciousness after the fall.

The name of the roofing company is A.F. Construction. The 2500 square foot home where the accident occurred is being constructed on a hill.

Although construction workers generally cannot sue their employers when they are injured on the job because of benefits they are entitled to through workers’ compensation, there may be other parties that can be held liable for a construction worker’s injuries, pain, and suffering. For example, if a person is injured on the job because of a defective piece of construction equipment or machinery, the manufacturer, distributor, assembler, or seller of the product could be held liable for allowing the defective product to enter the marketplace.

Defective products claims and lawsuits fall under products liability law, which holds manufacturers, retailers, and distributors legally for making sure that their products that enter the marketplace are safe for use and will not injure or kill any consumers-if the product is used properly. Injury or death because of a defective machine, a contaminated food product, a defective toy, a faulty electronic item, a defective car part, or any other consumer item is grounds for a products liability claim or lawsuit.

If you have been injured in a construction accident in Massachusetts, you should speak with an experienced workers’ compensation attorney immediately. Your workers’ compensation lawyer can make sure that you receive the maximum benefits that you are entitled to under the law. Your attorney can also evaluate and investigate your case and file a personal injury claim or lawsuit against any negligent parties.

An injured worker has seven months after an injury accident to file a personal injury claim against a third party.

Three workers hospitalized after fall from scaffolding, The Salem News, October 10, 2007

Related Web Resources:

Occupational Safety and Health Administration

Department of Industrial Accidents, Mass.gov Continue reading

Boston is reportedly one of the most dangerous cities for bicyclists in Massachusetts. Many bike paths are poorly maintained, clotted with leaves and gravel, worn out, and only extend for up to 150 yards or less.

Northeastern University Professor of Civil Engineering Peter Furth says that the local government does not take bike lanes seriously. Last month, however, Boston Mayor Thomas Menino appointed former Olympic cyclist Nicole Freedman as the city’s bike czar. The appointment is part of his efforts to turn Boston into a more bicycle-friendly city. An online map system and 250 new bike racks throughout Boston are included among the first phase of improvements he plans to make.

Bike Czar Freedman says she will lead efforts to review the streets and bike lanes. She also cited enforcement and education as key factors in making sure that the city’s biking facilities are of use to bicycle riders.

Mayor Menino promised stricter fines against motor vehicle drivers that block bike lanes. He also said he would create a series of bike lanes on a number of roads, including Commonwealth Avenue, the Fenway, Massachusetts Avenue, and the Back Bay. The mayor is considering installing bike storage areas, showers, and an automated bike rental system that would allow anyone with a credit card to rent a bike.

Boston is usually listed in Bicycling magazine as one of the least bike friendly cities.

Last April, a bicyclist was killed near Northeastern University on Huntington Avenue in a traffic accident involving two motor vehicles. Studies show that many bicyclists are injured on Boston roads every year-some of these accidents result in deaths. In 2005, 5 cyclists died in traffic accidents; 711 others were injured.

Cambridge, considered a bicycle-friendly area, has a bike lane on Massachusetts Avenue that runs through Central Square but does meet civil engineering standards that are designed to allow cars and bikes to share the roads safely. Because the bike lane stretches out just 12.5 feet from the curb-six inches short of what the ideal extension should be-bicycle riders tend to get too close to parked cars. If a passenger or driver opens a car door and hits the cyclist, the rider could get pushed into oncoming traffic. A bicyclist died in such an accident in 2002.

Menino mounting bid to make city a bicyclist’s dream, Boston.com, September 20, 2007
Boston’s not the hub of biking safely, Bostonnow.com, September 21, 2007
Related Web Resources:

Bicycle Crash Statistics, Massbike.org
Get your ride on (bike paths), Boston.com, September 20, 2007 Continue reading

11-year-old Dario Rodriguez, a Massachusetts resident, died on Monday because of injuries he sustained in a car accident.

Dario was struck by a car while he and two children were crossing Route 114 at Winthrop Avenue close to Veterans Memorial Stadium in Lawrence. He was rushed to Massachusetts General Hospital where he was treated for serious head injuries and later died.

The car driver, James Gianni, says that the motor vehicle in front of him stopped to allow the children to cross the street. Gianni says he did not have enough time to step on the breaks. To avoid hitting the other vehicle, he swerved into the right lane and hit Dario.

Police in Lawrence are investigating the fatal pedestrian accident. An accident reconstruction team with the Massachusetts State Police has been brought in to examine the evidence.

According to the National Highway Traffic Safety Administration, there were 4,881 traffic-related pedestrian fatalities in 2005. About 1/5 of those deaths were child pedestrians, 5-9 years of age.

The CDC says that children are reportedly at high risk for sustaining pedestrian injuries because:

• Their small size makes them harder for car drivers, bus drivers, and truck drivers to see.
• Many young children don’t fully understand the way traffic signals work.
• Children are not able to correctly judge how fast a motor vehicle is going or how far away a car actually is from the pedestrian lane.
• Children and drivers can mistakenly assume that the other party is going to yield.
• Many kids walk to school.

Safe Kids Worldwide offers a number of suggestions of what children can do to stay safe on the roads:

• Don’t cross the street alone if you are under 10 years of age.
• Don’t play in the street.
• Walk on sidewalks.
• If you have to walk on the street, face oncoming traffic.
• Wear bright or retroreflective clothing so that drivers can see you.

Even if a child and his or her parents take all the necessary precautions to stay safe on the roads, there is no guarantee that a driver will not behave negligently or carelessly and cause a pedestrian accident to take place.

In Massachusetts, minors cannot file a lawsuit against anyone. The parents or guardian of a child injured or killed in a personal injury accident, however, can file a personal injury or wrongful death lawsuit against any negligent parties.

Sixth grader dies from car accident injuries, Eagletribune.com, October 3, 2007
Safety Tips, Safekids.org
Why are Children at Increased Risk?, CDC.gov

Related Web Resources:

Facts About Injuries to Child Pedestrians (PDF)
Continue reading

Topps Meat Co. has expanded its initial meat recall from 332,000 pounds of ground beef products to 21.7 million pounds. This is one of the largest meat recalls to ever take place in the United States.

The meat company says that the meat being recalled may be contaminated with E. coli 0157:H7, a bacteria that can cause cramps, diarrhea, and other health problems. The U.S. Department of Investigation says it is so far investigating 25 reported illnesses that could be related to the Topps meat products.

Products being recalled include ground beef meat with a “best if used by date” or “sell by date” ranging between 09/25/07 to 09/25/08. The marking “Est. 9748” accompanies the meats’ USDA inspection mark.

Topps says it is working with state departments of health, the USDA, distributors, and retailers to ensure that consumers are safe and protected. The company also says that it is now involving food safety experts and microbiologists in the company’s quality control procedures. It is Topps first recall in its 65 years of business.

E. coli 0157:H7 infection can lead to abdominal cramps bloody diarrhea, non-bloody diarrhea, and fever. With children and older people, E. coli 0157:H7 can sometimes lead to hemolytic uremic syndrome, which can lead to kidney failure.

Food manufacturers, processors, sellers, distributors, and restaurants are legally obligated to produce, process, or serve foods that will not make a consumer ill. Food products must be free from contamination and-if prepared at a restaurant or grocery store-they must be properly prepared so that a person does not get sick or die from eating the food.

Failure to uphold these food standards can be grounds for a products liability claim or lawsuit against all negligent parties if injuries or deaths occur.

21.7 million pounds of meat recalled, CNN.com, September 29, 2007
Topps expands beef recall, CNN.com, September 29, 2007
Topps Meat Company LLC Expands Ground Beef Recall To Help Ensure Consumer Safety, Toppsmeat.com, September 29, 2007
Related Web Resources:

Topps

Escherichia coli O157:H7, CDC.gov Continue reading

Beata Swierczynski, the wife of a North Easton man who was struck by an iron grate while driving on Route 128 in Massachusetts last July, is suing five companies for her husband’s personal injuries.

Pawel “Paul” Swierczynski, an engineer, sustained serious injuries, including a traumatic brain injury, after the 250-pound grate crashed into the windshield of his car and hit him on the head.

Paul sustained broken bones, a gash on his head, bleeding inside his skull, and a brain injury. For awhile, he needed a ventilator to breathe properly. Doctors feared he would be paralyzed when he couldn’t move the left side of his body.

Movie star George Clooney was injured on Friday when the motorcycle he was riding crashed into a car in New Jersey. Clooney sustained a few scrapes, a broken rib, and road rash in the motorcycle accident. His girlfriend Sarah Larson reportedly broke her foot. Both of them were using helmets at the time of the crash, which took place in Weehawken, across from the Hudson River and Manhattan.

Police in New Jersey are still trying to determine whether Clooney or the other driver was negligent in causing the motor vehicle accident. Clooney claims that the driver of the other vehicle, a Mazda Saloon, was signaling to turn left but turned right instead and crashed into the motorcycle. The driver of the car is disputing this account.

If you are injured in any kind of motor vehicle accident, you should hire a personal injury attorney right away so that he or she can investigate your case and determine whether you have grounds to file a personal injury claim against a negligent party.

Injuries in a motorcycle accident can be very serious-especially because riders have little protection (if any). Motor vehicle collisions involving a motorcycle can result in both minor and catastrophic injuries. Motorcycle injuries can include burn injuries, road burns, spinal cord injuries, traumatic brain injuries, broken bones, bruises, disfigurement, and wrongful death.

Common causes of motorcycle accidents:

• A driver fails to notice there is a motorcycle in the vicinity.
• Driver inexperience • Speeding • Mechanical failure • Poor road conditions • Driver negligence or recklessness • Drunk driving
In Massachusetts, approximately 42 motorcycle riders die every year.

The Massachusetts Registry of Motor Vehicles says that if car drivers, bus drivers, and truck drivers want to avoid getting into an accident with a motorcycle, they should be especially cautious during the following situations:

• You are making a left turn in front of a rider.
• A motorcyclist is riding in your blind spot.
• There are hazardous road conditions. Potholes, wet leaves, railroad tracks, and other obstructions may force a motorcyclist to take an action you don’t expect.
• You have an obstructed line of sight. Sport utility vehicles, delivery vans, and large trucks may block motorcyclists from your view.

Because of the serious and costly nature of motorcycle accidents and injuries, you should speak with a personal injury attorney immediately if you have been injured in an accident-especially before you try to negotiate a settlement with any insurance parties.

George Clooney injured in motorcycle accident, CNN, September 21, 2007
Clooney could face charges after motorcycle crash, The Independent, September 23, 2007
Tips for Sharing the Road, The Massachusetts Registry of Motor Vehicles

On the Road Again, Massachusetts Motorcyclists’ Survivors Fund Inc.

Related Web Resources:

Massachusetts Motorcycle Roads, Motorcycleroads.us
Motorcycle Accident Statistics, WebBikeWorld Continue reading

Anne Dube, the widow of a mechanic who committed suicide after he was fired from his job with National Fiber Technology LLC, has the right to receive death benefits under workers’ compensation. The decision was issued by the Massachusetts Appeals Court in Suffolk County. The court’s ruling affirms the Industrial Accident Reviewing Board’s decision that had been appealed by the Professional Liability Insurance Company.

An administrative judge had awarded Dube death benefits for Gilbert Dube’s work-related back injury, which resulted in pain, deteriorating mental condition, mental unsoundness, and suicide. The board said that Anne Dube was causally connected to the mental unsoundness that was caused by work.

Gilbert Dube was a 50-year-old machine mechanic. He had a history of back problems. He reinjured his back on November 7, 2001 at work when he “jerked” lose a card that had gotten stuck in a knitting machine. On November 26, 2001, he tried to go back to work and assume “light-duty” but was told that there was no light-duty work. He was terminated from his job on December 4, 2001. He killed himself 14 days later.

A Leicester railroad company worker who says he was hit in the face by a hammer while working in an engine room three years ago has filed an injury complaint against Providence & Worcester Railroad Co. in Federal Court. He filed his work injury case under the Federal Employers’ Liability Act (FELA). Dennis J. Madore is claiming that the railroad company did not provide a safe work environment and was negligent.

In his complaint, Madore was repairing railroad cars in the engine house on December 10, 2004 when his face was accidentally struck with a hammer. The Massachusetts resident says that he suffered great physical pain, and “was made sick, sore and lame.” He claims he has not been able to work since the injury accident and that his incapacitation will continue. Madore says he has been paying for medication for his injuries and that his doctors’ bills are growing.

FELA

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