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Four people were injured today in Massachusetts today when a manhole exploded and let out a spray of steaming water that may have contained asbestos. The water hit all four injury victims.

The injury accident occurred in Boston near a building at the corners of Summer and Redding. Boston Emergency Medical Services appeared at the scene after it became known that a hazardous material was possibly involved in the explosion. EMS workers medically monitored and decontaminated the firefighters at the accident scene.

The four injured persons, three of them energy company workers, were also decontaminated before being sent to nearby hospitals for treatment of their injuries.

The Boston Fire Department say they think that it was a steam pipe and not a manhole that exploded.

Asbestos Exposure
Exposure to asbestos can lead to catastrophic injuries, such as lung cancer, mesothelioma, and asbestosis. Although the dangers of asbestos exposure increases the longer the exposure time, there have been cases where someone has briefly been exposed to it and ended up with malignant mesothelioma.

If you become sick because of exposure to asbestos on the job, you may not be able to file a personal injury claim against your employer because you are likely eligible for workers’ compensation benefits. An experienced personal injury attorney can make sure that you receive all the benefits that you are eligible for. Your personal injury lawyer can also help you determine if there are third parties that can be held liable for your illness.

According to Allasbestos.org, Massachusetts is ranked 11th in the United States among the 50 states and the District of Columbia for having the highest number of asbestos-related deaths- from 1,355 fatalities to 1,715.

Hub Steam Explosion Injures Four, Boston Herald, September 12, 2007
State Ranking of Asbestos Related Mortality Rate, Allasbestos.org

Related Web Resources:

Massachusetts Workers Compensation Law, Workers Compensation Insurance.com
Asbestos, EPA.gov Continue reading

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Reports made to the FDA (Food and Drug Administration) show that the number of serious injuries and deaths caused by over-the-counter medicine and prescription drugs grew significantly between 1998 and 2005.

Out of the 467,809 drug-related injuries and fatalities, nearly half of these cases could be attributed to 51 drugs. Drugs that affect the immune system, and painkillers, such as oxycodone, reportedly caused a lot of the deaths. The drugs most frequently linked to serious complications that weren’t fatal included Vioxx, Paxil, Remicade, and insulin.

The death toll from using prescription and over-the-counter drugs was three times higher in 2005 than in 1998:

• In 2005, over 15,000 people died because of reactions to drugs.
• 5,519 people died from using prescription and over-the-counter drugs in 1998.
• In 2005, 89,482 injury cases were caused by serious side effects from drug treatment.
• There were 34,966 reported injury cases caused by side effects in 1998.
• There are at least 500 injury cases involving Estrogen every year.
• More women were affected by pharmaceutical drugs than men.

This analysis can be read in the latest issue of Archives of Internal Medicine.

If you or someone you love has become seriously ill while using a prescription drug or over-the-counter medication, you should speak with a personal injury lawyer right away.

It can be very hard to prove that an illness, serious injury, or wrongful death was caused by a pharmaceutical drug. An experienced personal injury attorney will know how to investigate and prove your products liability case.

Although the FDA is supposed to prevent drugs that are not safe from entering the marketplace, sometimes, the problems with a drug are not discovered until after people have started to get sick or die. Illness, injury, or death caused by a defective drug can be grounds for a products liability claim or lawsuit against the drug manufacturer and/or distributor.

Even if a drug has been pulled off the shelf, you could still be entitled to compensation via pharmaceutical litigation if you are an injury victim.

Here is a list of some other drugs that have been the subject of drug litigation cases:

• Ephedra • Fen-Phen • Prempro • Accutane • Serzone
Analysis: Deaths from drug reactions up, Boston.com/AP, September 11, 2007
Reports of Drug Side Effects Rise, U.S. Study Finds, Bloomberg.com, September 10, 2007

Related Web Resources:

U.S. Food and Drug Administration

Archives of Internal Medicine
Continue reading

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An inbound Green Line trolley and a flatbed truck crossing the trolley tracks near Coolidge Corner collided on Tuesday. The crash caused the truck to flip onto its side across the tracks on Beacon Street. Fuel was spilled onto the road. The trolley was carrying 200 passengers and traveling at 10 mph.

The truck’s driver and three passengers that were riding the trolley were taken to area hospitals. They sustained neck and back injuries in the trolley-truck accident.

In Massachusetts:

• Approximately 34 fatal truck accidents occur every year • 1.075 truck crashes are non-fatal
Common causes of truck accidents include driver fatigue, aggressive driving, defective breaks, tires, or lights, cell phone use, driving longer than the number of hours that are legally allowed, speeding, and failure to properly inspect trucks for maintenance.

Trucks and trolleys, as well as other vehicles designated for public transportation, must follow more stringent safety requirements than the drivers of motorcycles and cars. If these regulations are disregarded and a driver of a truck or trolley causes an accident that injures or kills another person, a personal injury or wrongful death case can be brought against the driver.

There is also a possibility that the truck company or trolley company could be held liable if their actions-or inaction–enabled the accident in any way. The truck in this accident is owned by Rebars & Mesh Inc., a steel and concrete company from Haverhill.

Collisions involving large trucks and other large vehicles frequently lead to serious injury and death. One of the reasons for this is that these kinds of vehicles are so heavy that the damage they inflict upon collision can be catastrophic.

MBTA trolley, flatbed collide; 4 hurt, Boston.com, September 5, 2007
Truck Accidents, Lawcore

Related Web Resources:

Federal Motor Carrier Safety Administration
Massachusetts Bay Transportation Authority
Rebars and Mesh
Continue reading

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Authorities and investigators for Massachusetts and Essex County have determined that the death of 11-year-old Timothy DiLeo at Tenney Grammar School in Methuen was an accident. No criminal charges will therefore be filed in the case. DiLeo died after a heavy metal gate fell on him. His 8-year-old brother, Andrew, was also injured by the gate collapse. Brandon LaPorte, 13, suffered minor injuries to his leg, and Steven DiLeo, 13, who was also involved in the accident, was not hurt.

If there is evidence to prove that someone acted negligently to create the condition that turned the school into an unsafe premise, DiLeo’s family good have grounds to file wrongful death claim and a personal injury claim against Tenney Grammar school and/or any other negligent parties.

Investigators say the gate was leaning against a wall and not securely attached on its hinge. It had been placed in the area where large garbage containers are stored. The gate fell when two of the boys tried to climb it.

Under premises liability law, the owner of a property must take reasonable action to ensure that the property is in a reasonably safe condition so that no one is injured or killed. A property owner is also legally obligated to warn people of any conditions on a premise that could render a property unsafe-even if only temporarily.

Falling merchandise or objects, dog attacks, defective or dangerous conditions on a premise, inadequate security, and any conditions leading to slip and fall accidents are just some of the reasons that a personal injury claim or lawsuit can be brought against the liable party. The reason that an injured person was on the property to begin with may/may not affect whether or not the injured victim has grounds to file a premises liability claim.

Children and Premise Liability Cases

If a property owner knows that a child could likely enter a premise-whether or not he or she entered the property with permission-the landlord or landowner is still obligated to have taken steps to ensure that the place is safe enough so that children are not injured or killed.

No charges to be filed in Methuen fence collapse fatality, Boston.com, September 4, 2007
Death of Methuen boy ruled an accident, Examiner.com, September 4, 2007

Related Web Resources:

Methuen Public Schools

Premise Liability News, Justia Continue reading

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The new changes to the Junior Operator License Law takes effect today. The revised law mandates that driving students must log in more driving time with driving teachers and parents.

Parents of teen drivers will also spend two hours in class learning about the driver’s education program. The changes will hopefully help teen drivers become safer drivers on Massachusetts’s roads so that less car accidents and personal injuries will occur.

Under the revised law, teen drivers will still have to spend 30 hours in a classroom studying driving. They will now also have to take 12 hours of driving lessons in a car. An additional 40 hours will have to be spent driving with a parent or another adult.

Not only are teenage drivers at higher risk for getting injured or killed in a car crash, but their experience on the roads increases the chances of other drivers and pedestrians also sustaining injuries in a motor vehicle crash.

The Registry of Motor Vehicles says that in 2005:

• 33% of all 16-year-old drivers were involved in a motor vehicle collision.
• 19% of all 17-year-old drivers were in involved in a traffic crash.
• 14% of all 18-year-old drivers were involved in accidents.

According to Teendrivinginfo.com:

• Annually, 7,887 (14% of all drivers) 15-20 year-old drivers are involved in fatal traffic crashes.
• Each year 2,008 16 to 17-year-olds die in automobile crashes.
• Crash rates are the highest for teens during the 1st six months & 1,000 miles after licensure.

Injuries sustained in a motor vehicle accident can be very serious and costly, which is why you should speak to a personal injury attorney if you have been injured in a traffic collision because another driver behaved recklessly or negligently.

Junior driver license law mandates parental role, Telegram.com, August 30, 2007
Teen Driving Information for Everyone

Related Web Resources:

The Massachusetts Registry of Motor Vehicles

Teen Drivers, DMV.org Continue reading

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A 56-year-old South End female pedestrian who was seriously injured in a hit-and-run accident when she was 6 years old has lost her leg in another hit-and-run accident.

Donna Mills had her leg amputated on August 1 after she was hit by a tractor-trailer while crossing Huntington Avenue near Symphony Hall on July 30. She is recovering from surgery at Radius Specialty Hospital. The driver of the tractor-trailer left the accident scene.

As a child, Mills sustained permanent brain damage and a permanent leg injury when she was struck in a hit-and-run car accident in Boston. No one was ever charged in that crime.

Mills was struck while walking the route that she would travel daily. Police are looking for the driver of the tractor-trailer. Witnesses say the tractor-trailer had the word “FABIAN” in red letters on its side.

If you or someone you love has been seriously injured in a hit-and-run accident, not only has the negligent driver committed a crime, but he or she can be held liable for your personal injury accident and you can file a claim for recovery.

As a victim of a hit-and-run accident, not only are your dealing with the pain and suffering that comes from being injured, recovering from the accident, and finding a way to get your bills paid for, but you are also dealing with the trauma of being struck by a person who has tried to escape responsibility and accountability for your injuries by leaving the accident scene. By fleeing the accident site, the negligent driver has also become a criminal who has made you the victim of his or her crime.

What You Can Expect to Recover as a Victim of a Motor Vehicle Accident in Massachusetts:

• If you were riding a car at the time of the accident, your insurance will cover the first $2,000 of any costs related to your injury accident.
• If you were a bicyclist or a pedestrian who was injured by a car, truck, or motorcycle, then the insurance company of the negligent party has to cover the first $2,000.
• Your insurance company will be asked to cover any medical costs above the first $2,000. If you are able to recover money from a personal injury claim, your health insurance company may be able to collect what it spent from these damages.

Victim twice hurt in hit-runs loses leg, driver sought, Boston Herald, August 26, 2007

Related Web Resources:

Auto Accident Claims

Hit and Run 2004 Statistics, Deadlyroads.com Continue reading

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The Us Consumer Product Safety Commission announced today that it is recalling over 300,000 Chinese-made toys and jewelry for children. The CPSC cited excessive levels of lead as the reason for the recalls.

Approximately 250,000 SpongeBob SquarePants journals and address books (that may have excessive levels of lead paint on their spiral/metal bindings) are part of the recall. The books were sold in the U.S. between June 2006 and July 2007.

Curious George and Thomas and Friends pails and spinning tops are also part of the recall due to concerns that their wood handles might have too much lead. About 4,700 pails and 66,000 spinning tops sold in the U.S. between July 2001 and July 2002 are included in the recall.

Approximately 7,900 Divine Inspiration charm bracelets for children (sold between August 2006 and May 2007) and almost 14,000 Toby & Me Jewelry sets are also being recalled because of concerns of excessive lead.

Lead is considered a very toxic metal especially for children, ages 6 and under. Lead poisoning, brain damage, learning disabilities, behavioral difficulties, seizures, and wrongful death can result from exposure to excessive levels of lead.

If you or someone you love becomes ill because of too much lead in a particular product, whether a toy, paint on the walls of a home, lead in soil or lead in drinking water, you may have grounds to file a products liability claim or a personal injury lawsuit against the party or parties responsible for the excessive levels of lead. A person whose loved one has died because of exposure to lead may also have grounds for filing a wrongful death lawsuit.

The Environmental Protection Agency offers valuable information about lead exposure and its health effects on children, including:

Lead is even more dangerous to children than adults because:
• Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them.
• Children’s growing bodies absorb more lead.
• Children’s brains and nervous systems are more sensitive to the damaging effects of lead.

If not detected early, children with high levels of lead in their bodies can suffer from:
• Damage to the brain and nervous system
• Behavior and learning problems (such as hyperactivity)
• Slowed growth • Hearing problems • Headaches

Lead Causes More US Recalls of China-Made Toys, Boston.com, August 22, 2007
Health Effects of Lead, Environmental Protection Agency
Related Web Resources:

Lead paint, magnets are latest concerns, Boston.com, August 15, 2007
U.S. Consumer Product Safety Commission
Continue reading

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A 77-year-old Cape Cod man died early this morning in a traffic collision on Lower County Road in Dennis, Massachusetts.

Albert Alissi died at the accident scene after being hit by a 1999 Mercury Sable being driven by Dennisport resident Todd Jenkins, 42. Jenkins then hit a hydrant, which caused a flood and a sinkhole.

Jenkins was treated at Cape Cod Hospital where he was later released.

The National Highway Traffic Safety Administration says that 4,881 pedestrians were killed in traffic collisions in 2005, while 64,000 others were injured.

The Federal Highway Administration says that the chances of dying in a pedestrian accident grow as a person gets older. An elderly person’s hearing and eyesight might become worse, their reflexes may become slower, and they may be unable to walk quickly.

Safety.com offers a number of safety tips for pedestrians, including:

• Walk on sidewalks. If you must walk on a road with no sidewalks, walk facing traffic.
• Cross only at street corners, preferably those with a traffic light, and within marked crosswalks.
• Wear bright-colored or reflective clothing, especially if you have to walk at night.
• Avoid walking in the dark and during bad weather such as snow, rain, ice, or fog.
• Look left, right, and left again before crossing the street, and be on the lookout for turning or backing vehicles.
• Make eye contact with the driver before crossing in front of a vehicle. Stay out of the driver’s blind spot.
• Learn the proper use of “Walk/Don’t Walk” signals.
• Walk and cross with other pedestrians whenever possible.
• Wear proper and well-maintained footwear.

Injuries in pedestrian accidents can be catastrophic if not fatal. Injuries can include spinal injuries, brain injuries, burn injuries, and broken bones. If you or someone you love has been injured in a pedestrian crash, you should speak to a personal injury attorney immediately to see if the liable party can be held civilly and financially accountable for your recovery costs.

A good personal injury lawyer can also file a wrongful death claim for you if your loved one was a pedestrian killed in a traffic accident.

Pedestrian Crash Facts,
Walkinginfo.org
Focusing on the Senior Pedestrian, Federal Highway Administration
Street Smarts for Senior Pedestrians, Safety.com

Related Web Resource:

Pedestrians: 2005 Traffic Safety Facts, NHTSA Continue reading

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A construction worker was injured a construction site at Pelham Road in Salem, Massachusetts, last week after the scissor lift that he was riding in tipped backward and fell to the ground. Semir Mehmedoxic, 20, fell out of the bucket. As of last Saturday, he was being treated at Beth Israel Deaconess Medical Center where he was reportedly in stable condition.

Mensur Ramic, a 21-year-old Manchester resident, says that he and Mehmedoxic had been sanding an exterior wall when the construction accident occurred. Ramic was able to grab onto the roof and pull himself to safety when the scissor lift tipped back.

Both men were at the site to help build a 60,000 square-foot gym that belongs to The Workout Club and Wellness Center chain.

Paul LeVasseur, the project superintendent, said that he did not know the man who fell and that different subcontractors often worked at the site. He criticized the lift machine’s condition. The lift machine had been provided by subcontractor Classic Exteriors LLC of Manchester. He thinks that the accident was caused by mechanical failure.

Firefighters had to siphon gas from the lift because a tank was punctured in the fall.

The Occupational Safety and Health Administration (OSHA) has been investigating the cause of the construction accident.

Injuries sustained at a construction site are frequently catastrophic, if not fatal.

Common kinds of construction accidents include

• Scaffolding accidents • Electrical accidents • Injuries caused by defective equipment • Cutting accidents • Falls
• Welding injuries • Exposure to hazardous or toxic substances • Faulty use of equipment • Improper maintenance or repair of construction machinery and vehicles
If you have been seriously injured at a construction site or while working at any other job in Massachusetts, you are eligible for benefits under workers’ compensation. A good workers’ compensation attorney can make sure that your benefits start immediately, and-if not-that you receive any back benefits that are owed to you.

Your workers’ compensation lawyer can also make sure that your employer and its insurance company are not preventing you from receiving the benefits that you are legally entitled to. If a family member was killed because of negligence or carelessness at a construction site, you may be eligible to receive benefits from the employer under your loved one’s workers’ compensation package.

If there is a third party that is considered a liable party, you may be able to file a personal injury or a wrongful death claim against them also.

OSHA investigates work site accident, Eagle Tribune, August 11, 2007
Worker hurt in fall at Salem construction site; Co-worker, dangling from roof, escapes injury, Eagle Tribune, August 10, 2007
Related Web Resources:

OSHA Assistance for the Construction Industry, U.S. Department of Labor
Department of Industrial Accidents, Massachusetts.gov Continue reading

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Mattel issued a recall today of its toys with small magnets and toys made in China that have hazardous lead paint. It is the toymaker’s second recall this month.

The world’s largest toymaker says it is recalling some 436,000 toys, including die-cast toy vehicles that feature the Pixar movie character “Sarge.” The toy vehicles were manufactured in China and are believed to have “impermissible levels of lead.”

In another recall action today, Mattel is recalling globally some 18.2 million toys with magnets. About 9 million of these toys were sold in the United States. The magnets are said to be powerful, can come lose easily, and choked on if swallowed. This recall follows an similar recall in 2006 after a number of children were critically injured or died after swallowing magnets from toys. Some 63 kinds of toys are included in this current recall, including a number of Batman toys, Polly Pocket toys, Barbie toys, and Doggie Day Care toys.

Mattel has apologized for the recall and says it is working with regulatory agencies, the Consumer Product Safety Commission, and retailers to take the recalled products off store shelves.

Earlier in August, Mattel recalled more than one million toys that were manufactured in China because they had dangerous levels of lead paint. Toys in this recall include a number of Dora the Explorer products and Sesame Street toys from Mattel’s Fisher-Price unit.

Toys are given to young children for the purposes of giving them pleasure or to educate or entertain them. Toys are often designated for their appropriate age group, so that children that are too young to enjoy or learn from a specific toy are not harmed unnecessarily because the pieces might be a choking hazard if swallowed or a toy requires the experience and skills of an older child.

It can be very traumatic for a child if he or she is hurt while playing with a toy. In instances where more than one child is injured or killed because a particular toy has proven dangerous or defective, a toy manufacturer might issue a product recall to have the toy removed from store shelves.

Toys with unacceptable levels of lead, flammable materials, excessively small pieces, or sharp pieces or edges can sometimes lead to serious injuries if not death.

The parents of a child that is hurt because of a dangerous or defective toy may have grounds to file a products liability claim or lawsuit to hold the manufacturer, distributor, or seller of a faulty product liable for the injury.

Mattel Issues New Recall of Chinese Toys, New York Times, August 14, 2007
Mattel Recalls 9 Million Toys in US, CNN, August 14, 2007
Related Web Resources:

Toy Hazard Recalls, U.S. Consumer Product Safety Commission
Toy Safety – Injury Statistics and Incidence Rates, Children SNYP.org
List of Toys in Mattel Recall, Forbes.com, August 14, 2007 Continue reading

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