February 15, 2017

The Shocking Frequency of Gas Line Accidents in MA

Every year in Massachusetts, hundreds of gas line accidents are caused by contractors, construction workers, and utility companies. In addition to being extremely dangerous, these accidents are costly and can lead to closed roads and other problems. In 2015, an explosion in Springfield injured 18 people and damaged 42 buildings when a utility worker accidentally hit a high-pressure gas line. Unfortunately, these accidents occur with relative frequency. Although most incidents are contained, larger explosions can result in serious injuries and fatalities.

WWLP 22News launched an investigation into these accidents, reviewing state records and interviewing contractors and utility companies. The findings were shocking – between November 2012 and December 2015, a total of 1,434 gas line accidents were reported. That’s an average of more than one accident per day. Outside of Boston, Springfield and Chicopee had the highest reported number of accidents, with Springfield registering 48 and Chicopee registering 50. “There’s so many roads in Chicopee that are under construction, and more work being done, there’s more of an inherent chance that something might get hit,” said Mark Galerneau, Chicopee’s Fire Captain, “If the contractor is doing their due diligence and do what they’re supposed to do I think they can minimize the problems.”

The problem is, employers don’t always do their due diligence, and workers can suffer the consequences. If you have been injured due to employer negligence, it is in your best interest to consult with a MA work injury lawyer as soon as possible. You may be entitled to compensation for your injuries.

Hundreds of Violations Discovered

According to state records, adequate precautions were not taken in 522 of the reported gas line accidents, and the lines were incorrectly marked or not properly maintained in 413 of the accidents. And in many cases, Dig Safe was never called. Dig Safe is a communication network that exists to notify utility companies when excavation work will be performed near their installations, and state law requires that individuals and companies performing excavations call Dig Safe prior to beginning work. Although Dig Safe training is not mandatory, following established laws is. Fines for violating these laws include:

First offense: $1,000
Second or subsequent offenses within a 12-month period: $5,000 to $10,000

Follow OSHA Regulations to Avoid Gas Line Explosions

The Occupational Health and Safety Administration (OSHA) has established excavation requirements to protect workers from accidentally causing damage to underground gas lines. Prior to beginning any type of excavation, workers should:

Establish the location of underground gas lines.
Contact appropriate utility companies or property owners to establish exact location of underground gas lines.
If utility companies or property owners do not respond to the request within 24 hours, workers may proceed with caution with the assistance of detection equipment.
Use a safe and acceptable method to determine the exact location of gas lines.
When the gas line is located, it should be protected, supported, or removed as deemed necessary for the protection of workers and the local area.

February 10, 2017

Hernia Mesh Surgery Failure- Do You Have a Case?

by Altman & Altman

What is a hernia?

The use of surgical hernia mesh is the one of the most commonly-utilized medical devices used to repair hernias – which occur when a muscle or organ protrudes through another piece of muscle or connective tissue due to increased amounts of pressure in the area of the body where the hernia occurs.

There are six common forms of hernia, and they can occur throughout different areas of the body; from hernias that erupt through a surgical scar to hernias that occur near the belly button. Hernias can happen to anybody, from those who are chronically obese to Olympic athletes and can occur regardless of age or gender.

February 10, 2017

Types of Head and Brain Injuries and Their Causes

by Altman & Altman

According to the Centers for Disease Control and Prevention (CDC), about 1.4 million people in the U.S. suffer some type of brain injury annually. Brain injuries can range from mild concussions to severe brain damage. If your brain injury was caused by another’s negligence, you may be entitled to compensation for medical expenses, pain and suffering, and lost wages.

Most Common Causes of Brain Injuries

Any type of trauma to the head, or sudden, violent “jostling” of the body, can result in injury to the brain. However, the causes below account for the majority of reported brain injuries annually.

Slip and fall accidents: Falling accounts for about 40 percent of all brain injuries in the US. The very young and the very old are most at risk. In children between the ages of 0 and 14, more than half of brain injuries are a result of falls. More than 80 percent of these types of injuries in the elderly are fall-related. A skilled Boston slip and fall attorney can help you determine whether to file a lawsuit for your injuries.

Blunt trauma: About 15 percent of all brain injuries in the US are caused by unintentional blunt trauma to the head. Blunt trauma usually occurs when the victim is hit by an object. For example, if a child “sneaks up” on mom or dad while they are golfing and gets hit in the head with a golf club, the child could suffer blunt trauma, and thus a brain injury. Nearly one-quarter of all brain injuries in children are caused by blunt trauma.

Motor vehicle accidents: Car crashes are the third leading cause of brain injuries, accounting for about 14 percent annually. However, they are the second leading cause of brain injury-related fatalities, at about 26 percent. Brain injuries can occur even without blunt trauma to the head. For example, if a car accident causes the body to jostle back and forth violently, the brain could move within the skull, resulting in brain damage.

Types of Brain Injuries

An individual’s prognosis following a brain injury is largely dependent on the type and severity of the injury. A mild concussion, for example, will likely heal well on its own without long-term side effects. But the most serious types of brain injuries can result in cognitive and physical impairments, and even death.

Concussion: When sudden movement or impact results in injury to the brain, the victim may experience a concussion. This is the most common type of brain injury and can be caused by direct trauma to the head or through violent shaking or force. Car crash-related whiplash is a common cause of concussions, as are sports injuries. A brief loss of consciousness may or may not occur, and concussions can range from mild to severe.

Contusion: This type of brain injury is characterized by bleeding on the brain, and is generally caused by blunt trauma to the head. Some contusions may need to be removed through a surgical procedure.

Coup-Contrecoup: These injuries occur when the brain suffers damage at the site of impact as well as on the opposite side. If blunt force to the head causes an injury at the site of the impact, but is forceful enough to slam the brain into the opposite side of the skull as well, the victim may suffer a coup-contrecoup injury.

All of the brain injuries above can be mild or serious, even fatal. If you are concerned that you may have experienced a brain injury, seek immediate medical attention. If your injury was the result of another’s negligence, you may wish to consult with a Boston brain injury attorney to determine whether you have a successful lawsuit on your hands. Although it’s always best to file a lawsuit as close to the injury incident as possible, even an older injury may be worth looking into. Continue reading

February 1, 2017

Slip and Fall Accidents at the Shopping Mall- Who is Liable?

by Altman & Altman

Slip and fall accidents are the most common injury suffered at shopping malls. They can occur due to uneven pavement in parking lots, spills in food courts that haven’t been mopped up, and ice and snow on walkways. Shopping malls also have escalators, which can result in serious injuries if poorly-maintained. If you have been injured in a slip and fall accident at the mall, contact a Boston personal injury lawyer today.

If you are injured in a slip and fall accident at the mall, you are likely to have two personal injury claims, one against the mall and one against the retail store you were in at the time of the incident. In a situation involving a retail store, you will file a claim against the store first, and the mall second. For example, if you are injured when you trip over an electrical wire in Old Navy, you will file the primary claim against Old Navy and the secondary claim against the mall in which Old Navy is located. If, however, your injury occurs in a common area, such as the food court, restroom, or parking lot, the claim will be against the mall alone. There is also the possibility that the mall brings in third parties to provide services such as clean, provide maintenance, plow, and they too may be liable if the cause was their fault.

Who is Liable?

January 27, 2017

Three common types of white collar fraud

by Altman & Altman

The act of fraud – knowingly deceiving an individual, government entity or business, usually for personal profit – is unfortunately a common practice across the world, from something as small-time as selling a knock-off designer brand purse to something as high-profile as widespread corporate revenue schemes.

Sometimes, perpetrators of fraud are only brought to light with the help of a whistleblower, usually through a program operated by the Securities Exchange Commission (SEC) or the Internal Revenue Service (IRS). Both governmental organizations have robust whistleblowing programs that help catch fraudsters.

The following is a summary of three types of fraud, usually committed by bigger businesses.

January 24, 2017

IRS Whistleblowing – Overview

by Altman & Altman

The Internal Revenue Service (IRS) is the federal governmental body responsible for collecting taxes from individual citizens as well as companies. Failing to pay taxes, criminally misreporting your wages or conducting other acts of tax fraud are serious crimes that can result in heavy fines and jail time.

The IRS also contains an office that deals entirely with assisting whistleblowers – essentially any person or persons who help bring an act of tax fraud or tax evasion to the attention of the IRS – in bringing charges against individual offenders of tax law.

Being a whistleblower for the IRS can be an incredibly lucrative endeavor, as well as a just thing to do, since the people getting the whistle blown on them are almost certainly in clear, knowing violation of the law. A whistleblower can be awarded up to 30 percent of the additional taxes, penalties and other amounts collected by the IRS as a result of the crime coming to light.

January 24, 2017

Teach Your Children How to Avoid a Dog Attack

by Altman & Altman

Dog attacks actually happen quite frequently, and most involve children. Minor nips and bites are rarely reported, but the CDC reveals that approximately 4.5 million people report being bitten by dogs annually. The vast majority of these cases can be avoided, especially when they involve children. Read the tips below to avoid dog attacks and keep your kids safe. If your child has been bitten or attacked by a dog, contact a Boston injury lawyer today.

Tips to Prevent Dog Attacks

Children should never approach an unknown dog. It doesn’t matter if the dog is a teacup chihuahua wearing a pink, crocheted hat. Any dog can bite, and even small dogs can cause serious damage. If you see a loose dog wandering around, leave the area immediately.

January 24, 2017

$25 Million Settlement for More Than 1,000 Asbestos-Exposure Victims

by Altman & Altman

Hundreds of deaths and thousands of illnesses have been linked to asbestos exposure in the now-defunct W.R. Grace and Co. mine in Libby, Montana. Recently, more than 1,000 victims were awarded a $25 million settlement in a lawsuit alleging that Libby miners were never warned about the contaminated mine. The settlement, which involves nearly 100 lawsuits, claims that Montana health officials failed to protect victims. The state, however, argues that it had no legal obligation to warn workers.

What is Asbestos?

This settlement serves as a reminder that asbestos-related illnesses and deaths are still a significant problem in the United States. Exposure to asbestos, a naturally-occurring mineral made up of fine fibers, can lead to serious health conditions, such as mesothelioma, asbestosis, and cancer. Before its health risks were known, asbestos was commonly used in everyday products, including insulation and protective gear, due to its heat and fire-resistant properties. If you have suffered harm due to asbestos exposure, contact a Boston personal injury lawyer today.

January 18, 2017

Escalator incident leads to lawsuit in New Jersey

by Altman & Altman

A New Jersey family is filing suit against Simon Property Group and an escalator manufacturer after a terrifying escalator incident in a Pennsylvania mall resulted in the amputation of a 7-year-old’s toes on his right foot in 2014.

According to NJ.com, the boy and his family were shopping at the Oxford Valley Mall (owned by Simon Property Group) in Langhorne, Penn. on Dec. 14, 2014 when the boy’s foot became trapped in the escalator while he was riding it down.

The boy’s foot became trapped off the side of one of the steps, and then kept moving downward, but luckily somebody was vigilant and responded quick enough to hit the emergency stop button on the escalator, preventing more tragic damage.

January 18, 2017

The dangers of a MRSA outbreak, and why hospitals must follow all state mandated precautions.

by Altman & Altman

According to a recent investigation, thousands of deaths related to infections contracted in hospitals may have gone unreported. In one example, the death of a newborn was blamed on sepsis due to premature birth when the actual cause was an outbreak of methicillin-resistant Staphylococcus aureus (MRSA) in the hospital’s neonatal ward. Whether the lack of reporting is due to poor tracking or a more ominous cover-up is not yet known. But the firing of a New Jersey nurse may reveal some answers.

Catherine Tanksley-Bowe was a nurse at Cooper University Hospital in Camden, New Jersey, until she was fired in August of 2016. Tanksley-Bowe claims that her firing was in retaliation for her exposure of the hospital’s mishandling of a staph infection outbreak in the infant intensive care unit. She claims the hospital did not take the proper, state-mandated precautions to prevent the spread of MRSA in the neonatal unit. According to the New Jersey Department of Health, two of the eight infants who contracted the infection later died. Following the incident, the state’s inspection of the hospital uncovered “several infection control deficiencies.” If you have contracted an infection that you believe may be related to hospital cross-contamination, contact a Boston injury lawyer today.

What is MRSA?

This highly-contagious bacteria, known as a superbug, can cause infections in different parts of the body. Because it is resistant to many commonly used antibiotics, MRSA is much more difficult to treat than other infections. Symptoms vary depending on the infection site, but include sores or boils as well as more serious complications, such as lung and blood infections. When promptly identified and treated, MRSA infections are usually not life threatening. However, in cases such as the hospital outbreak above, when fear of legal action results in a lack of reporting and immediate treatment response, MRSA can be fatal. If you believe that another’s negligence has caused you harm.

Was NJ Nurse Fired for Calling Attention to Hospital Deficiencies?

According to Tanksley-Bowe’s lawsuit, on August 8 she informed the hospital’s environmental service representative and administrator about the failure to follow state guidelines for cross-contamination prevention. She also claims to have told the hospital’s Chief of Pediatrics that Cooper should stop accepting babies into the intensive care unit and inform other hospitals of the infection. Tanksley-Bowe says the hospital didn’t heed her advice, and she was fired three days later.

What is Medical Malpractice?

If the Court believes Tanksley-Bowe’s claims to be true, the hospital may be liable for wrongful termination as well as medical malpractice. However, for a medical malpractice claim to be successful, certain elements must be present. Simply making a mistake is not enough. If the elements below are all present, it may be wise to file a medical malpractice lawsuit: