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If another’s negligence caused a car accident and you were injured, the experience can be emotionally, physically, and financially difficult. If you were pregnant at the time, the experience can be devastating. In the wake of such an occurrence, it’s important to know how to act to protect yourself, your baby, and your financial future.

According to studies, the actions a pregnant woman takes following a motor vehicle collision have a significant impact on the health of her pregnancy. Pregnant women are uniquely vulnerable in any type of collision, even a minor fender bender. Without immediate treatment, trauma from a car accident can result in pre-term labor, hemorrhaging, birth defects, a high-risk situation that did not previously exist, and miscarriage. On a more subtle level, a car accident can result in emotional stress, which can be bad for both mother and baby.

Symptoms to Watch For

If you’ve been involved in a car accident while pregnant, seek immediate medical attention. Although you and your baby may be perfectly fine, it’s always better to be safe than sorry. In addition, if you notice any of the following symptoms following a car accident, contact your physician immediately:

  • Loss of consciousness
  • Vaginal bleeding
  • Leaking of vaginal fluid
  • Umbilical cord protrusion (if you believe that the umbilical cord is protruding into your vagina, contact your doctor and immediately get down to your knees, making sure that your buttocks are higher than your head. If your umbilical cord is indeed protruding, this will reduce pressure until help arrives).

Sometimes symptoms don’t present for several days following a car accident. If any of the following symptoms appear days or weeks after a motor vehicle collision, seek medical attention:

  • Swelling of the face
  • Swelling of the fingers
  • Vaginal bleeding
  • Increased vaginal discharge
  • Constant headaches
  • Pain in abdominal area
  • Pain in shoulder area
  • Fever or chills
  • Vomiting not associated with morning sickness
  • Change in frequency of baby’s movements
  • Painful urination
  • Dizziness

Even when the mother has not suffered physical injury, it is still possible for the fetus to be injured. A contra-coup injury occurs when a concussion or shock is produced by a blow or jolt to another area of the body. For example, a violent stopping motion could jostle the baby within the mother’s womb, resulting in a concussion to the baby. If you have been involved in a car accident while pregnant, contact a Boston car accident lawyer today.

If another drivers’ negligence caused you harm, it’s in your best interest to seek the counsel of an experienced motor vehicle accident attorney. In addition to helping you obtain the compensation you deserve, a skilled attorney can help reduce the stressful impact of legal proceedings and dealing with insurance companies at a time when you should be focused on your health, and the health of your baby. Continue reading

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Bicycling has seen a massive increase in popularity over the last decade, namely due to its health, environmental, and economic benefits. This is especially true in cities, where riding a bike reduces traffic congestion during the daily work commute. Boston is no exception. Miles of designated bike lanes, new legislation protecting bicyclists, and pro-cycling campaigns have had an immensely positive impact. But what about during the winter months? No Boston winter would be complete without sub-zero temperatures and snow-covered, icy, or slushy roads and walkways. Is winter bicycling safe?

If bicycling was solely a sport, it would probably have a season. And that season probably wouldn’t be winter. But cycling is no longer only a sport. More and more people use the bicycle as their main mode of transportation, and we are all better off for it. That being said, bicycling in Boston in the winter does have some drawbacks. But with the proper safety measures, winter cycling can still be a safe means of transport. If you have been injured in a bicycle accident, contact a Boston injury lawyer today.

It’s All About the Gear

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When icy walkways, cluttered aisles, or dimly lit hallways result in a slip and fall accident, you may be entitled to damages for injuries. But what if you fall down the stairs? Can negligence play a role in stairwell falls. The answer is – absolutely.

You may think that all stairwells are created equal, but they actually come in all shapes, sizes, and conditions. When stairwells are poorly designed, constructed, or maintained, or if lighting is poor, the risk of serious injuries and death is a very real concern. If you have suffered injuries due to a stairwell fall, contact a Boston personal injury lawyer today.

If a stairwell is improperly designed or constructed, it can result in falls. Dangerous stairwells aren’t necessarily old and in disrepair. A brand new stairwell can be poorly designed and / or constructed. For example, if the designer miscalculated appropriate depth on some of the steps, this would fall under the category of poor design. If the designer’s plans were accurate, but the construction crew mistakenly made some of the steps too short or too wide, this would be an example of poor construction. Alternatively, if the steps were designed and constructed perfectly, but wear and tear has made a step wobbly, this could indicate poor maintenance.

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Concussions are brain injuries caused by trauma to the head, usually associated with motor vehicle collisions, sports injuries, and falls. In addition to blunt trauma, concussions can also occur when the brain is “jostled around” in the head. For example, the brain may move back-and-forth in the head during a violent, high-impact car crash even if the head remains untouched. Concussions are often classified as “mild” brain injuries because they are usually non-fatal. However, complications arising from concussions can be extremely serious.

Emergency departments see more than 2.5 million concussion and traumatic brain injury (TBI) patients every year, according to the Centers for Disease Control and Prevention (CDC). The most challenging aspect of treating a concussion, and identifying the exact cause, is that concussions often don’t appear for days, weeks, or even months following the injury. This is why it is so important to get immediate medical attention following a high-impact accident, or one involving direct trauma to the head. Symptoms can be temporary, or they can be permanent.

Concussions and Car Crashes

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The controversy surrounding Bair Hugger surgical warming blankets doesn’t appear to be going away anytime soon. Just one year ago, there were approximately a dozen lawsuits pending against the medical device’s manufacturer, 3M. Today, there are nearly 900. Lawsuits claim that the warming blankets caused surgical site infections. Even worse, new evidence shows that 3M may have known about the risks for years, but failed to warn patients and physicians.

Most commonly used in knee and hip replacement surgeries, surgical warming blankets are associated with an even greater risk of causing infections in people with certain conditions. Some of these high-risk conditions include diabetes, immune deficiencies, obesity, and peripheral vascular diseases. Although the Bair Hugger warming blankets continue to be used widely throughout the medical world, questions about the device’s safety are quickly taking center stage. If you’ve been injured by a surgical warming blanket, contact a Boston defective medical product attorney today.

How Can Surgical Warming Blankets Cause Infections in Patient?

It may seem far-fetched to imagine a blanket causing life-threatening infections in a patient. How is this possible? Well, it’s not really the blanket itself that causes the infection, but rather the warming system that forces warm air into the blankets to keep a patient warm. Because the warming system sits on the floor, it can easily become contaminated. If contamination occurs, the warm air being forced into the blankets can also be contaminated. Having just undergone surgery, the patient will likely have at least one open wound on his or her body. If contaminated air reaches a surgical incision or wound, the bacteria may enter the patient’s body, resulting in infection. Basically, the warming system can circulate the contamination from a hospital floor into warming blankets that are placed directly on the patient’s skin. If you’ve been harmed by a defective medical product, contact a Boston injury lawyer today.

Why Are Bair Hugger Warming Blankets Still Being Used?

If these devices are so dangerous, why are they still being used? Short answer – it’s complicated. For starters, the same question could be asked of a seemingly-infinite number of medical devices, pharmaceuticals, vehicle parts, and other consumer goods. The desire to get products to market fast can cast a dangerous shadow on potential dangers. Furthermore, determining the exact source of an infection is not exactly easy. This is especially true in hospitals. Patients acquire infections in hospitals with shocking frequency. In addition, infections can take weeks to become apparent. Proving that the nearly 900 claimants acquired infections via surgical warming blankets, therefore, can be challenging. That being said, the medical community isn’t going to voluntarily shoulder the blame for warming blanket infections.  And in light of new evidence, physicians are becoming increasingly skeptical of the product’s safety. Continue reading

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Seat belt use first became regulated in 1983, when many states adopted laws requiring drivers and front-seat passengers to wear seat belts. Beginning in 1989, laws went into effect that required children in the back seat to buckle up as well. Although injury accidents have seen a dramatic reduction since the beginning of seat belt regulation, seat belts aren’t perfect. They can’t prevent every injury and sometimes they can actually cause them.

What Ford Models are Affected?

Seat belt-related injuries are usually a result of improper use or a manufacturing or design defect. In recent years, multiple vehicle recalls have been issued due to seat belt defects. The most recent recall comes from Ford Motor Company and involves the recall of about 680,000 Ford vehicles due to a seat belt issue. The models affected by the recall include:

  • Ford Modeo cars: 2015-2016
  • Lincoln MKZ: 2013-2015
  • Ford Fusion passenger cars: 2013-2015

Apparently, in all of the models above, heat generated can cause seat belt cables to break during the deployment of a belt pre-tensioner. The pre-tensioner tightens the seat belt in a crash, therefore, this defect may result in less protection during a collision. In fact, two injuries associated with the defect have already been reported.

Ford says it will instruct dealers to fix the problem by injecting a substance into the pre-tensioner that will protect the component from increased temperatures. Ford Dealers should begin fixing the defect at no cost beginning the week of January 16, 2017. If you’ve been injured due to a defective vehicle part, contact a Boston injury lawyer today.

Major Vehicle Recalls of 2016

In many ways, 2016 has been a year of controversy, and lots of folks are ready to see this year come to an end. In addition to a politically-divisive presidential campaign and the loss of several music legends, 2016 saw a significant number of vehicle recalls. As this challenging year comes to a close, let’s look at some of the largest vehicle and vehicle part recalls of 2016.

  • Takata airbag recall: Due to defective inflator and propellent devices, metal fragments could shoot from the airbags when deployed, injuring or killing vehicle occupants. One of the largest vehicle part recalls in history, the Takata airbag recall impacted about 34 million vehicles worldwide.
  • Honda airbags: Nearly three million Honda vehicles were affected by this recall. In some Honda airbags, moisture intrusion could cause the inflator to rupture upon deployment.
  • Nissan passenger occupant classification systems: More than three million Nissan vehicles were impacted by a faulty occupant classification system which could incorrectly register an occupied seat as empty or an adult occupant as a child. This error could, in turn, result in the shut-off of a front passenger airbag.
  • Continental Automotive Systems airbags: Nearly five million vehicles with these airbags were involved in this recall. Due to possible corrosion of the power supply component, these airbags could fail to deploy during a crash or could accidentally deploy for no reason.

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When most people think of IKEA, they think of affordable, sleek, modern furniture that customers assemble themselves. However, three recent tragedies may change the way some of us think about the stylish Swedish furniture company. Three wrongful death cases have been filed against IKEA for the deaths of three toddlers who were crushed when defective dressers fell onto them. The lawsuits, for three separate incidents, were filed in the state court in Pennsylvania. IKEA has agreed to settle the lawsuits, which claim the company was negligent in its manufacturing of the dressers, for $50 million.

Although these recent tragedies are especially disturbing, they are not the only wrongful death lawsuits filed against IKEA for defective furniture. In fact, there have been a total of seven deaths linked to the company’s unstable furniture. Further, new evidence shows that IKEA may have known about the risk of death. If you have been injured by a defective product, contact a Boston injury lawyer today.

In the cases involving the three toddlers, IKEA initially denied blame, arguing that the parents were at fault for not properly anchoring the dressers to a wall. The manufacturer’s assembly instructions did, indeed, include this last step. However, the court ruled in favor of the victims’ families, saying that consumers commonly ignore instructions to anchor furniture to a wall. Although this last step may provide better stability, a reasonable person wouldn’t think that ignoring it would result in the death of a child. User error is certainly taken into account in defective product cases, however, it can only go so far. In the above cases, a warning to anchor the dresser was not sufficient to insulate the company from liability.

Massive IKEA Recall

Earlier this year, nearly 30 million IKEA dressers were recalled because they didn’t meet safety and stability standards. In addition to the recall and the large settlement, IKEA is increasing efforts to raise awareness about the importance of furniture anchoring through its “Secure It” program. If you’ve been injured by a defective product, contact a MA injury lawyer today.

The Four Elements of a Defective Product Liability Claim

If you have suffered personal injury or property damage because of a product, you may have a defective product liability claim. To win your case, you must prove that the elements below existed:

  • You were injured or suffered a loss as a result of using the product
  • The product was defective
  • The product’s defect directly caused your injury
  • You were using the product for its intended use

If any of these elements did not exist, you may have a difficult time winning a defective product lawsuit. With the help of a skilled defective product attorney, however, your chances of a successful lawsuit are dramatically improved. Defective product liability is a complex area of the law; find an attorney who has extensive experience in this specific area. Continue reading

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More and more employers are using workers’ contracts to quietly strip workers from bringing lawsuits against them. In one of the most recent, and highest profile examples, Uber drivers have effectively signed away rights to sue the transportation-technology giant. Uber’s workers’ agreements have included an arbitration clause since at least 2013, which says that drivers must resolve legal disputes through arbitration rather than bring a lawsuit against the company. However, the impact of this clause hasn’t been particularly evident until recently, when a federal appeals court ruling put a potential $100 million class action settlement at risk.

In 2014, two California-based Uber drivers alleged that the company violated federal credit reporting laws. Both drivers filed lawsuits. In 2015, a U.S. District Court judge ruled that Uber could not force the plaintiffs into arbitration, calling it “procedurally and substantively unconscionable, and therefore unenforceable as a matter of California law.” Of course Uber appealed this decision, and the Ninth Circuit Court of Appeals panel overturned the ruling. As a result, the plaintiffs in the cases above will be forced into arbitration, removing their option for a class action lawsuit. This decision also impacts multiple pending lawsuits, and inevitable future lawsuits, against Uber. If you’re concerned about a workers’ contract you have signed, or are considering signing, contact a skilled MA lawyer today.

Hundreds of Thousands of Uber Drivers May be Affected

Last year, Uber agreed to pay a $100 million settlement, which would have been spread out to about 400,000 drivers in Massachusetts and California. But the settlement was rejected for being too small; the drivers could have won more than $850 million at trial. If Uber files a motion to apply the Ninth Circuit ruling to the pending case above – which it likely will – its success will mean that only drivers who opted out of the arbitration will be eligible for a payout. This would effectively exclude all but a few thousand of the 385,000 drivers included in the class action.

Compulsory arbitration is typically bad for the little guy and good for the company – in this case, Uber. In fact, arbitrators have a hidden motivation to be gentle with the big fish because large businesses are often involved in disputes and will continue to have a need for arbitrators. It doesn’t take a genius to figure out that big companies can benefit from hiring arbitrators who typically decide in their favor.

The arbitration clause in Uber’s workers’ contract is intended to protect the company from being sued by its drivers for injuries and property damage. For example, if a driver hits a pedestrian because she was looking at the Uber app to determine her next ride’s location, she can’t sue Uber for damages. If you’ve been injured in any type of accident, work-related or not, contact a Boston injury lawyer today. Continue reading

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Cases involving doctors, hospital staff, patients and administrators defrauding the federal government out of large amounts of money through healthcare scams are, unfortunately, almost a monthly occurrence. Medicare fraud results in higher healthcare costs for everyone, and it is estimated that the government loses billions of dollars every year as the result of fraud.  Multi-million dollar, and in sometimes over $1 billion, cases are publicized by government enforcement agencies – such as The U.S. Department of Health and Human Services’ Health Care Fraud Prevention and Enforcement Action Team (HEAT) and their targeted strike force teams – to try and inform the public about these schemes and serve as a warning to others who may try to perform similar unscrupulous acts.

Generally speaking, there are three main types of Medicare fraud – all of which involve either an individual or collective of co-conspirators falsifying official government documents with their own best interests in mind, usually at the expense of patients, the government or other healthcare professionals. The three main types of Medicare fraud are:

Phantom Billing

Phantom billing occurs when a hospital, treatment center or other kind of healthcare facility bills Medicare for services, drugs, treatments or any billable item that the patient did not knowingly authorize or did not receive. The fraudster may bill Medicare for a test that the patient did not require, and did not even undergo. In this type of fraud, the patient is not aware that the unauthorized billing is taking place.

Patient-involved Billing

In this form of fraud, the patient or patients are actually in on the scam. They will provide their Medicare information and then knowingly falsify claims that the healthcare provider makes about their treatment, usually for financial or medical-related kickbacks.

Upcoding and unbundling schemes

“Upcoding” schemes involve the healthcare provider pretending that a patient needs more expensive treatments and services than actually necessary by falsifying the Medicare billing codes. “Unbundling” refers to when a healthcare facility splits a series of tests or procedures into individually-billed items, which results in higher Medicare costs than if the tests or procedures were billed as a “bundle.”

The government does not play around with Medicare fraud

The United States Department of Health and Human Services, the Attorney General’s Office, the Office of the Inspector General and the United States Department of Justice combined resources in 2007 to create task forces specifically designed to go after all types of Medicare fraud in the country. They are based out of Florida, California, Michigan, Texas, New York, Louisiana and Illinois. These task forces, in accordance with their parent government agencies, relentlessly pursue fraud and have garnered some impressive results. According to their data, the task forces have found over 1,500 criminal actions, leading to 2,185 indictments and a grand total of nearly $2 billion in recovered money. Continue reading

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The 2016 holiday season is in full swing. For all the wonder, joy and excitement that comes with it, so too does potential hazards to your health (and your bank account). There are a more than a few ways to be injured, or negatively affected, even in the most wondrous of wintry worlds.

As you navigate winter wonderlands, go riding in one-horse open sleighs, or even make a trek to the North Pole to see what this Santa fellow is all about, please be wary of these five potential hazards this season.

1. Perilous conditions

The biggest holiday hazard could be nothing else for us New Englanders. With the unparalleled good of the holidays comes the brutal beginnings of another northeastern winter.  Whether it’s black ice and snow causing deadly conditions on the roads and highways, frosted stairs and sidewalks providing a slipping hazard, or snowfall causing dangerous roof cave-ins and ice dams, the weather conditions of the holiday season alone provide enough dangers to fill up emergency rooms across the region.

Always make sure that you have road-worthy tires on your vehicles (winter tires if you can afford them), that your brakes are in order and that your headlights are functional. Always exercise extra caution and go slow when the weather turns for the worse.

2. More traffic means dangerous traveling

A simple and unfortunate fact of modern life is that you are much more likely to get involved in a vehicular accident when there are more people on the roadways. With the craziness of the holiday shopping season, people flock to stores, malls and outlets like moths to a flame. People also travel more during the holiday season to visit relatives and loved ones.  The added traffic will certainly cause much frustration, but it can also cause harmful and deadly accidents when combined with poorer visibility (since it gets dark earlier) and dangerous road conditions from snow and ice. Always exercise defensive driving tactics and keep alert!

3. Online scams

The allure of online shopping is obvious. It’s convenient, simple, and oftentimes the best deals can actually be accessed from your computer chair rather than a mall kiosk. However the simplicity and accessibility of online shopping has also opened up a door for scammers, identity thieves and cyber attackers intent on stealing your personal data for their own benefit.  Always be wary of offers that seem too good to be true (you are NOT the one millionth customer and you did NOT win a free iPad), never give our your personal or financial information to strange websites, and always use your instincts to avoid places and situations that just feel fishy.

4. Decoration complications

Who doesn’t love a beautiful light display or a jolly inflatable Rudolph adorning the roof ? Decorations are part of the magic of the holiday season, but they can also spell disaster for the decorators. Lights need strung to rooves, which puts you at risk of a serious fall. Christmas trees with old, incandescent lights are potential fire hazards. Somebody may have negligently secured their tree to their car, causing it to spill onto the road in front of you and make you crash.

5. Holidays lead to more alcohol consumption

For some people, the holiday season is the time to be merry. And what gets people merrier than a little spiked eggnog? Unfortunately, an abundance of holiday parties also leads to an abundance of intoxicated driving, which only makes the wintry conditions more dangerous. Never drink and drive! Besides, it’s cold outside. Wouldn’t you rather stay the night by the fireplace? Continue reading

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