November 11, 2016

Slips and falls accidents – Who is responsible?

For anybody, but especially the elderly and the physically disabled, a simple slip or fall can result in horrendous pain, suffering and medical expenses. It is not uncommon for the elderly to fracture multiple bones after a slip or fall, and 818 workplace deaths were caused by slips and falls in 2014, according to the Census of Fatal Occupational Injuries, one of the leading causes of death for American workers. Many times, a slip or a fall is simply a tragic accident. Perhaps the floor hadn’t dried completely after cleaning, or there was a shoe left in the middle of a hallway or you simply lost your balance. These things happen, and hopefully you are covered by insurance or other means to get the medical treatment you need.

In other cases, however, your slip or fall may have been directly caused by the negligence of an employer, a property owner or a business. In these cases, where a tragic fall or slip could have been foreseen and prevented, you have a legal right to seek damages from the perpetrating party and they are fully, legally responsible for your pain, suffering and medical expenses that result from the incident. If you have suffered from a slip and fall accident whether at work or as the result of someone’s negligence give us a call and speak to an experienced Boston injury lawyer to find out what rights you have and what benefits you may immediately be entitled to.

Some responsibilities for preventing falls and slips on flooring include the following. If these steps are not taken, those who failed to maintain these precautions may be liable for your fall.

November 9, 2016

Slip and Fall Accidents Don’t Only Happen in the Winter Months

by Altman & Altman

Slip and fall accidents are responsible for thousands of injuries and deaths annually. Although slipping and falling is more prevalent in Massachusetts during the winter – when roads and walkways tend to be covered in snow or ice – a variety of other conditions can increase the risk of slip and fall accidents. If you slipped or tripped due to a property owner’s negligence.

Common Causes of Slip and Fall Accidents

If a property owner’s failure to appropriately maintain his or her premises has caused you harm, you may be entitled to damages for pain and suffering, lost wages, and medical expenses. The conditions below are commonly cited in slip and fall lawsuits every year. If you have been injured in any type of accident, contact a Boston personal injury lawyer today. Poor lighting: Inadequate lighting in parking lots, walkways, and in any type of building, can lead to slip and fall accidents. Poor lighting can result in falls down stairs, tripping over curbs, and tripping on uneven surfaces, ground cracks, and holes. As with any type of slip and fall injury, the owner is generally only liable if he or she knew about the problem – or should have known about the problem – and failed to fix it.

Parking lots: A parking lot should be properly maintained in such a way that it is consistently safe for all who use it. In addition to filling cracks and holes and fixing uneven surfaces, parking lot owners must keep lots clear of excessive snow and ice, with an exception for “natural accumulation”. See below for more information on natural accumulation.

Ice and snow: If snow is falling heavily for an extended period of time, it would be unreasonable for a property owner to have to keep parking lots and walkways entirely clear of snow. This is called natural accumulation – it should be managed, but doesn’t need to be cleared completely. Unnatural accumulation, however, is a different story altogether. For example, if heavy snowfall piles on the roof and later falls onto a walkway, partially blocking a doorway, a resulting slip and fall injury could be grounds for a lawsuit.

Sidewalks and walkways: Public sidewalks are generally the responsibility of a city or town. However, if you are injured in a slip and fall accident on a sidewalk outside of a business, the business may still be responsible. If the sidewalk is used exclusively by customers of a business, some courts may still impose liability on that business. And if the sidewalks or walkways are privately owned, the business owner will almost certainly be responsible if you are injured due to poor conditions. Continue reading

November 8, 2016

Can One Concussion Cause Long-Term Damage?

by Altman & Altman

According to a recent study conducted by Oxford University scientists, when a young person suffers even one concussion, it can have long-term consequences. Head trauma can have a permanent impact on mental and physical health. This risk is greatly increased with multiple head traumas, but new evidence that even a single concussion can have catastrophic, life-long effects is alarming.

The study – the largest of its kind, to date – focused on individuals who suffered head trauma under the age of 25. The medical data covered a 40-year period, and the results of the study were startling. Young people who experience a single diagnosed concussion have:

A greater chance of receiving disability benefits
A greater chance of receiving mental health treatment
A lesser chance of graduating from high school than siblings
A lesser chance of attending college than siblings
Twice the risk of early death when compared to siblings without head injuries

In addition to the above results, the study also found that outcomes were better for those young people who suffered a concussion before the age of 15. In early childhood, the brain is more resilient than for young adults. For those who suffered multiple traumatic brain injuries, long-term consequences increased greatly. This new evidence is of special concern for families of children who participate in high-impact sports, such as football and rugby. Head injuries in young people are usually the result of sports injuries or motor vehicle accidents. If you are suffering from a head injury, contact a Boston personal injury lawyer today.

How to Identify a Concussion
A concussion may not be immediately obvious following a car accident or sports injury. Look for the signs and symptoms below if you or a loved one has experienced any type of head trauma.

Loss of consciousness immediately after the injury
Difficulty concentrating
Memory problems
Confusion
Blurred vision
Double vision
Severe headache or headache that won’t go away
Fatigue or drowsiness

November 7, 2016

Largest automotive recall in U.S. history ongoing

by Altman & Altman

A manufacturing malfunction has resulted in the recall of about 69 million Takata airbag inflators, used by 31 different vehicle makes around the world, primarily in cars made between 2002 and 2015. The chemical that is used to inflate and propel the airbag from its casing is prone to spontaneous detonation, which can result in airbags accidentally deploying or rupturing and causing dangerous situations while driving. If the airbag inflator is improperly activated, it can result in the driver being peppered with metal shards from the airbag’s casing. The National Highway Traffic Safety Administration (NHTSA) confirmed the 11th fatality stemming from these issues in the United States on Oct. 20th. Nine of these 11 deaths have occurred in either Honda or Acura models. More than 100 people worldwide have been injured as a result of this issue.

Automobile giants BMW, GM, Ford, Audi, Nissan, Jaguar/Land Rover, Mercedes-Benz, Mitsubishi, Fiat/Chrysler, Volkswagen, and Toyota are also affected by what has now become described by the NHTSA “the largest and most complex safety recall in U.S. history.” In total it is estimated that as many as 100 million vehicles worldwide could be potentially affected. Get the full list of vehicles affected HERE. The most dangerous models are reported Honda and Acura models made between 2001 and 2003, to which U.S. Transportation Secretary Anthony Foxx said, “Folks should not drive these vehicles unless they are going straight to a dealer to have them repaired immediately, free of charge.”

Some carmakers not immediately complying with recall

The recall states that these faulty airbags should be replaced by 2019, but this hasn’t stopped Fiat Chrysler, Mitsubishi, Toyota or Volkswagen from manufacturing and selling new cars with these potentially deadly airbags. While this is not illegal due to the recall not being mandatory for another couple years, it is undoubtedly immoral and may certainly result in more accidents and potential fatalities.

These manufacturers argue that studies have indicated the airbags don’t become faulty and dangerous until around six years after they are built, due to the ammonium nitrate degrading over that time by heat and moisture. Some of the inflators have a drying agent built in to prevent this from occurring, but millions more do not. By putting either kind of these potentially-dangerous inflators in new cars, these manufacturers are announcing loud and clear that customer safety is not their primary concern. Continue reading

November 4, 2016

Overview of OSHA whistleblower protections

by Altman & Altman

The Occupational Safety and Health Administration (OSHA) maintains a robust whistleblowing program which encourages and protects individuals who wish to report a safety concern from retaliatory penalties placed on them by their employers.

You may submit a whistleblower report multiple ways, including an online form, a document which you may print, fill out and mail in, or by telephoning or writing a letter to your local OSHA office. OSHA will then conduct an interview with the whistleblower to assess whether or not an investigation is necessary.

OSHA has official protections legislation in place for a large variety of different hazardous situations to employees. They prevent retaliation against employees who report hazardous safety conditions or safety violations. Some of them include:

The Asbestos Hazard Emergency Response Act
- Protects employees that report incidents of asbestos

The Clean Air Act
- Prohibits retaliation against employees that report issues regarding air quality

Federal Water Pollution Control Act
- Prohibits retaliation against employees that report incidents of polluting water sources

Solid Waste Disposal Act
- Protects employees that report violations relating to the disposal of solid and hazardous waste

Federal Railroad Safety Act/ National Transit Systems Security Act
- Protects employees of railroad carriers and contractors and transit employees who report hazardous safety or security conditions

Pipeline Safety Improvement Act
- Protects employees who report violations regarding pipeline safety and security

Surface Transportation Assistance Act
- Protects truck drivers and transit employees that refuse to violate safety regulations

Affordable Care Act
- Protects employees who report violations regarding discrimination, denial of coverage based on preexisting conditions or insurance company violations

Consumer Financial Protection Act
- Provides protections for employees that violate financial policies placed by the Bureau of Consumer Financial Protection, such as Wall Street infractions or fraudulent activity

Consumer Product Safety Improvement Act
- Protects employees that report violations of consumer product safety, including manufacturers, importers, distributors, private labelers, and retailers

FDA Food Safety Modernization Act
- Protects employees of food manufacturers, distributors, packers, and transporters that report any violation regarding the Food, Drug, and Cosmetic Act.

November 2, 2016

Does a Personal Injury Settlement Affect Social Security Disability Payments?

by Altman & Altman

If a disability has left you unable to work, you may be collecting social security disability (SSDI) payments. If negligence played a role in your injuries and you are considering filing a personal injury claim, will a settlement impact your ability to receive SSDI payments? SSDI is a federally-funded program that provides disabled workers with a source of income if they cannot continue working. The general rule of thumb with SSDI is that you must report any wages you receive – even if those wages are extremely low. For example, if your disability prevents you from working your full-time job, but you take a five-hour-per-week shift at the local library, you must report those wages.

A personal injury lawsuit may result in a large settlement or court award. Does this payout need reported to SSDI? Although this compensation may be substantially greater than wages earned from a part-time job, there is one significant difference – settlements are not wages.

Exceptions to the Rule

November 1, 2016

Uber crash under investigation in Boston

by Altman & Altman

Police are investigating what caused an Uber driver, carrying a passenger, to speed recklessly up a residential street in downtown Boston and wind up crashing through a brick wall of a Beacon Hill building. Nobody was hurt, thankfully, in the incident. It has been revealed, however, that the Uber driver has multiple driving violations dating back to 1986, with two incidents since 2010, including speeding citations in Avon, Brockton, Middleborough, Milton, Norwell and Roxbury. The driver’s record also includes two incidents of failure to stop in Avon and Dorchester and two additional citations for driving without an inspection sticker.

The driver also had their license suspended “several” times, according to an investigation into the driver’s driving record by WCVB. These suspensions happened once in 2002 and, most recently, the driver avoided a license suspension by paying his fine in time. His most recent infraction happened in 2015 for an improper turn in Watertown. Uber has confirmed the identity of the driver and his wife confirmed that he had been driving for Uber for about three years. Uber reportedly reached out to the driver for information regarding the incident.

“He was going so fast…at least 70 miles per hour. Straight into the wall,” said one witness to the incident, which rocked the quiet Beacon Hill area of Grove and Pinckney Streets. Police also said that the car was involved in a motor vehicle collision on Cambridge Street, which runs adjacent to Grove Street. The driver has been in multiple motor vehicle crashes prior to this incident. Uber contacted WCVB after the incident, reporting that the driver passed all the requirements and tests necessary to drive for the company. Uber’s official stance is that drivers must possess a “clean” driving record and must pass a criminal background check, which extends back seven years.

“Potential drivers must provide detailed information, including their full name, date of birth, social security number, driver’s license number, a copy of their driver’s license, vehicle registration, insurance, and proof of a completed vehicle inspection,” Uber’s safety guidelines proclaims. “Individuals who pass the driving history screen then undergo a national, state, and local-level criminal history check that screens a series of national, state, and local databases including the US Department of Justice National Sex Offender Public Website, the PACER database, and several different databases used to identify suspected terrorists.”

So how, then, does a driver, such as the one who barreled through Beacon Hill into a brick wall after getting into an accident, drive for three years under their employment?

Uber remains a gray area

A quick Google search will confirm the unfortunate truth: Nobody is quite certain what to do yet in the unavoidable instance that an Uber driver gets into a vehicular accident. Uber has insisted in the past that any passengers caught up in the midst of an accident should go through their private insurance, but private insurance companies responded saying that they wouldn’t cover such incidents. Continue reading

October 31, 2016

Johnson & Johnson to Pay $70.1 Million to Ovarian Cancer Victim

by Altman & Altman

Another jury has concluded that talcum powder does, indeed, cause ovarian cancer. This multimillion-dollar verdict is the third of its kind for Johnson & Johnson this year. Deborah Giannecchini of Modesto, California, was awarded more than $70 million last week, as a result of her 2012 ovarian cancer diagnosis. According to Giannecchini, she had been using Johnson’s Baby Powder for more than four decades.

Many women have used talc-based products, such as Johnson’s Baby Powder and Shower to Shower, for personal hygiene for decades. Talcum powder contains particles of talc, a mineral that can cause health complications when used in the genital area. Talc particles can travel through the fallopian tubes and become embedded in the ovaries. When this happens, the talc particles can cause inflammation, which can result in the development of cancerous cells. All cancer can be deadly, but ovarian cancer has an especially high mortality rate. If you have developed cancer after using talcum powder or baby powder, contact a Boston personal injury lawyer today.

What is Ovarian Cancer?

One of the most aggressive forms of cancer, ovarian cancer causes about 14,000 deaths every year. Symptoms are hard to detect, and often don’t appear until the disease has advanced beyond successful treatment. As with most cancers, once ovarian cancer has spread to other organs and tissues, it is extremely difficult to treat.

Symptoms of Ovarian Cancer

As previously mentioned, symptoms are not often immediately apparent. Furthermore, the following symptoms can be related to other, non-life threatening medical conditions. However, if you develop any of the below symptoms, it may be wise to contact your health care provider. It’s always better to be safe than sorry.

Abdominal bloating
Abdominal pain
Feeling full even though you haven’t eaten much
Back pain
Pelvic pain
Constipation
Chronic indigestion
Menstrual problems
Pain during intercourse
Fatigue

Despite compelling evidence that long-term use of talcum powder causes ovarian cancer, J&J continues to claim that its product is safe and is currently appealing all three rulings. But the manufacturing giant is estimated to face another 2,000 lawsuits from customers who developed ovarian cancer after using its products. Continue reading

October 31, 2016

Man awarded $4.6 million in asbestos case

by Altman & Altman

A 73-year-old man from Central Illinois has been awarded $4.6 million after suing the company that he worked for when he was a teenager following his diagnosis with cancer. Charles McKinney claimed that he developed cancer as a direct result of his work with the Portable Elevator Manufacturing Company when he was 19, stemming from an exposure to asbestos. The jury found that the company was negligent and liable since they were aware of the hazards of asbestos and did not properly warn McKinney about the risks of the job.

The multi-million dollar award shows how companies are not safe from asbestos lawsuits just because the affected worker ceased their employment with the company even 50 years ago. Unfortunately, stories like McKinney’s are not uncommon, and many affected asbestos victims certainly don’t win so much in damages.

Asbestos kills slowly

Scientific studies have shown that asbestos, a naturally-occurring, fibrous mineral used for decades to fireproof and insulate homes and businesses, doesn’t pose a risk to humans quickly. Rather, exposure to asbestos – most commonly through inhaling its airborne particles during construction or other physical disturbances to areas where asbestos was used – poses a danger years after exposure. Asbestos can cause cancer to develop in the membranes that surround your lungs and abdomen, which is known as mesothelioma. In recent years, mesothelioma cases have spiked and lawsuits have increased as well, as an entire generation of industrial and commercial workers are just now being physically affected by their exposure to dangerous asbestos from work done decades earlier.

Mesothelioma is most likely to result from prolonged, consistent exposure to asbestos, however it has also scarily enough been proven to be possible from one isolated exposure event. Even if you worked in an industry where exposure to asbestos was possible for just a short time, you may still be at risk for mesothelioma or a slew of respiratory problems that can occur as a result. Asbestos was so widely used that many states are still, today, making concerted efforts to rid municipal buildings, schools, businesses and residences of asbestos insulation, floor and ceiling tiling.

File a claim today if you have been affected

Because complications from asbestos don’t surface until well after the exposure happens, the statute of limitations for asbestos cases are handled differently. Depending on the state, individuals who have been adversely affected by asbestos have many years to file a claim from the date they learn that they have been diagnosed with any complications. However, if you or a loved one has been affected by complications stemming from exposure to asbestos, do not wait. With health complications naturally comes costly medical expenses, prescription medication, time missed from work and other financial hardships. Continue reading

October 31, 2016

Tenent Healthcare busted for “Kickback Scheme”

by Altman & Altman

Although there is no perfect system that can prevent all types of criminal activity, the United States federal government has secured some huge victories in recent times prosecuting enormously large healthcare companies found to be committing fraud and taking advantage of patients for their own financial gain. Both Tenet Healthcare Inc., a multinational healthcare services conglomerate worth $18 billion, and Life Care Centers of America, the largest private nursing care company in the United States, have been caught red-handed this year defrauding the federal government and putting the needs of their patients second by deferring them to out-of-the-way healthcare centers and administering unnecessary services respectively.

Tenet Healthcare was found to be purposefully deferring pregnant patients to certain subsidiary facilities for profitable kickbacks, while also overcharging for unnecessary services. Life Care Centers of America was found to be overcharging for unnecessary services and keeping patients longer than necessary to squeeze more money out of patients and the federal government. As a result of these infractions, Tenet Healthcare has agreed to settle for $513 million and Life Care Centers of America has agreed to pay $145 million as a result of the lawsuits levied against them by state and federal prosecutors, awarding millions of dollars back to the government and taxpayers across the country.

The depth and scale of these fraudulent activities is alarming. In Tenet Healthcare’s case, it is the fourth major healthcare scandal they have faced since the early 1990s. In the case of Life Care Centers of America, their fraudulent activities were tracked between 2006 and 2013. In both cases, the criminal activities involved taking advantage of the patients that place their trust in their services for their own personal profit.

Boston Injury Lawyer Blog

Uber remains a gray area

What is Ovarian Cancer?

Symptoms of Ovarian Cancer

Asbestos kills slowly

File a claim today if you have been affected