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Whether you’re a fan of powerful, wide-bodied choppers or enjoy the unparalleled speed and acceleration of a sport bike, riding motorcycles is a popular part of a deeply-ingrained driving culture for Americans everywhere. There’s something inherently and romantically American about the notion of an open road, a setting sun and nothing but the roar of an engine beneath as you disappear into the distance.

Motorcycles are all about achieving a feeling of pure freedom, and legendary gonzo writer Hunter S. Thompson captured it best in his book that chronicled his short stint following around the Hell’s Angels:

“But with the throttle screwed on there is only the barest margin, and no room at all for mistakes. It has to be done right … and that’s when the strange music starts, when you stretch your luck so far that fear becomes exhilaration and vibrates along your arms. You can barely see at a hundred; the tears blow back so fast that they vaporize before they get to your ears. The only sounds are wind and a dull roar floating back from the mufflers.”

  • Hunter S. Thompson, excerpt from “Hell’s Angels: A Strange and Terrible Saga”

There is no doubt that such experiences can be rare, incredible and form long-lasting memories. But inescapably, when the luck runs out, the same experiences can result in permanent injuries or death for the riders and passengers.

According to the National Highway Traffic Safety Administration (NHTSA), 4,586 people died as a result of motorcycle accidents in 2014, which accounted for 14 percent of all traffic fatalities. Another 92,000 were injured. This means motorcyclists were 27 more times likely to die and more than five times likely to be injured that drivers of passenger vehicles.  Fatalities also occur primarily in riders aged 40 or older. According to the NHTSA data, 54 percent of motorcycle fatalities occurred in riders aged 40 or older. Given the obvious factors of exposure to elements like traffic and the road itself, motorcyclists are at a far greater risk of bodily harm and death than drivers of automobiles.  Other factors may include drunk driving (which was a factor in 29 percent of fatalities in 2014) and speeding (which was a factor in 33 percent of fatalities). Wearing a helmet was also reported to have saved 1,669 lives in 2014. However, only 19 states and Washington D.C. had laws requiring the use of helmets as of 2015.

After an accident, get legal representation to fight for you

Many accidents involving motorcyclists are the fault of the motorcyclist. Maybe they were speeding, weaving in between traffic or they overestimated their skill level in pulling off a dangerous maneuver. However, many accidents are also the fault of other motorists. If you or somebody you love has been injured while riding a motorcycle, the resulting injuries are likely life-altering; physically, mentally and financially. Continue reading

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There’s really no way to describe the feeling unless you’ve been through it. You enter a hospital room somewhere in Massachusetts and are ushered through a series of procedures and given many different lectures about what is about to happen. Eventually, all that remains is your lingering remnants of consciousness as you slip off into an anesthetic slumber, leaving your life in the hands of a surgeon who will proceed to cut into your body.  The medical field of surgery is an undeniable testament to the progress of mankind’s endless thirst for knowledge and our progress in being able to treat diseases and ailments that were, at one time, completely untreatable and debilitating. Over 26 million surgeries were performed in 2012, and that number steadily increased from 1992 by 17 percent.

When dealing with a process as dangerous, complicated and unpredictable as surgery, patient deaths are an unfortunate certainty. What is most unsettling, though, is that a huge volume of patient deaths occur annually as a result of completely preventable mistakes, such as operating on the wrong person, or performing the wrong procedure, or something as careless as leaving a surgical device in somebody’s body.  Numbers for this tragic reality are hard to pin down, but recent investigations have revealed that anywhere between 210,000 and 440,000 patients die every year due to preventable mistakes, which would make medical errors the third-leading cause of death in America behind only heart disease and cancer. Medical institutions take issue with this number, saying it is closer to 100,000. Realistically, any preventable death is a tragedy.

Specifically related to surgery, John Hopkins University published a study in 2012 reporting that about 4,000 “never events” – events that should never happen during happen surgery – happen annually in the United States.  The study indicated that, every week in America, a surgeon leaves a surgical device such as a sponge or towel in a patient’s body 39 times, performs the wrong surgery on a patient 20 times, and performs surgery on the wrong part of a patient 20 times a week.  These “never events” can have no consequences or life-threatening consequences, and are most likely underreported as some people will simply not be aware if the incident occurred unless something after the surgery goes wrong. Continue reading

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Skilled nursing facilities are institutions that provide rehabilitation, medical, and nursing services for patients on a short or long-term basis. Under the Social Security Act, these types of services are covered by Medicare if they are medically necessary. Unfortunately, some skilled nursing facilities and nursing homes put profits above the health and safety of patients and residents. In some cases, they even commit insurance fraud. If you suspect that a skilled nursing facility is committing Medicare fraud, contact a Boston whistleblower law firm today.

$1 Billion Medicare Scam at Miami SNF Chain

In the largest health care fraud case in U.S. history, three Florida health care execs were recently charged by the Justice Department for their part in a $1 billion Medicare scam. Philip Esformes, the owner of a skilled nursing chain with more than 30 Miami-area facilities is charged with fraudulent activity against Medicare. According to the recently released 34-page indictment, Esformes conspired with two other people to provide medically unnecessary services and treatments to patients. The indictment also alleges that the trio received kickbacks for referring patients to other health care providers. To conceal their illegal actions, many of the kickbacks were paid in cash or disguised as charitable donations.

Medically-necessary admission to a skilled nursing facility is generally covered by Medicare and other government health care programs. However, several qualifying circumstances must be present to obtain reimbursement. If these requirements are not met, or the facility bills for treatment that is not medically necessary, the facility may be guilty of Medicare fraud.

RUG Upcoding

There is another common form of Medicare fraud in skilled nursing facilities: RUG upcoding. Using information provided by the facility, Medicare categorizes each patient into one of seven categories using a program called the RUG III Grouper. The assigned category is directly related to the per diem Medicare payment received by the facility. Unfortunately, some facilities falsify reported information so that Medicare places the patient in a high-paying category.

Federal False Claims Act

If you are aware of fraudulent activity in a skilled nursing facility or nursing home, you should report this information to a Boston whistleblower attorney immediately. As this type of fraud is a violation of the False Claims Act, whistleblowers who come forward with information that leads to financial recovery are often rewarded with substantial sums of money. These rewards act as an incentive to encourage individuals to report fraud and abuse against the government. Whistleblower compensation is generally a percentage of the recovered funds. Considering that some fraud cases recover tens of millions of dollars, whistleblower compensation can be quite significant.  Continue reading

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Citing safety reasons, the short-lived Samsung Galaxy Note 7 has been officially recalled by the worldwide leading technology company after at least five reported incidents within the past week of the phone’s lithium ion battery overheating and causing violent explosions.  These recent explosions put the final nail in the Note’s coffin because they happened with so-called “replacement phones,” which were supposedly safe; a measure that Samsung took after dozens of reports, just in the U.S., of the originally-launched phones having similar failures. As of Oct. 10, Samsung officially called for all Galaxy Note 7 phones to be returned and for its stores to stop selling the device.

All Galaxy Note 7 users should halt use of their phones and return them to their providers for a refund. Samsung announced that returns will be eligible for refunds until at least Dec. 31, 2016. Since one of the explosions happened mid-flight on a commercial airliner, the FAA has issued a statement forbidding the use of the device by flight crew or passengers on any aircraft.  The unprecedented recall of a device that just released in August will send serious shockwaves throughout the tech world. It has been reported that Samsung’s mobile phone stock dropped 8 percent due to the announcement, and The Verge reported they will lose approximately upwards of $17 billion. The exact cause of the mechanical failure is under investigation with Samsung and the U.S. Consumer Product Safety Commission.

Lawsuits likely incoming for Samsung

The recall is sure to spawn class action lawsuits and potentially civil suits against Samsung from the individuals who were harmed from the exploding phones.

One man from Nicholasville, Kentucky was woken up in the middle of the night by a sharp hissing sound. Scared to death, he saw his room filling with black smoke and saw his phone was ignited. A terrible smell filled the air. Later that day, the man went to the emergency room due to feeling nauseous, and reported “vomiting black stuff.”  To make matters worse for Samsung, one of their employees responding to the man’s correspondence about the incident accidentally sent the victim a text message outlining what was obviously intended to be an internal affairs conversation talking about how to handle the man’s situation.  “Just now got this,” the text message from the Samsung employee read. “I can try and slow him down if we think it will matter, or we just let him do what he keeps threatening to do and see if he does it.”  It isn’t known if the man was threatening a lawsuit, but he would have firm ground to stand on if he were to pursue a suit for a faulty product. That accidental text message might not look good for Samsung in a courtroom. Continue reading

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It has been well-established since at least the 1970’s that asbestos – a naturally-occurring, fibrous mineral most commonly used for decades to fireproof and insulate homes and businesses – is a potentially dangerous material. Medical science is now conclusive that inhaling asbestos particles routinely over a long span of time, or even in isolated incidents, is detrimental to your health.  In the worst of cases, asbestos inhalation can cause a cancer to form in the membranes that surround your lungs and abdomen. This cancer is known as mesothelioma, and there is no early detection procedures, reliable treatment or any cure for the disease. 70 to 80 percent of people with mesothelioma got the disease because of exposure to asbestos.

Since asbestos is most commonly found in the insulation of older buildings, construction workers and demolition technicians that worked back when asbestos was the standard material used are at high risk of developing mild to severe mesothelioma.  Asbestos wasn’t just used domestically either. It was used in all assortments of military and industrial applications, so a large portion of our older workforce is also at risk. In all, there are about 3,000 cases of mesothelioma reported annually in the United States, but the numbers are reported to be increasing each year as the exposed population gets older. Most people diagnosed with mesothelioma are aged 55 or older.  Mesothelioma may not present in patients for 20-50 years after the damaging exposure, so there is no guarantee that a person exposed to asbestos will not eventually develop the disease. Even scarier, medical experts report that one single exposure incident to asbestos can eventually lead to developing mesothelioma.

Symptoms of mesothelioma

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The birth of a newborn baby is as natural of a miracle that we can observe in our world. A newborn baby represents hope, potential, and a clean start. Hundreds of thousands of births occur every single day, and unfortunately many of them have complications that result in various difficulties for the newborn baby and its family.  One form of complication, Erb’s Palsy, occurs in infants who sustain nerve damage in their brachial plexus, a cluster of nerves that root in the shoulder, near the neck, and flow down into the arms. These nerves can be injured in various ways, such as during a difficult or abnormally stressful breach birth or when the baby is excessively large.

Sadly, one of the ways Erb’s Palsy can also happen is as a result of a doctor pulling on a baby too forcefully during a challenging birth. It most commonly manifests when a newborn’s head is twisted too sharply in one direction, tearing or cutting off circulation to the nerve cluster. The condition can cause long-lasting or permanent physical disabilities in the child, from temporarily being unable to move its arms or fingers to having full limb paralysis throughout its life.  Most cases of Erb’s Palsy, which happens in about one out of every thousand births, are minor cases where the child can heal over a short amount of time on its own, due to the rapid cell growth and development of newborn babies. Parents can work with doctors and physical therapists to help gradually progress the newborn into overcoming the condition and establishing a normal life.

However, in some cases, if a child who suffered damage to their brachial plexus doesn’t heal naturally within three to six months, the doctors may recommend performing surgery on the baby’s nerves. This is only usually used for young infants, since their bodies can more adequately recuperate nerve function. The child may have to endure a nerve graft, which involves taking nerves from elsewhere in the child’s body and replacing the damaged nerves. In more severe cases, they may need donor nerves.  Even if the surgery if successful, children who suffer from Erb’s Palsy may still experience weakness or loss of function in the affected arm. They will need to undergo months or many years of physical therapy if there is any hope for them to regain normal function. Some may even need to have surgeries later in life. Physically, children affected with Erb’s Palsy will have one arm that is noticeable smaller or shorter than the other. Continue reading

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Operating within a metropolitan area unparalleled by its surroundings, the Massachusetts Bay Transportation Authority (MBTA) is responsible for transporting millions of people with its trains, buses and ferries every day. Anyone who has ever spent serious time in Boston or its surrounding area has an almost intimate knowledge of “The T.”  As is often the case, we usually take this massively complex operation for granted as we put in our earbuds and zone out during a morning or afternoon commute. However, the MBTA deals with thousands of transport vehicles carrying, as was reported in 2008, 1.3 million riders per day. It is probable that the number of riders has only risen in recent years.  As a result of this massive and regular migration of people, accidents will happen. What matters most, however, is distinguishing the difference between an honest accident that occurs when dealing with such a delicate and widespread entity such as the MBTA, and an accident that occurs as the direct result of the organization’s negligence.

When would the MBTA be at fault?

If you’re riding the green line, headed into the downtown for another day of whatever job you have, or you’re going towards Brighton or Brookline at the end of a long day, and the conductor blows by a stop light and collides with another train – which happened in May of 2009 – then the MBTA and the operator are directly liable for any pain, suffering or medical expenses that result from that negligence.  If a subway station is left in a condition that is hazardous to its patrons, the MBTA is liable. For example, if stairs are left slippery during the winter due to ice, or if a spill is left near the tracks, and somebody slips and falls, the MBTA is liable.

In another case, a green line operator fell asleep while driving a train in 2008 and collided with another train. It was revealed that the operator has sleep apnea, which is definitely a condition that should be on the watch list for the MBTA while hiring people to operate massive machines at various hours of the day and night.  In other cases, the MBTA technology can fail. Mostly everybody who has spent time commuting in the Boston area has heard stories of subway and commuter rail trains literally catching on fire. In some cases, the malfunctioning trains have filled the cabins with smoke, causing riders great discomfort and potential harm. Continue reading

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Concussions are common on the football field and the hockey rink, but what about on playgrounds? According to the Centers for Disease Control and Prevention (CDC), about 21,000 U.S. kids suffer traumatic brain injuries on the playground annually. In addition, the rate of childhood concussions is rising. In 2005, 23 out of 100,000 children suffered a concussion, while in 2013 that number had risen to 48. Contact a Boston Personal Injury Lawyer Today.  There has been a sharp rise in concussions among children, but the CDC isn’t exactly sure why. However, the agency has recommended “improved adult supervision, methods to reduce child risk behavior, regular equipment maintenance, and improvements in playground surfaces and environments.”

Monkey Bars and Swings

Although children can suffer traumatic brain injuries, including concussions, on any type of playground equipment, the two types of equipment most commonly involved are monkey bars and swing sets. The most important factor to take into consideration when allowing your child to use playground equipment is the safety of that equipment. Old, poorly maintained equipment can pose serious risks, as can defective or improperly designed equipment. However, kids can be injured on newer, well-constructed equipment as well. Proper supervision is necessary at all times to reduce this risk.

Soft Ground Surfaces Provide a Solution

Manufacturers of playground equipment can be held liable if negligence results in injury. If it can be shown that the equipment was poorly designed, defective, or lacked adequate warnings, the injured party may be able to recover compensation for any damages, including medical bills, pain and suffering, and lost wages. According to the CDC, the risk of concussions is dramatically reduced when playgrounds have soft ground surfaces, such as sand or wood chips. Steer clear of playgrounds with concrete ground surfaces as these can be very dangerous, even deadly.

Who is Responsible?

If your child suffers a concussion on the playground, who is responsible? Much of this depends on the location. If the playground is located in a city park or on school property, you may be able to file a claim for premises liability against the municipality or school. But these claims can be quite complex. Some government entities require that the claimant first file a notice of claim, which alerts the city or school that an injury has occurred on its property. At that stage, the government entity may, or may not, pay the claim before it goes to court. Continue reading

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Assistant attorney general Leslie Caldwell called it the “largest single criminal health care fraud case ever brought against individuals by the Department of Justice.” Over a billion dollars-worth of kickbacks, bribes and fraudulent Medicare and Medicaid charges were allegedly orchestrated by Philip Esformes, who owns dozens of retirement facilities throughout Illinois, Florida and Missouri.  The unprecedented, comprehensive scheme has landed Esformes, well-known in his area of influence for his wealth and philanthropy, in custody while awaiting trial on charges of fraud, corruption and obstruction of justice. Esformes is facing life in prison for these charges.

The charges have led various newspapers to investigate, and The Chicago Tribune recently uncovered that retirement facilities belonging to Esformes have been the subject of 20 wrongful death suits since just 2013. Three of the cases, as described by the Tribune, involve gross negligence that allowed two elderly residents to wander off to their deaths outside the facility (one by drowning, another hit by a vehicle).  In another horrifying case, a 73-year-old, terminally-ill and bedridden patient was beaten to death by his 41-year-old roommate who had a history of violent episodes and was revealed to not be taking his prescribed antipsychotic medication. It was alleged that after the perpetrator was found with his hands bloodied, he was left unattended to walk to a smoking patio, putting other residents in immediate danger.

These cases are separate from the overarching fraud accusations, which involve allegedly cycling about 14,000 patients over 14 years through various nursing homes. Some of these patients were given addicting narcotics without a prescription to keep them in the system. Some patients were used as a means to order expensive treatments they did not need to game more money out of the Medicare system.  Attorneys for Esformes and attorneys representing his retirement facilities have denied any wrongdoing, but it isn’t looking good for the wealthy retirement home magnate. The Department of Justice worked with one of Esformes’s co-conspirators to wear a wire in a conversation where Esformes talked about defrauding the federal government and ways to flee the country. This 200-page transcript was used recently by the Department of Justice to deny Esformes from posting bail before his trial, scheduled for February.

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Living in a beautiful city such as Cambridge or Boston or any of its surrounding boroughs comes with many benefits, and one that thousands of people take advantage of every day is being able to ride their bicycles as a form of efficient, green and healthy transportation.  The Boston Globe reported in 2015 that an estimated 8,100 people cycle to work every day, more than triple the amount estimated in 2005. The actual number of cyclists riding in Boston on a day-to-day basis is essentially impossible to accurately predict, but there’s no doubt that the number is much, much higher than just those 8,100 commuting to work.

There are over 150 “Hubway” bicycle rental stations peppered throughout the Boston metropolitan area, where anyone can rent a bicycle and return it to any other Hubway station once they are done. There are numerous bike paths, bike lanes and cyclists are welcome on all public Boston streets and even the sidewalks, so cycling is a very popular mode of transportation in a city that’s notoriously hard to drive in.  Cambridge was listed in 2006 by Bicycling magazine to be one of the friendliest cycling cities. Boston, however, has been noted in the past as one of the most dangerous cities for cyclists, though it is making strides to improve. More and more projects are being completed with “complete streets” initiatives, which puts an impetus on the safety of pedestrians and cyclists.

Still, no matter of safety measures or precautions can prevent accidents from occurring, such as a deadly accident that just happened in Porter Square in Cambridge on Oct 5. Boston Emergency Medical Services records showed that an average of 520 fatal and nonfatal cycling accidents occurred annually in Boston between 2010 and 2014.  Accidents that involve cyclists can obviously be much more damaging to an individual, and potentially deadly, than accidents merely involving two cars. It is imperative for cyclists to observe local ordinances and also use common sense when heading out into an automobile-dominated, urban environment.

Cycling safety tips

  • Make sure your bike is prepared for a commute. Check to make sure your tires are properly inflated, that your brakes are working and that your reflectors are in good shape. Adjust your seat height and positioning so it is comfortable to both sit and stand
  • When possible, avoid riding at night. If you must ride while it’s dark, wear reflective tape, bands or bright colored clothes. Visibility is your best method to avoid accidents
  • Always maintain control with at least one hand on the handlebars at all times
  • Avoid road hazards such as construction or precariously small, highly-trafficked streets
  • Follow all traffic rules. If you are riding on the street, you must obey all signs and traffic lights. You must signal all left and right turns with hand signals.
  • If you are riding on the sidewalk, you must alert pedestrians that you are passing by with a bell or a verbal call. In some areas, cycling on the sidewalk is prohibited.
  • Never cross the street unless at a pedestrian crossing. Emerging from in between parked cars is incredibly dangerous and gives motorists little time to react
  • Do not ride sporadically or weave in and out of traffic. Maintain straight lines and be predictable
  • Keep an eye out for parked cars. Crashes often occur when a motorist opens their door without looking behind them. Give enough space between yourself and parked cars to avoid this
  • Although it is tempting, avoid listening to music while riding. Being able to hear oncoming traffic or a car horn may save your life.

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