Boston Injury Lawyer Blog

October 13, 2016

Mesothelioma – Rare, deadly, and not your fault

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

October 13, 2016

Facts about Erb’s Palsy

by Altman & Altman

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

October 13, 2016

MBTA Bus and Train Accidents – What are Your Rights?

by Altman & Altman

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

October 11, 2016

Concussions on the Playground

by Altman & Altman

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

October 11, 2016

Alleged elder abuse coincides with $1 billion Medicare fraud case

by Altman & Altman

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.

October 7, 2016

Fatal Cambridge Bike Accident – A Somber Reminder of Importance of Driver Awareness

by Altman & Altman

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.

October 7, 2016

Nissan Versa’s Randomly-Exploding Airbags – To Recall or Not to Recall?

by Altman & Altman

Another recall may be on the horizon for Nissan; its 2012 Versa model is being federally investigated for faulty parts. According to the National Highway Traffic Safety Administration (NHTSA), the vehicle’s airbags may go off at extremely inopportune moments. In some cases, it seems that simply closing the door too hard can cause the airbag to deploy.

Three complaints allege that Versa’s side airbags, mounted in both the seat or the headliner, have gone off following the slamming of a door. In addition to filling the vehicle with dust and forcing the owner to replace an expensive piece of equipment, a randomly-exploding airbag can also be dangerous. This potential recall will involve about 155,000 Versas in the United States. The NHTSA’s investigation will determine whether or not a complete recall is necessary. In the meantime, if you have a 2012 Nissan Versa, report any concerns to the feds rather than the dealer, and if you want to see if you may have a potential claim against the manufacturer contact a Boston motor vehicle accident lawyer today.

Takata Airbags – Largest Vehicle Parts Recall in History

But the complaints about Versa’s airbags are nothing compared to last year’s Takata airbag disaster. The Japanese auto-parts manufacturer recently recalled 34 million vehicles, the largest car and truck recall in US history, following at least six deaths and 100 injuries. According to claims, Takata airbags may explode and shoot shrapnel. Takata wasn’t quick to agree to the recall, however, insisting that a nationwide recall was unnecessary. They even hired three former US Transportation secretaries to help manage the crisis.

Record High for Vehicle Recalls in 2015

Nissan and Takata are far from alone when it comes to equipment defects; last year, the industry recalled nearly 64 million vehicles. This figure was more than twice the total of the previous three years combined. A total of 803 vehicle recalls was ordered last year. Of those, 123 came following NHTSA investigations and 680 were initiated by the automakers themselves. Congress has expressed concern over the reporting and investigation process when vehicle defects are identified.

A 2014 New York Times investigation of the NHTSA revealed that the agency’s response to vehicle defects was wrought with issues; they had been slow to initially identify problems and hesitant to act on them with their full legal powers.

In addition to the dangers associated with faulty or defective vehicle parts, you can also suffer damages due to economic loss. This was never more apparent than with the Volkswagen diesel emissions fraud lawsuit. More than 500,000 VW models immediately lost thousands of dollars in market value when it was discovered that the “bio-friendly” cars were actually releasing more toxic emissions than their standard counterparts. Owners of these vehicles were furious, and understandably so. Continue reading

October 6, 2016

Post-Concussion Syndrome – Not Just a Football Injury

by Altman & Altman

Since a series of high-profile, ex-NFL players have succumbed early in their lives to terrible fates as a result of repeated head injuries – whether through chronic nervous system illnesses or suicide as a result of depression – the public dialogue concerning concussions and their effect on the human body has never been more apparent. Post-concussion syndrome, or PCS, is a wide range of symptoms that can appear from anywhere between hours to years after a concussion is sustained. PCS is a complex syndrome, and studies have shown that the appearance of PCS symptoms aren’t directly correlated to the severity of the brain injury. PCS symptoms can also simply appear in some victims and not others.

Symptoms of PCS can include:

Headaches

September 30, 2016

Proposed Legislation Would Require Large Trucks to be Equipped with Speed-Limiting Devices

by Altman & Altman

Federal regulators have recently proposed new legislation that would require large commercial vehicles to be fitted with devices that limit their speed. Commercial truck accidents often have devastating consequences. According to the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA), such devices could save lives and significant money, to the tune of about $1 billion in fuel costs annually. Safety advocates are thrilled with the proposal, but not everyone is on board.

The notice of the proposal, issued jointly by the NHTSA and FMCSA, includes several key points. Among them are:

The speed-limiting devices would be required for commercial vehicles weighing in excess of 26,000 pounds.
The ‘speed limiters’ must be set to a specified speed, but they must also include diagnostic equipment that shows the current speed, previous settings, and the dates on which the settings were changed.
Speed limiters must remain installed for the entire service life of the vehicle.
The designated speed limit maximums are still under consideration. Officials are currently considering 60, 65, and 68 miles per hour.

Commercial trucks can weigh up to 80,000 pounds. This means that they take more time to come to a complete stop, are difficult to maneuver, and can be especially deadly in a collision involving a passenger vehicle. The risk of accidents, and the damage produced by those accidents, is significantly greater than that of passenger vehicles. Contact a Boston Trucking Accident Lawyer Today.

What’s the Safest Speed Limit for a Large Truck?

Studies have shown that keeping the speed limit at or under 68 mph could save up to 96 lives annually, at or under 65 mph could save up to 214 lives annually, and at or under 60 mph could save up to 498 lives annually. Although this may sound like a no-brainer to some, many trucking companies and organizations vehemently oppose the limiters, claiming they could actually become dangerous in certain situations. For example, if a truck driver has to accelerate to avoid a hazard but cannot because of the speed limiter, it could result in disastrous consequences. Such organizations argue that training is the answer, not technology. While this may be true, the reality is that many Massachusetts truck drivers do not receive adequate training. And human error is always a concern, even for the safest drivers on the road. Continue reading

September 29, 2016

Traumatic Brain Injury Symptoms Are Often Slow to Appear

by Altman & Altman

A traumatic brain injury (TBI) can vary in type and severity, and symptoms may not be immediately apparent. A serious TBI can be life-altering, impacting your personality, speech, and ability to complete even the simplest tasks. High-impact sports, motor vehicle accidents, and falls from high places are all common causes of TBIs. If you’ve been injured and suspect that you may be suffering from a TBI, contact your physician immediately.

Delayed Symptoms

Unfortunately, it can take weeks, even months, for TBI symptoms to appear. In some cases, the injuries don’t become obvious until the swelling around the brain begins to subside. If you’ve experienced any type of trauma to the head, it’s crucial to seek medical attention immediately. Typically, physicians will monitor head trauma patients for symptoms of TBI for several weeks. If you’ve suffered from a TBI due to another’s negligence, Contact a Boston Personal Injury Lawyer Today.

Beware of Quick Settlements

Insurance companies often encourage quick settlements in cases involving head trauma because symptoms haven’t yet appeared. It is in their best interest to settle as quickly as possible; if symptoms arise after a settlement, the insurance company may be ‘off the hook’ entirely. This is why it is so important to have a skilled personal injury attorney at your side if you even suspect a TBI. If you’ve been injured, the last thing you want to do is deal with an unscrupulous insurance company.

Common Signs and Symptoms of TBIs

When signs of TBI do begin to appear, they can vary in type and severity. Symptoms are based on many factors, including the location and extent of the injury to the brain. The following side effects are common in TBI cases:

Loss of short term memory
Loss of long term memory
Inability to concentrate
Difficulty controlling emotions
Becoming easily angry or agitated
Loss of ability to use certain limbs
Vision loss
Hearing loss
Loss of sense of smell
Loss of bladder and bowel control
Tremors or shaking