Boston Injury Lawyer Blog

July 13, 2016

Pedestrian In Boston Struck By A Duck Boat

A pedestrian was struck by a duck boat in Boston on Sunday morning. The accident occurred on the corner of Newbury and Clarendon Streets around 11:30 a.m. Boston police said the pedestrian suffered non-life-threatening injuries but was taken to Tufts Medical Center with some head trauma. The woman who was hit admitted that she was crossing the street against the crossing signal. Witnesses confirmed that the duck boat had the right of way. Police said the investigation is ongoing with no charges being filed to date. Boston Duck Tours made a statement saying, “We are grateful to learn from police that no one was seriously injured in today’s incident.” This is the second crash involving a duck boat in Boston in three months. In April, 28-year-old Allison Warmuth was riding a moped near Boston Common when she was struck and killed. Earlier this week, Warmuth’s parents were in Boston addressing lawmakers regarding adding regulation to the vehicles. Anna Warmuth, mother of Allison, made a statement saying, “Anybody that is near them is at risk because the driver may not see them, just like the driver did not see my daughter.”

Some are going even further than requesting more regulations. Bob Mongaluzzi, Philadelphia attorney, asks, “How many deaths will it take for cities and organizations to wake up and ban the ducks?” Mongaluzzi has been asking this question for years, claiming the duck boats are inherently dangerous “both on land and on the water.” He goes on to state the major hazards with the vehicles, stating, “They take up almost the entire lane of travel. They’re cumbersome. They have huge blind spots. They are built on chassis from the 1940s.” Mongaluzzi represents the families of three people killed by duck boats dating back to 2011. He has also uncovered more than 20 deaths involving duck boats since 1999. He notes the first major duck boat tragedy occurred in Arkansas in 1999 killing 13 people after they were trapped beneath the canopy of a capsized duck boat and drowned. Mongaluzzi believes that the design of the boats is an “intrinsic safety flaw.” Aside from the sheer design of the boat being difficult to maneuver, the driver also acts as a tour guide for the vehicles. “Having an operator who is also a tour guide, telling jokes at the same time, is an enormous distraction,” Mongaluzzi states. After last year’s collision between a duck boat and a charter bus in Seattle that killed five and injured 50 others, Seattle enacted several new rules to make the vehicles safer, including separate tour guides on board the duck boats. Continue reading

July 12, 2016

Is My Child’s Daycare Facility Safe?

by Altman & Altman

For working Massachusetts parents, day care is often a necessity. However, there can be benefits for the whole family when children spend time away from home. A good daycare facility provides socialization with adults and other children, entertainment, and an opportunity to learn and play in a safe environment. But what about ‘bad’ daycare facilities? Negligence, cruelty, and even criminal behavior, are a parent’s worst nightmare when they place their child in the care of another.

Children can get hurt in the best of daycare facilities. It’s a fact of life. But some injuries are avoidable with proper supervision. Serious injuries are always cause for concern, but even minor accidents can indicate negligence. Likewise, even a minor lapse in proper care can result in serious injuries and death. In 2011, for example, a three-year old was fatally injured when he swallowed a pushpin. Apparently, the child found the pushpin when he was permitted to use the bathroom unsupervised. Paramedics were unable to revive the boy after he swallowed the object and choked. Although the boy died, the facility was only fined $150 by the state. In a case like this, a civil lawsuit can make a significant difference. Although compensation can never bring a child back, it can give the family extra time to heal.

Common Signs of Daycare Abuse and Neglect

Lack of supervision is the number one cause of daycare injuries, and inadequate staffing is often a factor. However, many other factors can come into play. Below is a list of possible indicators of daycare neglect and abuse. Although some of these potential signs can be entirely benign on their own, you may want to take action if you begin to notice a pattern.

Unexplained scratches or scars
Child appears depressed or withdrawn
Child is often extremely hungry or thirsty at pick-up time
Child is frequently involved in altercations with other kids
Child is found outside of the facility

When choosing a daycare facility, look for the following:

Adequate staffing
Clean environment
Proper safety standards and protocol
Well-stocked and easily accessible first aid tools and supplies
Proper feeding schedule with nutritious food and adequate portions
Easy access to water
Proper and clean bathroom facilities
Children who look happy
Caregivers who appear happy, well-rested, relaxed, and who seem to like their job

July 11, 2016

Mesothelioma Claims- What You Need To Know

by Altman & Altman

Malignant mesothelioma is a rare, asbestos-related cancer that forms on the thin protective tissues that cover the lungs and abdomen. It typically develops after people are exposed to asbestos in the workplace, often times in industrial settings, shipyards, auto repair shops, old houses, schools and public buildings. Mesothelioma usually develops after long-term exposure to asbestos, but short-term and one-time exposures have also been found to cause the cancer in some cases. Asbestos refers to the set of six naturally occurring fibrous minerals, chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. These natural fibers are extremely durable, able to withstand fire and most chemical reactions. Its durability made asbestos ideal for use in various commercial and industrial capacities, such as roofing shingles, floor tiles, ceiling materials, cement compounds, textile products, and automotive parts. However, it was discovered in the late 1970s that asbestos was hazardous to humans and is now known to be a human carcinogen. The microscopic fibers are easily inhaled and become lodged in the soft respiratory systems of humans, causing inflammation, scarring, and genetic damage.

One type of cancer that asbestos exposure can cause is Mesothelioma. This cancer can take anywhere from 20 to 50 years after exposure before symptoms appear. Many mesothelioma symptoms are so mild that few people notice them until the cancer progresses and symptoms worsen. Symptoms include, fatigue, pain near tumor, shortness of breath, dry cough, weight loss, fluid buildup, bowel obstruction, and difficulty swallowing. Although there is no cure or mesothelioma currently, many patients have been able to manage it with some traditional treatments such as chemotherapy and surgery.

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to substantial compensation. For victims of mesothelioma, there are several types of compensation available, including bankruptcy trust funds, settlements and trial verdicts. Veterans also can seek compensation from the Veterans Association. Mesothelioma claims hold companies accountable for exposing employees to asbestos and also compensate those employees financially for their medical bills and lost wages. Compensation can range from small amounts to millions of dollars depending on the claim. Continue reading

July 7, 2016

Gretchen Carlson Files Sexual Harassment Allegations Against Fox News CEO

by Altman & Altman

Gretchen Carlson, former Fox News Channel anchor, filed a suit against chief executive Roger Ailes on Wednesday, claiming she was terminated after she denied his sexual advances and complained about sexual harassment at work. Ailes replied in a statement denying all allegations and also claiming Carlson was prompted to file the lawsuit in retaliation for her contract not being renewed. Carlson had worked at Fox for 11 years was abruptly fired on June 23. According to Carlson, it was nine months earlier in a meeting with Ailes in which she addressed her feelings of discrimination. During this meeting, Carlson claims that Ailes said, “you and I should have had a sexual relationship a long time ago.” This is not the only comment the 50-year-old Carlson alleges Ailes made. Carlson, named Miss American in1989, claims that the 76-year-old Ailes constantly gawked at her, made numerous comments about her legs, insisted she wear form fitting clothes to enhance her figure and also said she was sexy but “too much hard work.”

These allegations are not without consequence. Ailes is one of the most dominant moguls in the media business and will, no doubt, put up a fight. Ailes built the Fox News Channel from the ground up starting in the 1990s. It has since become a top-rated television news network with a significant sway on politics. It is a greatly lucrative network for its parent company, 21^st Century Fox. Carlson says that she was terminated as host of the morning show “Fox & Friends” in 2013. This was followed by a pay cut with the transfer to a daytime slot. Carlson alleges this is a result of her complaints about being sexually harassed. One of her co-hosts from “Fox & Friends,” Steve Doocy, “had created a hostile work environment by regularly treating [her] in a sexist and condescending way” according to Carlson. She goes on that Ailes’s response to these complaints was to condemn Carlson as a “man hater” who should learn to “get along with the boys.” Her account also alleges that Ailes punished her by reducing the amount of political interviews she conducted and stopped her regular appearance on Bill O’Reilly’s prime-time program. 21^st Century Fox made a statement saying it has full confidence in Alies and Doocy but they have launched a full investigation into the matter. Continue reading

July 6, 2016

How to Take Car Accident Pictures Like a Pro

by Altman & Altman

If you’ve been involved in a car accident in Boston or anywhere else in Massachusetts, it is crucial to document as much as you possibly can. This can be done by writing down witness statements and contact info, and by jotting down your own perceptions of the accident before your memory begins to fade. But nothing beats pictures. Once you’ve made sure that everyone involved in the accident is safe, grab your camera. Fortunately, most of today’s cell phones are equipped with cameras. For tips on how to take quality pictures, read on.

Use a Camera to Make Your Case

If the accident is serious, resulting in injuries and/or severe property damage, contact the local police before doing anything else. The next step, if you’re able, is to take pictures of the accident scene.

The number one rule of photographing a car accident is to take as many pictures as possible from as many angles as possible. Pictures no longer need to be developed, so taking ‘too many pictures’ is not a concern.

Although obvious damage to the car is important to photograph, there are other factors that may come into play. If there is any damage to surrounding property, such as other vehicles, fire hydrants, light poles, or mailboxes, snap away.

Photograph contributing factors. Was the road icy or wet? Was a stop sign blocked by an overgrown tree or large truck? Did you swerve to miss large road debris that had fallen off another vehicle? If any contributing factors can be photographed they may help make your case.

More Specifics

The above tips give a general idea of how to photograph the scene of a motor vehicle accident. Here are some more specific tips to help you really hone in on what counts. Be sure to photograph:

Damage to all vehicles
Skid marks
Vehicle parts and debris, such as shattered glass
Weather conditions
Visible bodily injuries on you, or other victims

And try different angles and distances

Take pictures from at least three different distances and angles.
Close up pictures: stand one to five feet from what you are photographing.
Medium distance: 10 to 15 feet away.
Long distance and panoramic: 20 or more feet away.
Keep a common landmark in as many pictures as possible. This helps show distance and scale.
Be aware of how weather conditions and direct sunlight affect your pictures. If necessary, use a variety of flash intensities, and take some with and without flash.

June 28, 2016

Olympus Finally Recalls Defective Medical Scope

by Altman & Altman

More than 100 patients have become infected with antibiotic-resistant superbugs after being treated with the medical device known as a duodenoscope. The camera manufacturer, Olympus, also makes about 85% of the duodenoscopes on the market today. After 25 superbug outbreaks and three deaths linked to the scopes, Olympus has announced it will finally recall the defective device. Unfortunately, this decision comes too late for many patients. Contact a Boston Personal Injury Lawyer Today.

A design flaw in the duodenoscope makes it nearly impossible to disinfect the device between uses. This defect has exposed hundreds of patients to an antibiotic-resistant bug called carbapenem-resistant Enterobacteriaceae (CRE).

What is a duodenoscope?

The duodenoscope is a medical device used to perform internal examinations of the body. Specifically, it is a flexible tube with a light that allows physicians to treat and diagnose intestinal problems related to the bile ducts and the pancreas. These reusable scopes must be disinfected and sterilized after each use. However, a problem with an internal mechanism has made proper sterilization virtually impossible.

In addition to a design flaw, improper sterilization is also related to inadequate training. Many of the duodenoscopes simply aren’t being cleaned well enough. “The cleaning protocols for flexible endoscopes need improvement, such as guidelines tailored to the type of scope or identifying if there is a critical step missing in the manual cleaning process, and documented quality-control measures,” said Marco Bommarito, lead research specialist at 3M Infection Prevention Division. “These types of improvements could have a positive impact on patient safety.”

What is CRE and What are the Symptoms?

CRE is a family of bacteria that have developed a high level of resistance to antibiotics. This bacteria can cause a range of health problems, including gastrointestinal illness and blood infections.
CRE can also cause urinary tract infections, ventilator associated pneumonia, intra-abdominal abscesses, and death. Symptoms include sores that don’t heal, fevers and chills, and extreme fatigue.

Olympus Knew About the Risks in 2012

Although Olympus knew about this serious health risk as far back as 2012, the industry giant failed to properly warn the medical community and neglected to recall its defective devices. In addition to not recalling the devices, Olympus actually began increasing duodenoscope prices as hospitals started to ask for safer scopes.

According to a Congressional report, Olympus and two other duodenoscope manufacturers, “failed at every level to meet basic expectations of transparency and openness and to actively engage with FDA to address contamination issues.” The U.S. Justice Department is currently investigating the company’s role in the CRE outbreaks. Continue reading

June 24, 2016

Boston’s ‘Vision Zero’ Task Force Aims to Reduce Pedestrian Accidents

by Altman & Altman

On June 21, two pedestrians were struck by a vehicle on Boston’s Commonwealth Avenue. Fortunately, the injuries were not life threatening. But the accident reconfirmed the need to tackle the growing problem of accidents involving pedestrians. In response to the rise in accidents, Boston’s Vision Zero effort is currently underway. Vision Zero aims to reduce to zero accidents involving motor vehicle collisions with pedestrians and bicyclists. Contact a Boston Personal Injury Lawyer Today.

Vision Zero plans to make design improvements to several roadways, but one corridor in particular, from the Massachusetts Avenue to Beacon Street, hones in on the spot of last week’s accident. At a meeting last week, city planners unveiled improvements that can be made quickly, leaving the longer-term improvements for a later date.

According to Charlotte Fleetwood, a City transportation planner, Vision Zero wants to focus on protecting the most vulnerable. “We want to understand why crashes are happening,” said Fleetwood. “We want to focus on the most vulnerable uses – the walkers and bikers. If you make the streets safer for the most vulnerable, it is safer for everyone. Pedestrian and cyclist accidents are on the rise. We had four pedestrians killed in January. Whatever the reason, that’s unacceptable.”

Massachusetts Avenue is of Special Concern

In Mayor Martin Walsh’s own words, walking and cycling on Boston’s streets “should not be a test of courage.” Unfortunately, the increase in accidents tells otherwise. Mass Ave seems to be a particularly dangerous area for pedestrians, which is the main reason Vision Zero’s task force has chosen Mass Ave as a starting point. According to residents, dangerous situations are exceedingly common along the corridor. Poorly-timed lights, heavy traffic, and impatient drivers only exacerbate the problem. “First of all, speed matters,” Fleetwood said. “One major goal is to reduce speed on the street.” According to Fleetwood, the risk of an accident at 20 mph is 18 percent, but it jumps to 77 percent at 40 mph. That’s a major difference.

Proposed improvements include creating a protected bike lane running from Huntington Avenue to Beacon Street, improving pedestrian crossings in various locations, and “daylighting” which refers to the process of building a kind of “bumper” on curbs to prevent cars from parking there. In certain locations, such as at the corner of St. Botolph and St. Stephen Streets, pedestrians who are crossing may not be visible due to parked cars at that corner.

“The changes we want to make are rapid changes,” Fleetwood said. “We want to focus on quickly, with things like markings, signal timing, flex posts, and speed radar signs.” VIsion Zero’s task force includes the Boston Fire Department, Boston Police, Boston Transportation, the Bicyclists Union, WalkBoston, and Boston EMS, among others. Continue reading

June 23, 2016

OSHA Protecting Local Truck Drivers

by Altman & Altman

A truck driver is receiving thousands in compensation after his employer recently fired him after he refused to violate federal safety regulations in order to make his delivery on time. The driver was making a delivery from Massachusetts to New Jersey when he became concerned he would not complete the delivery on schedule without breaking safety regulations and putting his safety and the safety of others at risk. The driver thought he planned a route that would allow him to run on time without breaking regulations, but his employer fired him as a result. His employer, NFI Interactive Logistics Inc., violated the anti-retaliation clauses of the Surface Transportation Assistance Act, as found by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). As a punishment, OSHA is demanding the company reinstate the driver, as well as pay him over $276,000 in back wages and damages.

The driver was assigned by NFI to deliver a truckload of Poland Spring bottled water from Northborough, Massachusetts to Jersey City, New Jersey on August 15, 2012. The trip was prolonged to due severe weather, including thunderstorms, flooding, heavy traffic, and multiple accidents. With the delay, the driver did not believe that he would be able to make the delivery and still get home without violating the hours of service restrictions included in the U.S. Department of Transportations Federal Motor Carrier Safety Administration regulations. Specific hours of service rules depend on if the driver is carrying property or passengers, but all rules limit the amount of hours a truck driver can drive consecutively. When the driver realized that he would be driving longer than he was technically permitted, he arranged to deliver the water to a closer customer facility near Kearny, New Jersey. NFI opposed that the driver making the delivery Kearny. It was later arranged that another driver would pick the load up from Kearny and drive it to its final destination in Jersey City.

Both NFI and the customer approved this change. The driver made the delivery to Kearny and successfully returned to Northborough, MA without violating the hours of service restrictions. However, the following day, NFI terminated him for “insubordination”. Afterward, the driver filed a whistleblower complaint with OSHA to which the agency found the driver had a valid complaint. In a statement made by Kim Stille, OSHA’s New England regional administrator, “The driver found a way to do his job and ensure motor carrier safety. Rather than receiving credit for doing the right thing, he received a link slip. The law is clear: Drivers have the right to raise legitimate safety concerns to their employee—including refusing to violate safety regulations—without fear of termination or other retaliation.” OSHA is ordering NFI Interactive Logistics respond to a laundry list of remedial actions including: Continue reading

June 21, 2016

Dooring Accidents in Boston – Be Aware of Boston Cyclists

by Altman & Altman

The benefits of bicycling are hard to deny. This form of transportation is great for your health, your pocket, and the environment. But if you live in a major city, such as Boston, it can also be dangerous. With proper equipment, training, and safe-riding practices, you can dramatically reduce your risk of injury or death in a bicycle accident. The two scenarios below are responsible for a significant number of serious bicycle accidents every year. Contact a Boston Bicycle Accident Lawyer Today.

Dooring

If you’re not an avid cyclist, you probably have no idea what the term ‘dooring’ means. But cyclists, especially those who frequently ride in cities, know exactly what dooring is. In Boston, most cyclists are required to ride in specified bike lanes or on the right-hand side of traffic. This requirement often places bicyclists dangerously close to parked cars. Because motor vehicle passengers and drivers are required to look for bicyclists prior to opening a door, the door opener is typically liable in a dooring accident.

Dooring occurs when a cyclist crashes into an open car or truck door. However, it’s rarely an open-and-shut case (no pun intended). Depending on the circumstances, the door opener can argue multiple reasons why the dooring wasn’t his or her fault. For example, if there was no other traffic at the time of the accident, the door opener might claim that the bicyclist had ample time and space to avoid the open door. Although it may sound like a ‘freak accident’, dooring is actually quite common. In fact, about 10% of all motor vehicle-bicycle crashes are due to dooring. Also, dooring accidents can be very serious, head injuries and spinal injuries can occur from this type of accident. If you have just parked your car make sure you look out your mirrors to see who and what may be driving by. Continue reading

June 21, 2016

Accidental Death’s on the Rise in America

by Altman & Altman

Deaths resulting from accidents are becoming increasingly more prevalent. According to a report from the National Safety Council, there were more than 136,000 accidental deaths of Americans in 2014. This is up 4.2 percent from 2013 and up 15.5 percent over the past ten years. The rate of accidents has risen even though there has been a 22 percent decrease in automobile related deaths since 2005. Most shockingly, overdose and accidental poisonings are up 78 percent over the past ten years, killing 42,032 in 2014. Falls are also up 63 percent over that last decade, but experts attribute this to an aging society. The element of these statistics that is difficult to grapple with is that these are all deaths caused by accidents; accidents by their very definition are preventable. Ken Kolosh, statistical manager of the National Safety Council notes that these increases in accidental deaths are not due to people becoming more prone to accidents, but rather due to society not implementing enough preventative measures. Statistics show that an American dies of an accidental injury every four minutes, and one American needs medical help as a result of an accident every second. The region in which you live also can drastically affect the rate of accidental deaths. Maryland, California, and New York have the lowest rates, 30 per 100,000 people, while West Virginia has the highest rate, 75.2 per 100,000. The national average is 41.3 accidental deaths per 100,000 people. Drug abuse is rapidly becoming more deadly while accidents like car crashes have become less deadly. In 1999, overdoses, poisonings, and falls only accounted for 25 percent of accidental deaths but now account for over half of them. In the annual Injury Facts report, the top three causes of American deaths continue to be diseases: heart disease, cancer, and lower respiratory diseases. However, unintentional deaths come in at the fourth spot, beating out stroke, Alzheimer’s, diabetes, flu and suicide. People often worry about murder as a real hazard in America. Yet, there are eight accidental deaths for every homicide and twice as many suicides as murders.

There may be several moving gears that explain accidents as a cause of death moving up to the fourth spot. The U.S. has made great strides in preventing and treating diseases, causing deaths as a result to decrease. That being said, the U.S. has not been as proactive about preventing accidental deaths, causing these to rise. The Injury Facts report also shows data how far the country has come in reducing motor vehicle deaths. In 2014, these deaths were at 35,398 annually, down from a high of over 53,000 in 1980. It’s clear that far less young people are dying on the road than before, but U.S. numbers are still higher than those of other developed countries. Kolosh attributes this to our relatively loose drunk driving regulations and other laws when compared to other comparable countries. Continue reading