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The U.S. unit of well-known camera and medical device manufacturer, Olympus, has agreed to pay more than $623 million in civil and criminal penalties for violating the U.S. government’s False Claims Act. Prosecutors are calling this the largest anti-kickback settlement to date. The U.S. attorney’s office for the District of New Jersey alleges that Olympus paid almost $3 million to government health practitioners in Latin America to increase sales of its product in that part of the world. Olympus admitted that these kickbacks violated the Foreign Corrupt Practices Act. John Slowik, Olympus’ former chief compliance officer, brought the violations to light in 2010 as part of a whistleblower lawsuit against the company. Contact a Massachusetts Whistleblower Attorney Today.

Slowik’s allegations helped to uncover multiple violations by Olympus executives and senior employees, including kickbacks in the form of trips to Japan, expensive meals, spa treatments, golf trips, and consulting fees. “There was a relatively widespread pattern of the company using various forms of financial benefits—cash, trips, consulting agreements—to induce doctors, hospitals and other health-care providers to buy their stuff,” said Paul J. Fishman, the U.S. attorney for New Jersey. Olympus admitted to the misconduct of its senior employees and executives.

Kickbacks Helped Olympus Generate $230 Million in Profits

According to Olympus and federal prosecutors, the kickbacks generated approximately $600 million in sales of medical equipment between 2006 and 2011, resulting in about $230 million in profits for the company. The majority of the medical device sales were for endoscopes; long tubes affixed with miniature cameras that allow physicians to perform internal examinations of patients’ lungs and colons. According to the settlement agreement, some of these endoscopes were sold for more than $20,000 each.

Whistleblower Set to Receive $51.1 Million

As compensation for his role in uncovering these violations, Mr. Slowik will receive $51.1 million. According to his attorneys, Slowik initially tried to report the violations internally, but his attempts to resolve the issues were unsuccessful.

In addition to paying hundreds of millions in penalties, as part of the settlement agreement, Olympus must also improve its compliance training and assign an independent monitor to oversee compliance for a minimum of three years. If the company violates any of the agreed upon requirements within the three-year period, the government is entitled to pursue criminal charges. Continue reading

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A whistleblower is a person who exposes an individual, company, or organization engaged in illegal or illicit activity. Since 1970, whistleblowers have been protected from retaliation by the US Department of Labor’s Occupational Safety and Health Administration (OSHA). Last month, these protections were enhanced when OSHA issued a revised Whistleblower Investigations Manual for use by agency investigators to determine whether to pursue or dismiss a retaliation case. The updated manual includes a change that significantly affects the investigation process for whistleblowers, in favor of employees. Contact a Boston Whistleblower Attorney Today.

In the old manual, OSHA investigators were instructed to dismiss complaints unless the whistleblower was able to show evidence of a prima facie allegation of retaliation. This means, essentially, that upon initial examination, enough evidence must be present to support the allegations of retaliation. The updated manual eliminates the prima facie requirement. Under the new guidelines, OSHA only needs to “find reasonable cause that a complaint has merit.” Basically, the updated standard requires much less evidence. “The evidence does not need to establish conclusively that a violation did occur.” These changes have effectively tipped the scales in favor of the whistleblower.

Whistleblower FAQs

  • In order to obtain a financial reward, a whistleblower must file a lawsuit.
  • If the illegal or fraudulent activity cheats the government, a whistleblower can file suit under the Federal False Claims Act.
  • A ‘relator’ is a person who initiates a False Claims Act lawsuit.
  • The relator must be an ‘original source’ as defined by the False Claims Act: “ An individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government before filing an action under this section which is based on the information.”
  • Will my employer know if I file a False Claims lawsuit? The suit will remain ‘under seal’ and will not be served on the defendant for a minimum of 60 days, and as long as several years.
  • Private citizens can also receive a financial reward for reporting tax fraud or failure to pay federal taxes.

Whistleblowers May Receive Up to 30% of Recovered Funds

Blowing the whistle on government fraud can be extremely lucrative for the whistleblower. Under the False Claims Act, not only are whistleblowers given job protection, they are also typically entitled to a portion of funds recovered by the government. In fact, a whistleblower may receive up to 30% of the recovered funds. Considering that settlements can be in the tens or hundreds of millions, even in the billions, 30% can be a substantial figure. Continue reading

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Following a chaotic scene at the State Street station Tuesday night, officials at Mass Bay Transportation Authority (MBTA) say they will begin a thorough inspection of the Orange Line trains. According to transportation officials, at around 8:30 pm Tuesday night, deteriorating fasteners caused a body panel to fall off an Orange Line train and onto the tracks. The train subsequently ran over the panel, resulting in a disabled train, an overheated motor, and a smoky T station. In fact, as the train began to fill with smoke, some passengers kicked through windows to escape. Contact a Boston Injury Lawyer Today.

Loose Body Panel Hardware Was the Culprit

The good news coming out of this incident is that nobody was injured and MBTA will immediately begin conducting inspections of the Orange Line’s fleet of 120 cars, some of which have been in service since the 1970s. Although the Orange Line cars aren’t the oldest on the T, the older Red and Green Line cars have been rebuilt since they were put into service. The Orange Line vehicles have not. In a statement, the T’s general manager, Frank DePaola said, “Following last night’s incident involving two Orange Line trains, the MBTA is immediately incorporating inspection of body panel hardware as part of regular maintenance work on Orange Line cars.” Let’s hope they stay true to their word, as a future incident could have a more devastating outcome.

According to officials, two cars struck the panel, the car from which it fell and another about six minutes later. Since the train had not come to a proper stop at the station, the doors remained locked. Passengers, who were likely concerned with increasing levels of smoke, had to kick out windows and crawl through the openings to escape. Immediately after the incident, workers inspected every train and secured 13 panels. The panels are actually unique to trains on the Orange Line, so trains from other lines don’t need to be inspected for loose panels. The MBTA performs routine maintenance on the Orange Line trains at 12,000 mile intervals, however, checking for deterioration of fasteners on panels has not been standard procedure. From now on, it will be.

Orange and Red Lines in Head-to-Head Match for Least Reliable Fleet. Over the years, both the Orange and Red lines have become increasingly unreliable. Between February 8th and 14th, the Orange Line trains were running late about 20% of the time. According to MBTA officials, cars from both fleets are scheduled to be replaced, beginning in 2018. Four new cars will be delivered monthly until 2022.

Similar Incident Occurred Last Year. Tuesday’s incident was the second in a little over a year where panic arose due to a smoke-filled MBTA subway train. In January of last year, a failure in a train car’s propulsion system caused a Red Line car to fill with smoke at the Quincy Center station. In that incident, passengers also kicked out the windows of the car. Continue reading

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When most people go to see a doctor, they generally place their trust in that doctor’s words and actions. Afterall, physicians are highly trained to care for us in our most vulnerable states. Whether we’re ill, injured, or seeking medical advice, we rely on health care providers to have our best interests in mind at all times. Unfortunately, as with any person in any profession, doctors can be negligent, careless, and some may even commit criminal acts. In fact, a Boston-area fertility doctor who resigned in 2014 after sexual assault allegations threatened his career, has just been accused by two more patients. Contact a Boston Sexual Assault Lawyer Today.

Boston Fertility Doctor Had Long History of Patient-Sex Abuse

Dr. Roger Ian Hardy, medical director for the Fertility Centers of New England, has just been accused of sexual assault by two more patients who were treated at the clinic. Earlier this month, a Marlborough woman and her husband were the first to file suit against Hardy and his employer. The claimant alleges that Hardy assaulted her while she was under anesthesia for an egg retrieval procedure in 2013. According to the lawsuit, the victim awoke from anesthesia with “severe vaginal trauma and bleeding,” and Hardy told her the injuries were just a “normal part of the procedure.” The lawsuit also claims that the Reading-based clinic knew about Hardy’s history of patient-sex abuse but kept it from patients. A second woman has just hired an attorney and alleges that she was also touched inappropriately by Hardy during a 2012 ultrasound test.

Further investigation into the case has revealed that these two women are not alone. A reporter from the Globe interviewed three more patients who accused Hardy of similar acts of sexual misconduct or assault. In fact, according to former Princeton University classmates, Hardy has been assaulting women for decades. Two of the alleged assaults of Princeton students were reported to officials at the university, and a third woman reported her assault to the Massachusetts Board of Registration in Medicine. In all of these cases, little to nothing was done to address the reports of assault. College administrators, fertility clinic owners, and regulators were all notified of Hardy’s actions but took minimal steps to resolve the behavior. Hardy, who is now living in Thailand, declined to be interviewed about the allegations against him. Continue reading

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In Boston warmer winters often mean icy conditions. Melted snow or daytime rainfall collects in pools and puddles that may freeze when temps fall at night. Unfortunately, these icy surfaces can spell disaster, especially in public parking lots, when unsuspecting patrons or visitors walk to or from their vehicles. During mild weather, people are less likely to anticipate icy surfaces. The majority of a parking lot may be covered in melted water, but an area shaded by trees or a building’s shadow may be a sheet of ice. What are your rights if you slip and fall on an icy surface? Contact a Boston Personal Injury Lawyer Today.

Property owners are responsible for exercising reasonable care with regard to ice and snow removal. It is their duty to remove ice from public parking lots, sidewalks, and walkways. While the property owner doesn’t have to be the individual actually removing the ice and snow, he or she is still responsible for making sure it gets done. Many property owners contract with snow removal companies to keep their sidewalks and parking lots clear. However, if a third-party contractor doesn’t show up to remove ice, and a patron slips and falls, the property owner will most likely be liable for any injuries or property damage. That is, unless the property owner can prove that he or she exercised reasonable care.

What is Reasonable Care?

When it comes to snow and ice removal, reasonable care refers to what is reasonable to expect of a property owner. For example, if heavy freezing rain has been consistently falling for five hours, it is impossible to expect that a parking lot or sidewalk can be kept entirely free of ice accumulation. This is what is known as the ‘natural accumulation’ rule. As long as the property owner doesn’t interfere with the natural accumulation, he or she is generally in the right. However, once ice and / or snow accumulation subsides, it must be removed within a certain period of time.

Much of what is considered reasonable is dependent on where the ice and snowfall is occurring. What is reasonable in northern Florida, for example, is much different from what is reasonable in Boston. This is because members of the public also have a duty to exercise reasonable care when it comes to icy and snowy surfaces. If a patron drives into a parking lot in Florida, he or she is probably not expecting to step out onto an icy surface. However, if a patron drives into a Boston parking lot after several hours of freezing rain, he or she will be more inclined to assess the parking lot’s surface before stepping out of the car.

Document Everything

Weather conditions can change rapidly. An extremely icy surface at the time of the incident may be no more than a pool of mud when you return to take pictures. If you have a smartphone on you at the time of the accident, take as many pictures as possible. If there are any witnesses when you fall, ask for their contact information in case you need to reach them at a later date. Jot down any details you notice at the time of the accident; the time of day, contact info of witnesses, and any other circumstances or details that might be relevant. The more information, the better. Continue reading

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Car accidents can result in a long list of expenses, such as property damage and medical bills. But the financial toll doesn’t always end there.  Pain and suffering, both physical and mental, can result in long-term complications, including anxiety, loss of enjoyment of life, and even the inability to return to work. If you’ve been injured in a car accident, you may be able to recover damages for ‘pain and suffering.’ Contact a Boston Motor Vehicle Accident Lawyer Today.

Multiplier Method Vs. Daily Rate Method

Following an auto accident, insurance companies use several methods to determine the value of an injury claim. These calculations typically include actual medical expenses, lost wages from time off work, and a certain amount for pain and suffering. There are two methods of calculating the compensable amount of a personal injury claim. They are:

  1. The Multiplier Method: used to be a common method of calculating pain and suffering damages, the actual damages are multiplied by a specific number, traditionally the number 3. For example, if the cost of your medical bills was $8,000, your pain and suffering damages would be $24,000. However, most insurance companies now use advanced software programs to determine the number that the damages will be multiplied by, and it’s rarely 3 these days. The designated number depends on multiple factors, including the severity of injuries, length of recovery, and aggravating circumstances. For example, the number designated to a case involving minor injuries in a fender bender will be significantly lower than for someone who has both legs broken in a serious car accident. The multiplier may be 1 in the first case and 4 in the second case. Aggravating circumstances, such as whether the at-fault driver was intoxicated, also come into play when determining pain and suffering compensation.
  1. The Daily Rate Method: Another method of calculating pain and suffering damages is one in which a specific amount of money is assigned to each day of suffering. Lost income is the most common base for determining the daily rate method. For example, if your average income is $150 per day, this will likely become the amount assigned to each day that you are unable to work. Therefore, if you miss 60 days of work, you would multiply $150 by 60 days to reach a figure of $9,000. Other costs can factor into that daily rate, but you have to be able to justify your reason for reaching a certain number. Simply saying, “My suffering is worth $300 a day,” won’t cut it.

Are You Likeable? Are You Credible?

Most personal injury lawyers will use a combination of these two methods to estimate what your requested damages should be. Once a ballpark figure is reached, you can adjust the figure based on multiple factors, including the severity of your injuries and any aggravating circumstances. Before moving forward with a claim for pain and suffering, it is important to consider the value of your claim. All of the following questions will play a significant role in the success of your claim: Continue reading

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It is common knowledge that fatigued or drowsy driving increases the risk of a crash. Unfortunately, drowsiness is a symptom of several medical conditions and a side effect of many prescription medications. For this reason, medications that cause drowsiness typically have a warning label, cautioning patients against driving or operating heavy machinery while on the drug. But what about other medical conditions that increase the risk of having an accident? New studies have revealed that conditions from Attention Deficit / Hyperactivity Disorder (ADHD) to restless leg syndrome may impact an individual’s ability to drive safely. Contact a Boston Motor Vehicle Accident Lawyer Today.

Medical Conditions That Increase the Risk of a Crash

ADHD: Up until recently, ADHD was not commonly associated with an increased risk of motor vehicle accident. However, new research has shown that the link may be significant. Between 2006 and 2010, a Swedish study examined 17,000 men and women with ADHD, as well as a group without the disorder. The results revealed that approximately 6.5% of male drivers with ADHD and 4% of female drivers with ADHD had been involved in at least one crash, compared to only 2% of those without the disorder. However, it is important to note that the risk of crash is reduced by about 58% when subjects with ADHD take proper medication. As one of the most commonly diagnosed disorders in young people, this is of significant concern. Although individuals with ADHD may have a tendency to be impulsive or easily distracted, it is not yet clear if these are the causes of the increased accident risk.

Pregnancy: Being pregnant significantly increases a woman’s risk of being involved in a traffic accident. This risk is especially high during the second trimester. In fact, the risk of a serious accident increases by 42% during the middle months of pregnancy. Although research isn’t entirely clear on why, it is likely due to a combination of factors. During this stage of pregnancy, women may be nauseous, fatigued, and / or distracted. Statistics show that approximately one out of every 50 pregnant women will be involved in a traffic accident during their pregnancy.

Epilepsy: This condition is characterized by different types of seizures, and the increased risk of being involved in an auto accident is largely dependent on the frequency and kind of seizures the patient experiences. If a seizure results in loss of control or awareness while driving, it can be extremely dangerous. For most individuals with epilepsy, driving privileges will be restricted until they have been seizure-free for a minimum amount of time.

Dementia:The most well-known form of dementia is Alzheimer’s Disease, but there are many types and varying levels of this cognitive disorder. When an individual has dementia, even in the early stages, the risk of having a motor vehicle accident increases substantially. Because dementia is a progressive disease, the risk will only grow as time goes on. This doesn’t necessarily mean that someone in the early stages of dementia cannot drive safely. However, once an individual has been diagnosed with dementia, his or her driving abilities should be closely monitored. Continue reading

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Although Alzheimer’s Disease is the leading cause of dementia, many older Americans without Alzheimer’s have another form of dementia. In fact, according to reports from the Alzheimer’s Association, one out of every three seniors dies with some level of dementia. All types of dementia are irreversible, progressive cognitive disorders. The disease typically begins by affecting a person’s memory and thinking skills. Eventually, dementia affects the ability to complete even small tasks. Unfortunately, in addition to the emotional, cognitive, and physical challenges of dementia, there is another concern. Nursing home residents with dementia are significantly more susceptible to abuse and neglect. In fact, according to the National Center on Elder Abuse (NCEA), approximately 47% of nursing home residents with dementia have suffered mistreatment. Contact a Nursing Home Abuse Lawyer Today.

Dementia and Abuse Statistics

About half of all people over the age of 85 and more than 5 million people age 65 and older have dementia, according to the NCEA. The University of California Center of Excellence on Elder Abuse and Neglect recently published a fact sheet outlining the problem of elder abuse as it relates to dementia. Here is what they found:

  • About 7.7 million people will have Alzheimer’s Disease by 2030
  • About 16 million people will have Alzheimer’s Disease by 2050
  • The rate of abuse of dementia patients is between 34% and 62%
  • In a survey of elder care workers, 20% said they feared becoming violent with their dementia patients
  • Up to 10% of elder care workers admitted to being physically abusive to dementia patients
  • One study found that 60% of elder care workers had been verbally abusive to dementia patients

Signs of Abuse in Dementia Patients

If you are concerned that a loved one who has dementia is the victim of abuse or neglect, the following list provides common signs of abuse. If you notice any of these signs, they should be reported immediately. If you suspect abuse, it is also in the best interest of your loved one to speak with an experienced nursing home abuse lawyer right away.

  • Cuts or bruises
  • Marks on wrists (this may indicate excessive use of restraints)
  • Burns
  • Bedsores
  • Broken bones
  • Malnutrition
  • Dehydration
  • Poor personal hygiene
  • Broken eyeglasses
  • Unsanitary living area

Is My Loved One at Risk?

There are several risk factors that increase the likelihood of elder abuse and neglect for patients with Alzheimer’s Disease or dementia. These include:

  • Severity of the disease
  • Caregiver’s relationship to the patient earlier in life (family member, associate, friend, or stranger)
  • Elder’s use of verbal or physical aggression
  • Isolation (typically seen in at-home care)
  • Caregiver substance abuse
  • Caregiver depression

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With this year’s first big snow storm on its way, the risk of car accidents, property damage, and slip and fall accidents increases substantially. However, by taking proper precautions, these risks can be reduced, if not eliminated altogether. Being prepared for heavy snowfall, below freezing temps, and ice can prevent everything from burst pipes to fatal car accidents. Spending a few dollars and a little bit of time preparing your home and vehicle can save you thousands of dollars in property damage and medical bills. Contact a Boston Injury Lawyer Today.

Tips for Protecting Your House in Winter

In New England, frozen pipes, power outages, and downed trees are a common winter occurrence. All of these unfortunate circumstances can result in thousands of dollars in property damage, and can even create dangerous situations. Utilize the following safety tips to protect your family and keep your home safe and secure in severe weather this winter:

  • Trees within close proximity to your house and power lines should be trimmed back
  • If you use oil or propane for heating, make sure your tanks are adequately full
  • Check heating vents to make sure that heat is reaching all of them
  • Have a backup heat source, such as firewood or a generator, in case you lose power
  • If a backup heat source is not possible, make sure that you have plenty of heavy blankets, warm clothes, coats, hats, and candles on hand
  • If you lose power, let spigots run at a slow trickle to prevent freezing pipes
  • Insulate and heat pipes in crawl spaces and cold basements to prevent pipes from freezing and bursting
  • Clear your roof of significant snow and ice accumulation
  • Ensure that all walkways, sidewalks, and entrances are clear of snow and ice by shoveling and using ice melt or sand

Winter Car and Truck Safety

If you must drive during winter weather conditions, make sure your car is prepared. Use the following safety tips to reduce your risk of accident or injury:

  • Inspect tire tread and air pressure prior to setting out on icy or snowy roads
  • Make sure that your gas tank is always at least half full
  • Store emergency supplies, such as bottles of water, sand, a flashlight, blankets, an ice scraper, a shovel, and jumper cables in your trunk
  • Make sure that windshield wiper fluid is full and that wipers work
  • Consider using a de-icing wiper fluid during winter months
  • Clean all snow and ice from your car, including from the roof
  • If you must drive on snowy or icy roads, keep ample distance between your car and the car in front of you, avoid excessive speeds, and drive defensively at all times

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Warming blankets used on patients during certain knee and hip surgeries have been linked to serious, potentially life-threatening injuries. The 3M Bair Hugger warming system helps to regulate a patient’s body temperature while under anesthesia. Unfortunately, many patients have developed deep joint infections after using these warming systems. As a result, some patients have required additional surgeries, including removal of hip and knee replacements, and others have become permanently disabled. Contact a Boston Injury Lawyer Today.

Since its approval by the FDA in 1998, the forced air warming blanket manufactured by Arizant Healthcare, Inc., has been used during millions of knee and hip replacements. Vents allow heated air to circulate around the patient, including in the area beneath the operating table. This warmed air helps to reduce bleeding from incisions and may result in faster recovery periods. However, recent findings show that the warming system may also spread bacteria, leading to infections and other serious complications.

Warm Air May Transfer Germs and Bacteria to Surgical Incisions

The Bone & Joint Journal conducted a study of the warming blanket system in 2013. Their research revealed that the blanket could recirculate contaminants it comes in contact with, including MRSA and sepsis. Germs and non-sterile air under the operating table can be transferred to the sterile surgical site through convection currents created by the warmed air. In August 2013, an article was published in Anesthesia & Analgesia warning patients about the risks associated with the 3M Bair Hugger system and other similar warming blankets. When bacteria and germs are blown into surgical incisions, the risk of infection increases substantially. Possible complications associated with this risk include:

  • Additional surgeries
  • Removal of hip or knee devices
  • Amputation of affected limb(s)
  • Death

Many of the lawsuits against 3M and its manufacturer Arizant Healthcare, Inc. allege that the device was not adequately tested prior to its release. Follow-up testing may have also been insufficient. Even the device’s inventor, Dr. Scott Augustine, has expressed his concerns about the device’s safety.  Had proper testing been conducted, multiple patients may have been spared unnecessary pain, additional surgeries, and debilitating injuries. One patient in particular required five additional surgeries following the initial surgical procedure using a warming blanket.

Symptoms of Complications from Warming Blanket

If you develop any of the following symptoms after a surgical procedure using a warming blanket system, contact your physician immediately:

  • Excessive pain
  • Redness around surgical incision
  • Warmth around incision
  • Drainage from incision
  • Joint swelling
  • Fever

Any of the above symptoms may indicate a serious complication. Although surgeries typically come with minor pain and discomfort, pain that feels excessively intense should be reported to your health care provider without delay. An untreated infection can lead to additional surgeries, amputation, and can even be fatal. Continue reading

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