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Last month we wrote about the rise in safety and health violations at several Synergy Health Center-owned nursing homes in Massachusetts. One of the facilities in particular, Woodbriar Health Center in Wilmington, has been cited by state inspectors for multiple problems since it was purchased by Synergy. The problems include substandard care resulting in bedsores and medication errors, and issues with the facility itself, including crumbling plaster and broken tiles in almost half of the inspected bedrooms. Up until this point, the violations have only resulted in citations and some controversy. However, a recent violation may have led to the death of 83-year-old Woodbriar resident, Mary Meuse. Contact a Boston Nursing Home Abuse Lawyer Today.

On Christmas Day, one of Woodbriar’s certified nursing assistants used a mechanical lift to transition Meuse from her bed to a wheelchair, without the help of another staff member. In doing so, the employee violated an important safety rule. According to the Food and Drug Administration (FDA), at least two people are required to safely operate most mechanical lifts. When the 21-year-old aide attempted to move Meuse onto the lift, the patient fell to the ground, breaking both legs. Despite the severity of her injuries, and the fact that Meuse was on blood-thinning medication for a heart condition, she was not sent to a hospital until the following day. Unfortunately, it was too late. Meuse, who was bleeding internally, died in the hospital on December 27.

Wilmington Facility Understaffed Since Opening

Synergy owns 11 facilities in Massachusetts, several of which have received citations since the company began buying MA nursing homes in 2012. Nursing home licensing laws in the state have changed drastically over the last year. However, when Synergy applied for Woodbriar’s license, it received little public scrutiny. Woodbriar is one of four Synergy-owned nursing homes that most likely would have been denied a license under the current, stricter licensing regulations.

Since Synergy’s purchase of Woodbriar last March, the facility has been understaffed, according to two former employees who asked to remain anonymous for fear of professional repercussions. In addition to this most recent tragedy, Synergy’s nursing homes have been cited for many other potentially-life threatening violations. These include poor infection control, inadequate training, and unhygienic practices, among other concerns.

According to the father of the nursing aide involved in Meuse’s accident, Woodbriar was understaffed on Christmas Day and his daughter had to work because the nursing home was desperate for staff. In fact, the young woman was asked to work a second shift immediately following the first. However, she was traumatized by the accident and left work at 3 p.m. In addition to the excessive hours, the young woman’s father said that she was also asked to care for more patients than is typical for a normal shift.

Woodbriar’s Serious Fall Injuries Nearly Twice State and National Averages

According to the US Centers for Disease Control and Prevention, approximately 1,800 nursing home residents are killed in falls every year. However, Woodbriar’s record of falls resulting in major injuries is almost twice that of the state and national averages. According to reports, between October, 2014 and June, 2015, about 5.9 percent of Woodbriar’s residents suffered a major injury after falling, compared to only 3 percent of statewide nursing home residents. Continue reading

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Slip and fall accidents account for about 25% of all personal injury claims per year, and 15% of all accidental deaths per year. Slips, trips, and falls can happen anywhere, including in the home, outside, or on-the-job. The information below provides tips and guidelines for preventing slip and fall accidents at home and at work. Contact a Boston Injury Lawyer Today.

Falls in the Bathroom

In the home, most slip and fall accidents occur in the bathroom and most victims are over the age of 65. Utilizing the following safety precautions can help reduce the risk of bathroom falls:

  • Remove all clutter from the floor, including hampers, trash cans, and rugs. Consider installing wall-to-wall carpet, or flooring with a non-slippery surface, such as textured tile.
  • Install grab-bars near the toilet and on the inside and outside of the bathtub or shower enclosure.
  • Replace a standard soaking tub with a walk-in shower, or install a bench that straddles the tub. This will make it much easier to get in and out of the tub safely.
  • Install an adhesive non-slip mat on the tub or shower floor.
  • For elderly individuals with difficulty getting on and off the toilet, consider installing a toilet riser.

Falls in the Restaurant

Of the nine million annual workplace slip and fall accidents, approximately four million occur in the foodservice industry. Spilled liquids, grease, dim lighting, and a chaotic, fast-paced environment all contribute to restaurant and kitchen falls. To reduce the risk of serious injury in a restaurant slip and fall accident, follow these safety guidelines:

  • Mats should be strategically placed throughout the kitchen and restaurant in places where they are most needed. For example, front doors, beverage and cooking stations, and areas near ice machines should always have a mat.
  • Choose the right mat for the job. High traction mats with sloped edges are necessary for high traffic areas. Low traction mats can curl and buckle, resulting in trips and falls.
  • Mats should be properly cleaned on a regular basis. Especially in commercial kitchens, mats can accumulate dirt, grease, and grime in a short period of time. In order to prevent slick mats, and the transfer of grime throughout the kitchen and restaurant, mats should be cleaned on a daily basis.
  • Clean up spills as soon as they happen, and walkways should be kept clear of clutter and debris at all times.

Continue reading

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Distractions aren’t just dangerous while you’re driving. Texting, emailing, and talking on your cell phone while walking can result in serious injuries. In fact, a 33-year old Indiana man recently plummeted to his death when he failed to notice the edge of a cliff in coastal California. And it’s the same story nationwide. Take a stroll through Boston any day of the week and look around. Zombie-like pedestrians seem to be on autopilot as they cross busy intersections, walk under construction scaffolding, and even push strollers, all while staring at their phone screens. Contact a Boston Injury Lawyer Today.

Distracted walking has become so dangerous that the National Security Council has recently added it to its annual injury report as a new category. There are seemingly endless videos of distracted walking accidents on the internet, typically uploaded to garner laughs. However, many accidents related to distracted walking are quite serious. Distracted pedestrians have been struck by bicyclists and motor vehicles, have walked off train platforms, and have fallen into swimming pools. Being distracted also increases your risk of being mugged, or otherwise assaulted.

Distracted Walking E.R. Visits Skyrocket

Certain municipalities have tried methods of reducing distracted walking-related accidents, such as Idaho’s no-texting ordinance at crosswalks, Delaware’s painted crosswalks, and London’s padded lampposts. However, the problem keeps growing. Technology continues to improve and cell phones come out with more features every year. Added features increase our dependency on our cell phones, and this translates to more screen time. For many of us, city-dwellers especially, walking and subway commutes are the perfect time to communicate with friends, complete work tasks, send emails, and take care of online errands. Although it may seem convenient to kill two birds with one stone, it is important to do so wisely. Always remove your eyes from the screen when you are crossing any street or intersection. Emergency room visits for distracted walking-related accidents have risen sharply in the last five years.

Distracted Walking Statistics

There are approximately 1,500 annual emergency room visits for injuries related to distracted walking.

The number of distracted walking-related emergency room visits doubled between 2005 and 2010.

Millennials ages 21-25 are most at risk of distracted walking injuries.A recent study showed that people veered off course 61% of the time when distracted by their phone.

Falls cause 80% of distracted walking injuries.

More than 50% of distracted walking accidents occur in the home.

University of Alabama at Birmingham Professor, David Schwebel, studies what is happening to the brain when a person is texting and walking. According to Schwebel, “Walking actually involves a fair amount of complexity. Our brain has to work hard to make sure we walk safely, especially near traffic. Our brain also has to work hard to text message. It has to think about who you’re reading, how to respond, how to type. Brains can only handle so much. If we give the brain too much to do, mistakes can happen.” Continue reading

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There seem to be more bicyclists on Boston’s roads every year. Considering the health and environmental benefits of bicycling, this is great news for everyone. But there is a flip-side. Unfortunately, there is as much controversy surrounding bicyclists as there is praise for their healthy way of life.They often get little respect from car and truck drivers who feel that they intentionally take up extra space on the road, leaving drivers no choice but to drive slowly behind cyclists or swerve into oncoming traffic to maneuver around them. Contact a Boston Injury Lawyer Today.

Certainly there are rude bicyclists on the road, but the vast majority are extremely respectful of drivers, other cyclists, and road rules in general. In order to mitigate the risk to cyclists, several new bills aimed at protecting them will be the focus this week at the Statehouse’s first public hearing of the year. According to Richard Fries, executive director of MassBike, the bicycling advocacy group hopes to hear testimonies from “the families and friends of victims whose lives and limbs may have been spared if these laws had been in place,” at Wednesday’s hearing before the Legislature’s Transportation Committee.

Side-guards on Large Trucks May Save Lives

In 2014, Boston passed an ordinance that requires the installation of side guards on large vehicles such as tractor-trailers. According to bicycle safety activists, over half of all bicyclists involved in fatal collisions with large trucks are swept underneath after first hitting the truck’s side. The installation of side guards may help to reduce fatalities by blocking cyclists from being pulled beneath the wheels of a large truck.

Bicycling advocates want to see more steps taken to ensure the safety of cyclists, drivers, and pedestrians alike. They are pushing to see the introduction of a bill at Wednesday’s hearing that would require drivers to leave 3 feet of space between their vehicle and a bicyclist, even if doing so requires crossing the center-line. This bill would add bicyclists to the category of “vulnerable users,” which includes police and other emergency personnel, pedestrians, and construction workers.

Bill Proposes Fine for Parking in Bike Lanes

Another bill on the table would impose a $100 fine on drivers who stop or park in any designated bike lane. These lanes are typically marked with painted lines on the street. When drivers block these lanes, it can force bicyclists to veer into traffic to avoid hitting a parked car.

 

At Wednesday’s hearing, in addition to the above bills, cycling advocates hope to see a fourth bill come up that will require motorists to yield to pedestrians and cyclists who are in the crosswalk section of a bicycle path. The current law states that bicyclists should get off their bikes and walk through bicycle path crosswalks with other pedestrians. However, cycling advocates claim this is unrealistic. Continue reading

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Boston’s first snowfall of the 2015 / 2016 winter season has prompted the question – who is responsible for shoveling the sidewalks and walkways of rental properties? According to the city of Boston, landlords, not tenants, are responsible for shoveling the sidewalks. However, lease terminology and recent changes to a 125-year-old law have resulted in some confusion among landlords and renters alike. Contact a Boston Injury Lawyer Today.

Facts and Figures – 

Boston Landlords Are Responsible for Snow and Ice Removal: If the landlord does not comply, the tenant can notify the city by dialing 311. The “Massachusetts Rule” law, which was in place for 125 years, permitted property owners to leave naturally accumulating snow on walkways without fear of liability. However, that law changed in 2010 and now landlords are responsible for keeping their property entirely free of dangerous snow or ice accumulation.

Transfer of Responsibility: Although it is the landlord’s responsibility to remove snow and ice from property walkways and sidewalks, it is not uncommon for this responsibility to be transferred to the tenant in the rental lease agreement. If the tenant signs off on this agreement, then he or she is responsible for removing snow and ice.

Owners Beware: But what if someone gets hurt? If someone suffers injuries after slipping on snow and ice, who is at fault? If the accident occurs on another’s property, the owner of that property can be held liable in any personal injury or property damage lawsuits. This is even true if the property is rented and the responsibility for snow and ice removal has been transferred to the tenant in the rental lease.

The Three Hour Rule: Once snowfall stops, property owners have three hours during which to clear the sidewalks. If the snowfall occurred overnight, the property owner has three hours after sunrise to complete this task. If snow is not cleared within that time frame, the property owner may face fines.

Avoid the Ambulance: Slip and falls account for over 1 million emergency room visits every year. According to the CDC, in 2005 more than 15,000 people age 65 and older died from slip and fall injuries. If you are a property owner, it is essential to keep walkways and sidewalks free of dangerous snow and ice accumulation at all times. Not only will this protect you from lawsuits, it may save lives. Continue reading

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A nursing home in Brockton is under fire for racking up multiple health and safety violations while the owners extracted $1.8 million in pay last year. Braemoor Health Center is owned by parent company, Synergy Health Centers, which owns a total of 11 nursing homes. Concerns about Synergy-owned centers have begun to emerge, including complaints about medication errors, inadequate training of staff, and improper treatment of festering pressure sores. When Synergy entered the Massachusetts market in 2012, it had no previous record of owning nursing homes. Today, it presides over the care of more than 1,200 residents in the state. Contact a Boston Nursing Home Negligence Attorney Today.

According to a Globe investigation, Synergy provided false information in its nursing home license applications. Even though there were federal tax liens against the Braemoor property in 2013 and 2014, Synergy stated that all taxes were paid up on the application for licensure.

Braemoor Nursing Home Owner Has Arrest Record

In addition, Larry Lipschutz, owner of the Braemoor property and part owner of eight more Synergy nursing homes, has an arrest record. The native New Yorker received fines in the tens of thousands of dollars for a New Jersey apartment complex that he owned and ran into the ground. Ralph Caputo, a New Jersey state Assemblyman who assisted tenants with lobbying for repairs spoke about the severity of the situation. “There were broken windows, flooded areas, rats. It was unbelievable,” said Caputo. During a March 2004 inspection of the property, state inspectors cited Lipschutz for approximately 1,400 violations. He was arrested after pleading guilty to the violations. Lipschutz received $49,369 in fines, but state regulators offered to cut those fines in half if he addressed the problems. According to New Jersey Department of Community Affairs records, he has only paid $3,000 and has neglected to fix the problems.

Two former Synergy staff members have alleged that the company purchased a suite at Gillette Stadium for $25,000 in 2013. “It really offended me because I had to do battle to get basic nursing supplies,” remarked one of the former staffers. During that same time period, Synergy began purchasing lower-quality adult diapers and less fresh fruit at its facility in Sunderland. In addition, the same facility was cited for more than a dozen violations. Continue reading

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Approximately 23 million Takata airbag inflators have been recalled in the US due to the potential for them to explode, sending metal debris flying. A young man has recently become the eighth person in the US, and ninth worldwide, to die from an explosive rupture when he was involved in a crash near Pittsburgh earlier this month. In addition to fatalities, the faulty inflators have also resulted in numerous injuries. These injuries and deaths typically involve low-speed crashes that would have likely been survivable. Contact a Boston Injury Lawyer Today.

According to the National Highway Traffic Safety Administration (NHTSA), the number of recalled vehicles with Takata airbags is increasing. Although it was already the largest and most complicated recall in the NHTSA’s history, new findings may result in hundreds of thousands of additional recalls.

Unsealed Documents Reveal Cover-Up

The potential for Takata inflators to explode was first brought to the manufacturer’s attention five years ago. Following the most recent death, previously sealed documents were opened as part of a new lawsuit against Takata. Within these documents were meeting minutes taken at Honda’s American headquarters, in 2009. The man who oversaw Honda’s manufacturing operations at that time, Hidenobu Iwata, was noted as questioning Shigehisa Takada, the president of Takata, on the severity and extent of the explosive defect. Mr. Iwata was quoted as saying, “I am constantly worrying how far it spreads out. I want you to study the reason quickly.” Also included in the minutes was further questioning by an engineer identified as Otaka. “Why does the propellant deteriorate with age? Why does it explode? I want to know the truth.”

Prompting the 2009 meeting was the death of 18-year-old Ashley Parham. The Oklahoma resident bled to death when her airbag ruptured in a crash, propelling a piece of metal debris into an artery in her neck. Following Parham’s death, approximately 4,000 vehicles were recalled. After the meeting between Honda and Takata, Honda recalled an additional 440,000 vehicles. However, both companies maintained that the defect was due to an isolated manufacturing problem. Takata declined to comment on the recently unsealed documents.

Recall Involves Hondas, Mazdas, and Subarus

The expanded recall will involve several hundred thousand Hondas, Mazdas, and Subarus. During the recall, the airbag inflators, which contain a propellant called ammonium nitrate, will be replaced. The safety of that propellant, generally reserved for large-scale uses such as mining, has been questioned by explosives experts. Unless it can be proven that ammonium nitrate is safe, all airbag inflators with the compound will be recalled. Currently, that number is in the tens of millions. Takata has received a $70 million fine from the NHTSA for failure to properly disclose the defect. However, that fine may rise by more than $100 million if it is determined that Takata did not adhere to the consent order terms. Continue reading

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A tragic accident at a Salem, New Hampshire Sears Auto Center has left one young man dead and another seriously injured. On Saturday morning, 22-year-old Sears Auto employee, Justin Almon, suffered life-threatening injuries when a tire he was filling “exploded off the machine,” hitting both he and a customer in the head. According to Salem police, the 911 call came in just before 8:00 a.m. When police arrived at the scene, they found Almon with blunt force trauma to the head and 23-year-old Adam Sproul, a customer who had also suffered serious head injuries. Contact a Massachusetts Workers’ Compensation Lawyer Today.

Incident Under Investigation by OSHA

Almon was pronounced dead shortly after arriving at the Parkland Medical Center. Sproul, a resident of Boothbay Maine, was first transported to Lawrence General Hospital and then airlifted to Boston Medical Center. His condition has not been released. The Occupational Safety and Health Administration (OSHA) and the Salem Police Investigative Services Unit are currently investigating the explosion, but preliminary investigation shows that Almon was using an industrial tire changer to fix a large truck tire at the time of the accident.

Following the incident, Sears released this statement, “”First and foremost, our thoughts and prayers are with the family of our associate, and we send our deepest condolences to them.  We also send our thoughts and concerns to our customer who was injured in this tragic accident. We are working closely with local authorities as they investigate this matter.”

Defective Equipment Can Be Deadly

Certain occupations pose a much greater risk of serious injury and fatality than others. For example, mining, offshore drilling, and some construction-related jobs. However, freak accidents, such as the tragic incident above, can happen in any work environment. Even seemingly innocuous equipment should be operated with extreme care, and regularly maintained and inspected.

Further investigation into this case will likely reveal the cause. It may have been due to a design defect or manufacturing defect. If this is the case, the manufacturer may be liable. It is also possible that the accident was a result of employer negligence. If, for example, the equipment was sound at the time of purchase but hasn’t been adequately maintained, Sears may be liable for the employee’s death. Continue reading

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Chipotle is a popular Mexican restaurant chain, known for fast service and healthier options than many of its competitors. Lately, however, the restaurant is either making some seriously bad decisions or having a string of really bad luck. The most recent incident involved a Chipotle Mexican Grill in Cleveland Circle, a popular spot for Boston College students. Approximately 140 people, mostly BC students, developed severe nausea and vomiting after eating at the restaurant in early December. The outbreak of illness appears to be linked to norovirus, a highly contagious virus that is typically transmitted by contact with an infected person, or contaminated food, water, or surfaces. Contact a Boston Injury Lawyer Today.

Andrea C. Dow, the mother of one of the victims, sued Chipotle in Norfolk Superior Court this Thursday. She claims that her 16-year-old son, Alexander Keough, began throwing up within hours of eating at the Cleveland Circle restaurant on Dec. 4. By early afternoon the following day, “he was so sick he was almost catatonic,” said Dow. “He was sheet white. His heart was racing.” Keough was given fluids and anti-nausea meds at Boston Children’s Hospital. The family’s copay left them with a $350 bill, and the nightmare isn’t over yet. More than a week after the incident, Keough was still complaining of cramps and dizziness. A test confirmed that norovirus is still present in his system.

Cleveland Circle Chipotle Cited for Multiple Violations

An inspection of the Cleveland Circle Chipotle revealed several major violations, including improper heating of chicken and beef, and an employee who had been allowed to work while ill. In response to these violations, and the massive norovirus outbreak, the city ordered the location to close on Dec. 7. As of today, it has not reopened.

In an e-mailed statement, communications director for the chain, Chris Arnold said, “ As a matter of policy, we don’t comment on pending legal action. But I will note in incidents like this, we make it a priority to work with customers who have been impacted to resolve these issues.” According to Dow, her three teenage boys eat at Chipotle up to three times a week. “We believed in the brand,” she said. “I feel a little duped.”

Dow is suing for damages and reimbursement for legal and medical expenses. She cited similar outbreaks connected to Chipotle, including an E.coli outbreak that affected 52 people in nine states last month, and a norovirus outbreak in California that affected more than 200 people over the summer. “They knew about sicknesses and didn’t take proper precautions,” said Dow.

There are lawsuits pending against the Mexican restaurant chain for both of those incidents, as well as an E.coli and salmonella outbreak in Minnesota. Continue reading

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Several people were injured on Tuesday when a temporary construction wall collapsed in the Boston suburb of Malden. The collapse, which occurred in front of a Japanese restaurant on Pleasant Street, trapped 5 people before dozens of witnesses lifted the wall, freeing the victims. A mother, her husband, and their toddler were among the victims. The mother received non-life threatening injuries. Fortunately, her son was not seriously hurt. Contact a Boston Injury Lawyer Today.

According to Malden police Capt. Glenn Cronin, the collapse was likely due to a strong gust of wind. Deepti and Sudhir Soni were trapped under the fallen wall with their 2-year-old son. The mother was taken to the hospital immediately following the incident. Sudhir Soni reported that his wife was diagnosed with a C1 spinal cord fracture. She will need to wear a collar until the injury heals. The family was walking on the Pleasant Street sidewalk when the plywood barrier collapsed. According to witnesses, the toddler’s stroller frame protected him from serious injury.

“I Wouldn’t Wish It On Anybody”

The Occupational Safety and Health Administration (OSHA) is currently assisting local authorities with the investigation. In addition to the family of three, two other women, Albertina Pierre and Maureen Finn, were also injured. Pierre’s son said his mother was crying. “She was like ‘Isaiah I could have died,’” he said. Finn also recounted the traumatic experience. “It was so heavy it was unbelievable, I wouldn’t wish it on anybody,” she said. “I had walked by it several times, I thought it would be light, but it just crushed all of us.” Paul Frazer, who was in a nearby jewelry store, was one of many witnesses who rushed out to help when the wall collapsed. “We didn’t know what happened so we just kind of ran out there and we saw some people underneath, we heard a baby crying, just tried to lift it up and get the people out from underneath,” he said.

You Just Never Know

Fortunately, nobody suffered life-threatening injuries in Tuesday’s incident. However, it serves as a good reminder that ‘freak accidents’ can happen at any time, in any place. Living in the city, most of us walk past temporary construction walls and scaffolding multiple times each day. While the vast majority of these structures are sound, exceptions do exist. In fact, a similar incident occurred last week when construction staging collapsed in the North End, injuring a worker. Always use caution when walking beside, or under, these types of temporary structures. Unfortunately, when they do fall or collapse, injuries are common and can be serious or even fatal. This year, multiple scaffolding and staging collapses resulted in fatalities in New York City, Houston, and Raleigh, N.C. Continue reading

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