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In Massachusetts, patients are prohibited from recording their surgeries without the consent of all parties being recorded. However, in light of recent incidents, more and more patients are requesting permission to video or audio record their surgeries. Earlier this year, a patient in Virginia was awarded $500,000 in a medical malpractice lawsuit after his secretly recorded surgery revealed offensive comments made by doctors while he was under sedation. The patient had set his cellphone to “record” and slipped it into his pants pocket prior to an outpatient colonoscopy. Contact a Massachusetts Medical Malpractice Lawyer Today.

Uptick in Patient Requests to Video or Audio Record Hospital Visits

Advocates for patient recordings say that the transparency of a recording holds physicians accountable, and may even present an opportunity for all medical personnel to learn from their mistakes. However, many hospitals and physicians aren’t so sure. They have voiced serious concerns over privacy, and have questioned how such a policy would impact the doctor-patient relationship. According to Jennifer Kritz, a spokeswoman for the Beth Israel Deaconess Medical Center in Boston, there has been an increase in patient requests to record their hospital visits. In addition to recording surgeries, patients also want to record physician instructions and film physical therapy sessions in order to replicate the exercises at home. Although there is quite a bit of controversy surrounding the recording of medical procedures, several Boston area hospitals say they allow patients to record visits as long as consent of medical staff is obtained beforehand.

In Wisconsin, a state representative has recently introduced a bill that would require all hospitals to give patients the option of recording medical visits, procedures, and surgeries. In recent years, similar bills have been introduced in both Mississippi and Massachusetts, but they have yet to create any changes in policy. According to Betty Daniels, an Indiana local chapter director for the National Medical Malpractice Advocacy Association, the organization is working to get a similar bill introduced in Indiana.

In a recent interview with the president of the Massachusetts Medical Society, Dr. Dennis Dimitri, he voiced concerns that recording surgeries would introduce an element of “distrust” and would effectively “anticipate wrongdoing.” He also said that recording surgeries, “may cause people to be much more guarded about what they say”. Additional concerns include the spread of medical videos on social media, the videographer getting in the way of the surgery, physicians being so guarded about what they say that they neglect to mention important details during surgery, and the exposure of hospitals to more medical malpractice lawsuits. Continue reading

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Following an incident at Fenway Park this summer, in which a fan was seriously injured by a foul ball, Major League Baseball has recommended that all 30 clubs enhance fan safety at games. One of their recommendations is to install safety netting that provides greater coverage. Specifically, MLB suggests that netting should shield field-level seats within 70 feet of home plate and those that are near both dugouts.

Fans Should Pay Attention During Each At-Bat

Fenway Park is taking action. In a recent statement, the team said, “The Red Sox take matters of fan safety very seriously and intend to follow the recommendations put forth by Major League Baseball by expanding the backstop netting behind home plate for the 2016 season.” The Red Sox have already begun contacting ticket holders most impacted by the changes. In addition to the installation of fuller-coverage netting, MLB is also asking clubs to adequately warn fans about the inherent dangers of batted balls and bats flying into the stands. They encourage fans to always be aware of their surroundings, and to pay attention during each at-bat.

Injured Fans Approve Fenway’s Installation of Improved Safety Netting

In a statement from Stephanie Wapenski, the Red Sox fan who was injured over the summer, she announced her approval of Fenway’s move toward a safer ball park. “To know that they’re – right now in December – already taking steps, I’m proud, I’m impressed and I’m glad for the Red Sox.” she went on to say, “It’s a smart move. Don’t wait until there’s a worse injury.”

Wapenski wasn’t the only injured fan this year. Tonya Carpenter was also seriously injured when a broken piece of a bat from Oakland’s Brett Lawrie hit her. Her lawyer issued the following statement in response to the installation of Fenway’s new netting. “To the extent that the catastrophe was a stimulus to provide additional netting, at least something good will have come out of her injuries and suffering.” Continue reading

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According to the American Academy of Ophthalmology, falling and fighting are the top causes of eye injuries requiring hospitalization. As the number one cause, falling was responsible for more than 8,425 hospitalizations over a 10-year period. Fights came in at a close second, resulting in nearly 8,000 hospitalizations. During that same time period, researchers at Johns Hopkins University found that the cost to treat eye injuries in hospitals spiked by 62 percent to more than $20,000 per injury. Contact a Boston Injury Lawyer Today.

The Rising Cost of Eye Injuries

Johns Hopkins study: In response to the significant rise in costs, researchers at Johns Hopkins University set out to determine the most common causes of serious eye injuries, and their associated costs for hospitalization. Between 2002 and 2011, the researchers studied nearly 47,000 ocular trauma patients between the ages of 0 and 80. In addition to identifying the type and cause of injury and the associated cost, they also looked at length of hospital stay.

Serious ocular trauma injury: These largely preventable injuries have become extremely expensive to treat. Common eye injuries include orbital fractions and being pierced by a sharp object. Slip and fall accidents were blamed for 3,000 of the eye injuries reported during the 10-year period. “Unarmed fight or brawl” was cited as the second most common cause of eye injuries requiring hospitalization, but it the most common for individuals between the ages of 10 and 59.

Eye injuries in children: For kids under the age of 10, being accidentally struck by a person or object was the number one cause of ocular trauma. But there is also merit to the oft-shouted warning, “don’t run with scissors,” as the number two cause was being pierced by a sharp object, such as scissors.

The cost: Ophthalmologists studying the spike in healthcare costs for eye injuries are not yet certain of the cause. However, they did discover that costs tend to be higher for older patients and at large hospitals. The patient’s income does not appear to affect the cost. The median cost of treating eye injuries rose from $12,430 in 2002 to $20,116 in 2011. According to the study’s lead researcher, Christina Prescott, M.D., Ph.D., “It could be related to drug prices or administrative costs. Either way, it’s clear we need more targeted interventions to help reduce these types of injuries, many of which are preventable. Continue reading

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An incident with a Red line commuter train in Quincy Thursday morning could have been tragic. The train traveled multiple stops without an operator, before it was forced to a stop by MBTA operations personnel. According to witnesses, the operator got off the train to check a problem in Braintree, around 6 a.m. However, for reasons as yet unknown, the train began to move, striking the operator. The train picked up speed and rolled through three stops, Quincy Adams, Quincy Center, and Wollaston, before coming to a complete stop just beyond North Quincy. Contact a Boston Injury Lawyer Today.

When MBTA operations personnel were notified of the incident, they immediately de-powered the third rail, forcing the train to a stop. Passengers were unaware of the danger they were in. In fact, when the train came to a complete stop, rail workers boarded and operated it to JFK/UMass, at which point they requested all remaining passengers to exit.

The cause of the incident is currently under investigation. However, investigators are looking into reports that someone may have tampered with a safety device in the train’s cab. As part of the investigation, both witnesses and the train operator are being questioned. Although foul play has not yet been confirmed, a statement from Gov. Charlie Baker, certainly makes it sound likely. “This train was tampered with, and it was tampered with by someone who knows what he was doing,” said Baker. He then went on to say, “This was an isolated incident, a tampered train, tampered by someone, and we’ll get to the bottom of it, and I’m sure we’ll have more to say about it shortly. Hopefully by the end of the day.”

Although the operator was injured, his injuries are not life-threatening. He is being treated at South Shore Hospital. Fortunately, no one else was injured. In a statement following the incident, Frank DePaola, MBTA’s General Manager, said, “Passenger safety is the highest priority for the MBTA, and this highly troubling incident is under investigation by Transit Police detectives.”

Altman & Altman, LLP – Boston’s Personal Injury Law Firm

As the above case is still under investigation, we don’t yet know if the cause was due to mechanical error, faulty parts, negligence, or criminal actions. Fortunately in this case, no serious injuries were reported. But it serves as a good reminder that commuter trains are heavy, fast-moving, dangerous machines, and we should always be aware of our surroundings when traveling on any kind of train or subway system. So many of us make our morning and evening commutes on auto-pilot, staring at our phone screens, or listening to music. These are great ways to pass the time, but just remember to pay attention to what is going on around you at all times. Continue reading

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As parents, we fear for the safety and well-being of our children every day. When teen-age children approach driving age, that fear increases substantially. Considering that young people are more likely to die in a car crash than from any other illness or injury, this fear is certainly understandable. However, with proper education, practice, and through the modeling of good driving behaviors, you can dramatically reduce your teen driver’s risk of being seriously injured or killed in an auto accident. Contact a Boston Injury Lawyer Today.

Teen Driving Statistics

Motor Vehicle Accidents are the #1 Cause of Teen Death in the U.S. – The good news is that the majority of these deaths are largely preventable. Teen crashes are typically the result of inexperience, reckless behavior, and inadequate driver-education.

In 2013, 2,163 U.S. Teens Were Killed, and 243,243 Teens Were Injured in Crashes – This equates to six teens every day that year. The most at risk age group is young people between the ages of 16 and 19.

Teens Three Times More Likely to be Killed in a Motor Vehicle Accident – Young drivers account for approximately 12% of fatal auto crashes. In 2013, about 17% of fatal teen crashes involved a blood alcohol level of at least .08%.

Male Teens Much More at Risk Than Female Teens – In 2013, males were involved in nearly twice as many car accidents than their female counterparts. In a recent study of teen male drivers involved in fatal accidents, 35% were using excessive speed and 25% had consumed alcohol. Teen males are more likely to engage in reckless behavior, such as driving under the influence, speeding, and driving aggressively.

Having a Teen Passenger Increases the Risk – Teen drivers are more at risk of having an accident when they have a teen passenger, and this risk increases with the number of passengers. This is likely because teens are more inclined to ‘show off’ when they have passengers than when they are driving alone.

Over Half of All Fatal Teen Crashes Occur at Night and On Weekends – In 2013, over 50% of teen motor vehicle fatalities occurred on weekend evenings, between the hours of 3 and midnight. Continue reading

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In the age of smartphones and hand-held devices, just about everyone knows the dangers of distracted driving. But what about distracted cycling? Several cities across the country have already banned cyclists from using hand-held devices, and multiple states have banned wearing earplugs or using headphones while riding. Contact a Boston Injury Attorney Today.

At first glance, the new laws seem to make sense. However, they are not without controversy. A distracted car or truck driver can crash into another vehicle, cyclist, or pedestrian, and the likelihood of serious injuries is quite high. The small size and weight of a bicycle, on the other hand, is not likely to injure another person if a distracted cyclist crashes. Advocates for the new law say it’s about more than just crashes. For example, a distracted cyclist can ride into oncoming traffic, causing a driver to swerve and crash into another vehicle, tree, or telephone pole.

New Bill May Prohibit Wearing Headphones While Riding in MA

Massachusetts state Rep. Steven Howitt has proposed a bill that would prohibit cyclists from wearing headphones.  “A biker could be cutting across an intersection, and an ambulance is coming through and he’s not hearing it if he’s playing music very loud,” he said. Howitt’s bill is currently pending in the Joint Transportation Committee.

Those opposed to laws prohibiting wearing headphones and earplugs, and using hand-held devices, say that it all comes down to common sense. It’s irresponsible to text while riding, and it’s equally irresponsible to wear headphones if they block all outside noise. However, there is no evidence that either form of distraction has resulted in serious injuries or fatalities. This makes cycling advocates question whether it makes sense to impose such laws and slap fines on cyclists.

Seven States Already Ban Headphones While Riding

There are currently at least seven states with specific laws against wearing earplugs or headphones while cycling. These are: Continue reading

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Winter weather cannot be avoided in Boston, and snowy or icy conditions make driving exceedingly hazardous. In total, motor vehicle crashes accounted for 2.3 million injuries and 32,675 fatalities on U.S. roadways in 2014 alone. Considering that more than one-quarter of those accidents were weather-related, it is wise to utilize special care when driving in Boston in winter weather conditions. The best way to avoid weather-related accidents is to avoid driving in adverse weather conditions, such as snow, ice, sleet, and heavy rainfall. Of course, this is not always possible. The U.S. spends more than $2.3 billion on snow and ice removal annually. Despite these efforts, accidents do still happen. Contact a Boston Injury Lawyer Today.

Adverse weather is a contributing factor in nearly 20 percent of fatal highway crashes.  Although some crashes are caused solely by winter weather conditions, driver error or negligence often play a role. Driving too fast for conditions, not leaving enough space between your car and the car in front of you, and distracted driving are typically involved in winter weather crashes. This is good news because it means that many of these Boston accidents are avoidable. However, in order to prevent accidents you have to be aware of other vehicles on the road at all times, not just your own. Even if you utilize safe driving practices, many other drivers do not. Defensive driving is key to preventing accidents all year long, but especially in winter.

Other Factors in Winter Weather-Related Crashes

In addition to slick, slushy, or slippery roads, winter travel can be dangerous for multiple other reasons. These may include:

  • Limited visibility – Falling snow can make it nearly impossible to see the road in front of you, especially at night. Avoid driving at night when possible. Use windshield wipers, leave ample distance between you and other cars, and drive slowly when heavy snowfall limits your visibility.
  • Black ice – When a layer of ice forms on the road but the driver cannot differentiate between ice and asphalt, it is referred to as ‘black ice’. Black ice is not visible to drivers because the black asphalt can be seen through the ice. For this reason, there is typically no warning and hitting a patch may cause you to lose traction and have an accident. Driving over black ice at high speeds puts you at a much greater risk of losing control.
  • Low temperatures – If you have an accident in an unpopulated area, you may be stranded for hours with no heat source. To avoid hypothermia and dehydration in these conditions, keep your car stocked with blankets, extra socks, gloves and hats, bottled water, and flares to signal for help.

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Consumer watchdog World Against Toys Causing Harm has released its report for the most dangerous toys of 2015, and holiday shoppers should take note. WATCH estimates that 46% of people will buy their holiday gifts (including toys) online and must be vigilant about how safe—or unsafe—they are. Among those on the blacklist: Dinosaur claws inspired by the movie “Jurassic World,” a quick-folding trampoline and a foam dart gun.

The Massachusetts-based non-profit says the toys singled out as the 10 most dangerous for Christmas this year represent common problems and aren’t the only potentially dangerous products on the market.

A majority of the toys on this year’s list can be found at major retailers such as Toys R Us, Wal-Mart and Kmart. They also can be bought from online sites such as Amazon.com and eBay.com.

WATCH’s list of the 10 worst toys for 2015 include:

  • “Bud” Skipit’s Wheely Cute Pull Along. Potential for choking injuries; made by Bunnies By The Bay; $29.99
  • Foam dart gun. Realistic toy weapon; made by GD.Jiefeng Toys; $13.99.
  • Stats’ 38″ quick-folding trampoline. Potential for head, neck and other injuries; by Toys R Us, Inc.; $49.99.
  • Poo-Dough. Potential for allergy-related injuries (warning label says it contains wheat); by Skyrocket Toys; $4.99.
  • Splat X Smack Shot. Potential for eye injuries; by Imperial Toy; $10.
  • Kick Flipper. Potential for head and other bodily injuries; by Playsmart; $19.99.
  • Leonardo’s Electronic Stealth Sword. Potential for blunt force injuries; by Playmates International Company; $24.99.
  • Kid Connection doctor play set. Potential for ingestion and choking injuries; by Wal-Mart Stores Inc.; $4.97.
  • Pull Along Zebra: Potential for strangulation and entanglement injuries; by Early Learning Centre; $20.99.
  • Jurassic World velociraptor claws. Potential for eye and facial injuries; by Hasbro; $19.99.
    (Info. provided by WATCH)

    According to WATCH, buyers should avoid these common safety traps:

  • Limited product information online: Consumers buying toys on the Internet are already at a disadvantage as they are unable to touch and physically inspect a toy and its packaging at the time of sale for more obvious hazards. As a result, once the toy is obtained, parents should thoroughly inspect the toy and it’s packaging prior to putting it into the hands of a child. Caregivers should not be lulled into a false sense of security that a toy is safe because of a familiar brand name on a package.
  • Inconsistent Warnings and Age Recommendations: Some toys available for purchase online may have retailer warnings and age recommendations that are inconsistent with those supplied by manufacturers.  In some cases, the warnings may be omitted from the Internet description completely. Such omissions and inconsistencies regarding important safety information can lead to misinformed, and potentially dangerous, consumer purchases.
  • Recycled Toys- Internet Buyers Beware: As toy themes popular in the 70’s and 80’s are reappearing, such as “Star Wars” and “Jurassic park” inspired figurines, toys manufactured in past decades are in greater demand today. The Internet, an ever-growing frontier of “second-hand” toy buying opportunities, is largely devoid of regulations, safety protocols, and checks and balances. Consumer-to-consumer sales on e-commerce sites such as Craig’s list and eBay are often inconsistently monitored, if monitored at all. Parents need to inspect these toy purchases for dangerous hazards and stay away from any toys that may have been recalled, caused injuries, or are defective.

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Yaz, a popular and aggressively marketed oral contraceptive sold by Bayer Healthcare Pharmaceutical, Inc., is linked to thousands of injuries and deaths. The once-a-day birth control pill may cause several potentially life-threatening side effects, including heart attack, pulmonary embolism, and even sudden death. More than 16,000 lawsuits have been filed, and Bayer has already spent approximately $1.75 billion to settle almost 9,000 claims. Despite the dangers, Yaz remains one of the most widely used birth control pills on the market. Contact a Boston Drug Injury Attorney Today.

The Hormone Drospirenone May be the Culprit

Following FDA approval in 2006, Yaz quickly became popular as a safe birth control alternative that treated undesirable menstrual symptoms such as PMS, acne, bloating, and even more serious emotional symptoms. Yaz is part of a group of newer contraceptive treatments that include the hormone drospirenone, a type of progestin that affects the uterus lining. Yaz, Yasmin, and Ocella are the only three contraceptives on the market today that include drospirenone, which may be the main cause of serious side effects. It can lead to a condition known as hyperkalemia, which is an increase in the levels of blood potassium. Especially in individuals with pre-existing liver, kidney, or adrenal disease, hyperkalemia can be extremely dangerous. To date, an estimated 100 million women have been prescribed these drugs.

Yaz is linked to multiple serious side effects. These include:
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Diane Ponte, an ex-paralegal for France-based pharmaceutical company Sanofi, claimed last year that the company had paid $30 million in alleged kickbacks to promote its diabetes drugs. Only a year earlier, Sanofi agreed to settle with the U.S. federal government for $100 million in a lawsuit alleging similar fraudulent activity. Ponte claims that she was pressured to approve contracts worth $34 million that Sanofi had with Deloitte and Accenture. She claims that the contracts included illegal incentives intended to “induce customers, including physicians, hospitals and/or retail pharmacy programs such as Walgreens and Rite Aid to influence the prescribing of drugs and/or improperly ‘switch’ from selling other manufacturers’ drugs.” Contact a Boston Whistleblower Lawyer Today.

Sanofi Attorneys Alleged to Have Destroyed Important Documents

In response to Ponte’s allegations, Sanofi referred to the whistleblower as a, “disgruntled former employee who is opportunistically attacking our company.” However, in addition to her claims of illegal kickbacks, Ponte also claims that Sanofi attorneys deliberately destroyed important documents to avoid those documents being revealed during the discovery process. Discovery is the process by which civil litigants exchange evidence and documentation relevant to a case. John Bennett, an attorney working for Sanofi, denied these allegations saying that Ponte’s claims are “false, scandalous and unsupported by any evidence.” However, this round of federal healthcare law violations seems to be more of a trend than a fluke for Sanofi. In addition to the $100 million settlement with the federal government in 2012, Sanofi was also fined 28 million euros in connection with a bribery case in Germany.

Federal Class-Action Suit Claims Sanofi Inflated Stock Prices

Ponte claims that she was fired in 2014 in retaliation for reporting Sanofi’s kickback scheme. Her whistleblowing resulted in an internal probe at the pharmaceutical company. It appears that the kickbacks were not the company’s only violations of healthcare laws. A former contractor also claims that a Sanofi executive pressured her into entering incorrect purchase order codes so that Accenture and Deloitte could get paid. In these instances, the contracts hadn’t yet been approved by Sanofi’s legal department, but the false codes allowed payment to move forward anyhow. Sanofi shareholders have also filed a lawsuit claiming that the company inflated its stock price and misled investors. Evidence shows that Sanofi likely paid millions of dollars in fraudulent payments to Accenture and Deloitte. Whistleblowers claim that the consulting companies served as middlemen in the scheme. However, Accenture and Deloitte both deny any wrongdoing in the case. Continue reading

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